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PC SUM 2005 06 21CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES JUNE 21, 2005 Chairman Sacchet called the meeting to order at 7:00 p.m.. MEMBERS PRESENT: Uli Sacchet, Deborah Zorn, Kurt Papke, Mark Undestad, Debbie Larson, Dan Keefe and Jerry McDonald STAFF PRESENT: Sharmeen Al-Jaff, Senior Planner; Paul Oehme, City Engineer/Public Works Director; and Lori Haak, Water Resource Coordinator PUBLIC PRESENT FOR ALL ITEMS: Debbie Lloyd 7302 Laredo Drive Jim Broughton 6927 Highover Court North Janet Paulsen 7305 Laredo Drive PUBLIC HEARING: REQUEST FOR VARIANCE TO ALLOW A SUBSTANDARD DRIVEWAY TO BE UTILIZED AS A PRIVATE STREET TO SERVE MORE THAN ONE LOT ON PROPERTY LOCATED AT 6281 TETON LANE, JERRY STORY, APPLICANT, PLANNING CASE NO. 05-19. Public Present: Name Address th Jerry and Karon Story 12137 88 Place North Cynthia Gallo 16799 Terrey Pine Drive, Eden Prairie Naomi Carlson 5055 Cathcart Drive, Excelsior Gary & Karen Dohse 6251 Teton Lane, Excelsior John & Sue Kuntz 6441 Bretton Avenue Peter Korolchuk 6330 Teton Lane, Excelsior Sharmeen Al-Jaff presented the staff report on this item. Commissioner Papke asked about similar variances in the city or this area. Staff stated there were none. Commissioner Keefe asked about access off Powers Boulevard and historical information on discussions held between the applicant and the city when this parcel was purchased. Commissioner McDonald asked for clarification on previous attempts to develop this property, private streets and driveways. Commissioner Larson asked about the placement of the private street. The applicant, Jerry th Story, 12137 88 Place North, Maple Grove provided historical information on discussions with city staff since they purchased this parcel 14-15 years ago and his feeling that this property is land locked under the rules of the State of Minnesota. Commissioner McDonald asked the applicant to clarify the conditions and restrictions of the easement to his property. Planning Commission Summary – June 21, 2005 Commissioner Papke asked about the current use of the property. Chairman Sacchet opened the public hearing. Rob LaFleur, an attorney representing neighbors Robert Rabe who owns the adjoining property to the west at 6307 Teton Lane; Naomi Carlson who owns the adjoining properties to the south at 6397 and 6411 Bretton Way; Gary and Karen Dohse who own the adjoining property to the northwest at 6251 Teton Lane; Kirk and Cami Swanson who live directly across from the subject easement at 6340 Teton Lane; and Greg and Patty Bazany toward the south with an address of 6420 Bretton Way. He explained the reasons why these neighbors strongly support the staff recommendation for denial of the requested variance, i.e. it being a substandard street, utility extensions, public safety, and drainage issues. Naomi Carlson, fee owner of the easement, stated that there would be legal problems involved with the easement if this variance request was approved. Chairman Sacchet closed the public hearing. Commissioner Keefe asked about getting a written legal opinion of the issue of whether or not this property is land locked. After commission discussion the following motion was made. McDonald moved, Zorn seconded that the Planning Commission recommends denial of Variance 05-19 for a 16 foot variance from the 30 foot wide easement requirement, a 6 foot variance from the 20 foot pavement width requirement and a variance to allow a private street based on the findings of fact in the staff report. All voted in favor and the motion carried unanimously with a vote of 7 to 0. APPROVAL OF MINUTES: Commissioner Keefe noted the verbatim and summary minutes of the Planning Commission meeting dated June 7, 2005 as presented. Chairman Sacchet adjourned the Planning Commission meeting at 7:50 p.m.. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 2