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PC Minutes 2016 03 15 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MARCH 15, 2016 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, John Tietz, Nancy Madsen, Lisa Hokkanen, and Maryam Yusuf MEMBERS ABSENT: Steve Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; Drew Ingvalson, Planner, and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Dan Hanson, Wausau Homes 1450 W. Farm Road, Chaska Keith Jones 6265 Ridge Road Ryan Majkrzak 9001 Lake Riley Boulevard Jack Fess 6280 Ridge Road Peg Schelitzche 680 Pleasant View Road Michael Wistrand 9670 Meadowlark Lane Gayle Vogel 105 Pioneer Trail Dave & Amy Vogel 9641 Meadowlark Lane PUBLIC HEARING: 6285 RIDGE ROAD, PLANNING CASE 2016-05: REQUEST FOR AN INTERIM USE PERMIT TO PERMIT CONSTRUCTION OF A STABLE ON 1.74 ACRES OF PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 6285 RIDGE ROAD (LOT 1, BLOCK 1, MEYER’S ADDITION). OWNER: NANCY LINK. Generous: Thank you Mr. Chairman, commissioners. Planning Case 2016-05 is a request for an interim use permit to allow a property owner to build a private stable on their property. Again th tonight is the public hearing and this item will go forward to City Council on March 28. The applicant is Nancy Link who lives at 6285 Ridge Road. I should point out that I did provide 3 pieces of correspondence that were submitted after the staff report went out. All 3 of them are opposed to approval of the interim use permit for the stable. I did want to explain one of them was talking about a side issue about the construction of a pool on the property. They have a valid permit for that and there’s nothing under our city code that requires that they provide the barriers around the hole in the ground. It would be like the City requiring that for every basement that was constructed in the city and dug out. It’s only prior to filling the pool that the city code requires that a fence be installed on the property so. The other item. Chanhassen Planning Commission – March 15, 2016 Aller: If I could just for the record, we have received all 3 items and they will be part of the packet which will be reviewed and then received by the City Council for final action. Thanks Bob. Generous: Thank you. And the second part of it was the shrubs that were taken out and trees and scattered on the site. We had been in contact with the property owner and she’s agreed to work with her contractor to get that cleaned up so those items will be addressed otherwise. The property’s located at 6285 Ridge Road. It’s right on the corner of Pleasant View and Ridge Road which is a private street. It’s in the northeast quadrant. The site slopes down from the west to the east. To the east is the Pleasant View preserve which is a natural area. It’s wooded in this area and then there’s a big wetland complex and then an open water body. The property is zoned single family residential. Under the RSF district regulations one of the interim uses is a private stable for horses. The requirements for getting that are that they comply with Chapter 5 which is our stable permit requirements which specifies all the things that a property owner would have to do. This property is 1.74 acres in size. City code requires a minimum of 1 ½ acres for up to 2 horses and then another half, 2 acres if you want 3 horses and then a third acre for each additional horse. The easterly part of the site is, has a significant canopy area. Some of the understory trees and buckthorn have been cleared out by the applicant and their contractors. Again the request is the interim use permit for a private stable. The RSF district permits stables as interim uses. What an interim use means is that at some point there is a sunset date on that. As part of staff’s recommendation we came up with 3 items that would trigger that event. One would be the sale of the home or the property. A second one would be a subdivision of the property which would make it smaller than ordinance requirements. And the third would be if the City would have to widen Pleasant View Road and take additional right-of-way to make that work. We believe that is, the sale of the property allows that if the City should in the future amend it’s ordinances to preclude this type of use that it would not have a non-conforming status that would be allowed to be continued so. Again the interim use is to construct a private stable on a property zoned single family residential. It’s to allow the owners to have horses and in this instance while they currently are proposing that they only have one, a miniature pony, ordinance would allow them to have up to 2 horses. This is a schematic of their property. This is the area where the pool is going in. It’s on the north central part of the site. House is located here. You can see all the contours. It drops down the hill. They’re looking someplace in this area to put the stable in and then the wetland is off the screen. They exceed the minimum requirements of separation in city ordinance so. They would have to come in for a separate building permit if this item is approved by the City Council. As part of the approval they would need to have, Chapter 5 has what is it? Ten criteria for the approval of a stable permit. Some of the opposition to this is a concern about noise and you know rodents and smells. However under our stable permit they’re required to keep that in a clean shape and one of the specific conditions are the shelter or stabling facility shall be clean and sanitary such that it would not be a harborage for rodents, flies and insects. The City has the right as part of the stable permit operation to inspect that so if there are complaints we can go out and make sure that it is kept in a wholesome manner. Manure has to be trucked off the site every once in a while. Unfortunately for the horse 2 Chanhassen Planning Commission – March 15, 2016 this site does not provide enough forage for it so they’ll have to bring in hay and oats for it to be fed so. Again they’re going to have to enclose this. They have to meet all the requirements of city code. Annually they would need to come in for a stable permit and at that time we would, we do have an inspection that our stable inspector performs prior to issuance of the annual permit. It will be a one story structure. Again has to come in for building permit approval if this is approved by City Council. Footprint, there’s 2 proposed stalls in it. The lean to area on the east and then the area for storage on the west side of it. Pretty basic facility. It will blend in with the neighborhood. It’s you know attractive building as far as accessory structures go and it’s really not that big. 32 feet total from one end to the other and 16 feet wide so. Staff is recommending approval of the interim use permit to permit the private stable subject to the conditions of approval in the staff report and adoption of the Findings of Fact and Recommendation. With that I’d be happy to answer any questions. Aller: Just real quick what’s our enforcement capability on Title 5? So if they don’t meet the requirements, they don’t pass an inspection what is the City going to do? Generous: The City may revoke their stable permit. Aller: And if they revoke their stable permit and they say we have a horse here we won’t go then we have to take legal action? Generous: That’s correct. Like any other code enforcement issue. Aller: Any questions at this time of staff based on the report? If the applicant would like to come forward we can hear from the applicant. If you could state your name and address for the record that’d be great. Nancy Link: Hello. Yes I am Nancy Link and I live at 6285 Ridge Road. Aller: Great welcome. Nancy Link: Thank you. I just wanted to start by especially thanking you Mr. Generous. I know we’ve worked a lot over the last several weeks but I want to thank all of you, Chairman Aller and all of the City Council members. Thank you for your public service and I just want to thank you for this time tonight and this opportunity to speak with you about my family’s request for a permission permit to build this stable. He did a great job. I probably don’t have to go into too much more but my goal for the time tonight is just to keep it short and sweet and informative th and productive. As I stated in my narrative to Mr. Generous on January 29 the reason that we want to build this stable is for a 3 year old miniature horse that we currently have at the breeder in Clearwater, Minnesota. It’s about an hour drive one way so our goal is to get him home so that we can spend more time with him. In an effort to be very forthcoming with the people in my neighborhood I provided them a copy of basically the narrative that I had provided City Hall. Some people have stopped by to share in their excitement but others have voiced their concerns 3 Chanhassen Planning Commission – March 15, 2016 and the bottom line that I just want to voice tonight is that I am fully prepared to not only enhance this neighborhood but to keep everything just as clean and pretty as it already is. We know that it’s going to be a lot of work. My daughter when we go to visit the horse she does work at the stable. She can’t wait to get up there and do it and she can’t wait to get up in the morning hopefully and do it at her home. So we believe that he’s going to bring a lot of joy to our family. He already has and we hope that ultimately it will be a fun thing in the neighborhood but there was on the committee’s summary, the planning committee case summary those 5 points that you indicated. That the structure be of sound, solid construction and it will also be aesthetically complimentary to the look and design of our home. We will definitely submit a tree removal plan in conjunction with the building permit and our goal is to preserve any healthy trees and just get rid of things that shouldn’t be there anyway to make room. And then 4 and 5 is to meet all the city code Article 5 or Article III, Section 5 requirements. The only thing that I wanted to clarify under the discussion points, the last part of that paragraph. It starts out, it should be noted that fences for pool enclosures must be a minimum of 5 feet high. And then it goes onto say if the applicant intends to use the same fence for both the pool and the pasture they must increase the height to 5 feet. I just want to make sure I understood that because. Generous: As part of the permit application for the fence that the City had it said it was a 4 foot high fence. Nancy Link: Oh okay. Generous: So I was trying to clarify that. Nancy Link: Thank you, okay. Generous: It has to be 5 feet. Nancy Link: Okay great. I did not catch that part earlier. Thank you very much. So I’m happy to take any questions and hopefully I can answer them. I have some wonderful people on my team, none of which could be here tonight but they said that they would be happy to answer anything as well if there’s questions that I can’t handle. I think that’s it. Thank you so much. Aller: Any questions at this point? Commissioner Madsen. Madsen: I have a question about the fence. So is there a separate fence that will be around the pool area that’s different than the one that would be around the perimeter of your yard? Nancy Link: Yes and essentially the fence, the pretty part of the fence that will be made of cedar is going to go along the north side of the home and then once it turns into the more of the brushy part of the, of my property line it’s going to be a black vinyl coated chainlink fence that will come directly from the north to the south and will actually enclose the whole property for, not the whole property but the whole back yard for the pool and then contained within that will be 4 Chanhassen Planning Commission – March 15, 2016 the small stable with a small pasture area separately. So almost concurrently, does that make sense? Generous: Side by side. Madsen: Side by side so two separate fence areas? Nancy Link: No so if, if this is the fence around the property of the pool, within that will be a smaller area that will have the stable and a smaller fence just for that. Just for the horse. Does that make sense? Aller: How large is the smaller fence? Nancy Link: You know we have, gosh my, the Dakota Fence Company has come out and laid out all those measurements but essentially it’s going to be whatever the minimum that is required for one miniature horse to have adequate pasture grazing capability. Aller: Okay and then could you tell us a little bit more about the horse itself? The size. The function. Nancy Link: Yep absolutely. Miniature horses, they’ve been around for a long time. They’re very popular in Europe and they have slowly, in the 70’s they started to make more of an appearance in the United States. My daughter, she is 11 and like most little girls she loves horses and when she turned 10 she really wanted a horse and she knew that wasn’t going to happen and so she discovered Google and then she discovered miniature horses and so as we started to learn more about them they really strictly are a family pet. They don’t have work capabilities. They’re not meant to be ridden. You cannot saddle them and ride them and so it’s more of, it’s almost like a dog because you can teach it to do tricks. You can take it on walks. There is a community in Minnesota that does horse therapy where you can, miniature horse therapy. You take them to visit nursing homes or hospitals or the like just because they’re a nice therapeutic type of, what’s the word. Demeanor about them so they’re calm. Very mild mannered animals and so we have come to know Smoke is his name. We go up and visit him quite frequently and he’s just a delightful little guy so. Aller: Great and you said you had a lot of people on your team. Are they friends, neighbors or are they professionals? Nancy Link: Yes. Bob Rennon is with Minnesota Green and he’s been an integral part of kind of everything. Dakota Fence, Rick Fisher has been my contact with that. And then Mike Austin is a builder, remodeler who also has 10 horses of his own so he helped design the stable that we put together. And the pool guy as well but he’s not really a part of that so I guess that’s it. 5 Chanhassen Planning Commission – March 15, 2016 Aller: And then before I let you go, maybe somebody else has some questions but have you had an opportunity, you indicated some people had shared with you things that they didn’t like. Can you address some of those? What they were and how you intend to work those things out. Nancy Link: Yes. My understanding is that there is a concern about noise which he doesn’t make a lot of noise. He does make the sound of a horse but it’s just, it’s not as boisterous as like a full sized horse. He weigh 175 pounds. Miniature horses can get up to 250 pounds but he is a full sized, full grown guy so hopefully he won’t gain an extra 75 pounds but they, let’s see. So one concern was the noise and then the smell and you know thankfully these are not, you know this is one small horse. It’s not like a big herd of horses so I’m not concerned about that. I absolutely agree. I don’t want to smell it either but that will be part of the maintenance and keeping up and the work that is involved with having an animal like this. Let’s see. There is a concern about coyotes which is already been a concern in the neighborhood but I don’t know how else, you know I know that as far as the construction goes that there has been some debris that was placed and one of my neighbors has noticed trackings from a coyote and so that is something that I just learned about yesterday. Or was it yesterday? Yeah and so I’m already on that. But I think coyotes and deer and squirrels, you know these are all part of our natural environment but hopefully it doesn’t bring lots of coyotes in the area. I don’t know if that’s. Let’s see what else? I guess that’s it. Aller: Any other questions? Tietz: Yeah Andrew. Aller: Commissioner Tietz. Tietz: Yeah I just have a question. There appears to be a pretty significant drainage ditch just kind of wandering or meandering. Not a creek but a ditch that goes to Silver Lake and into the wetland. How would you propose to contain any drainage from the paddock or the corral because it appears that you know it’s a heavily wooded lowland vegetation area. Nancy Link: Yep. Tietz: I would think you’re really not, I’m sorry to make a comment about this, in my estimation it’s going to be very difficult to grow any grass down there with all the shade that you have so you’re essentially creating a corral or a holding area. So how are you going to deal with that and how are you going to deal with the runoff to Silver Lake? Nancy Link: Right. So Bob and I, as well as Mike Austin have had lots of discussions about that and part of several thousand dollars worth of work is going to go into grading that area so it becomes a flat area for him as well as getting rid of lots of the trees that are providing shade that doesn’t necessarily need to be so shaded back there so I mean we’re not going to clear out the whole area by any stretch but we definitely you know we’re having an irrigation system put in 6 Chanhassen Planning Commission – March 15, 2016 with the pool so hopefully we can create a nice pasture that has a lot of grass and we can keep the runoff. I don’t know the technical terms for all that but it’s definitely, that is on our list of areas. Tietz: So will there be a grading plan submitted. Generous: As part of the building permit. Tietz: So the entire area that’s proposed as a pasture would have a grading plan submitted in conjunction with the application? Generous: Yes. Tietz: Okay. Aller: My assumption is they’d also have the typical requirements for the silt fence and things for purposes of construction to protect the water. Generous: Yes. Engineering will review their grading plan and all those things get added as part of our building permit review. Aller: And because we don’t have those plans and it hasn’t been approved yet, then the City hasn’t been involved in taking a look at it in any form or fashion at this point? Fauske: That’s correct. Aller: Any additional questions of the applicant? Nancy Link: Don’t want to get the cart before the horse right? Aller: Alright. Nancy Link: All set, thank you Chairman. Aller: Great, thank you. Okay we’ll open up the public hearing. And invite anyone here who wishes to speak either for or against the item to come forward. Come up to the podium and state your name and address for the record. And then your position. Let’s have a good conversation about what you think. Jack Fess: Well good evening Planning Commission and good evening Nancy. I live directly across from Nancy and I’ve been out in Colorado skiing for the last 9 weeks so I rushed home nonstop believe it or not in my car. 16 hours so I could be here to this meeting and the letter that my neighbors, well first of all I’ve managed the Ridge Road Chanhassen section for 33 years 7 Chanhassen Planning Commission – March 15, 2016 right now and this road goes all the way back from the subdivision from the time Nancy Marino was the mayor here to come down with City Council. When that property was all subdivided. That total property on the right hand side as you’re going up from Nancy’s corner to the chain is 7 acres. Now I spent considerable time this morning talking to Dr. Marr who owned that property and I want to give City Council a little bit of history of that property if I can so that everyone, I mean I’ve been here 34 years. I’ve been managing the road 32. He’s been here 46 and there is a history of that property with horses and I’d like to let you know. Okay at one time Dr. Marr’s bought that property in 1972. He’s a Urologist that’s retired. Raised his 2 children there. Prior to him that property was owned by a man and a woman who had 2 horses. That fence came from Libby, Montana. Was shipped all the way to Minnesota and installed there because this guy’s father was in the lumber business. We had a death that took place on that property when a horse, a young kid came through the corral area which was from the original house down to the corner and he got kicked in the head by a horse. Now that’s before I got there. The gentleman’s, the son’s name, the family’s name was Lindquist. There was a lawsuit involved. A divorce involved with the guy that owned the property. Subsequently the lawsuit, the kid was a vegetable I understand. Aller: Sir, what I’d like to do is kind of narrow the issue down to the problem with horses at the location. Jack Fess: Okay here’s the situation. The property would have never been subdivided if Mr. Marr, Dr. Marr knew anybody would apply for a horse, whether it’s a small one or big one. One of the things when he came on that property, Dean Wetzel, Mrs. Wetzel still lives across the street from that property 3 doors up from Nancy on the lake side. We’re all on the lake side and it’s the first thing they said to Dr. Marr you better not be putting a horse. Now we were a township back then. That’s one thing but we’re not a township today and he said, he looked at Mr. Wetzel, he didn’t even know the situation and said what are you out of your mind? So we did have 2 horses on there. Now we have 13 houses on the street. We checked with every owner. The ones that are in Florida for the winter. We have one neutral and we have 12 against this and I can only tell that we will go to City Council if we have to bring counsel with us. Now I sent a letter, I hope everybody has gotten it on behalf of my neighbors addressing these. Now the thing that I’m shocked about coming back and hearing that in the city of, in the town of Chanhassen if you have 1.8 acres or 1.75, whatever the planner mentioned before you can possibly put a horse on it. That total property on both sides up there is 14 acres and if you look at that there’s, there’s basically those properties are all 1 acre plus. The neighbor across the street who lives next to me has 2 acres and about a $4 million dollar house. Now we have 4 homes going up right now on Christmas Lake. All of them in the Shorewood side and none of them are less than $4 million dollars. Now this is a pretty prestige area. We’re paying a lot of taxes down there so here’s our basic concerns. Our basic concerns is we’re in a residential area. We’ve had horse problems before on Christmas Lake when it was across County Road 17. If it wasn’t for Frank Beddor that lake would have been polluted. We fought it for years when we had commercial horses. We haven’t had another horse in that area since 1970. Pat Cunningham who happens to be the father-in-law of this doctor got rid of his horse after this accident took 8 Chanhassen Planning Commission – March 15, 2016 place and that’s the property where you come around Pleasant View Road to start down the hill on the right hand side. Pat had one horse. He got rid of the horse. We had 2 horses over on Christmas Lake Road that caused problems with runoff going into Christmas Lake. Them horses haven’t been there for 20 years. I’d like to know of one other place around where we live where there’s any horse whatsoever in Chanhassen. I’d like to go see it and see what’s going on. Does any, and the other question I ask, if you had a house that’s in a million dollar plus range, which most of those houses are, would you want to be on a private road with a farm animal across the street in this day and age? I don’t think so. Now one last thing. We have one neighbor who probably has the biggest horse ranch in this area here that lives 4 doors up. This happens to be the Bar Knot, what town’s it in Deanna? Deanna: Out by Orono. Jack Fess: Out near Orono that was, here’s a Cargill family. The grand daughter that owned that. They have jumping horses and she takes them all over the world. Flies them in airplanes even to Dubai. Aller: Okay sir we have to stay with this property. Jack Fess: Okay, her answer is when we read the letter to her, she not only thinks it’s not a good idea. She thinks it terrible for the small horse to be there by himself with no other horses. They’ve got a llama out there. They even has a zebra for God’s sakes in that training stable out there. There are places you can put a horse that’s closer than where this horse is being stabled today and all due respect we’re just shocked as neighbors. Shocked at the idea that someone would build a new swimming pool and then put a horse in the same property. So we are very upset and as I read this letter, if you want me to read it out for the general public. Have you all have a copy it wouldn’t be necessary. Aller: It’s going to be on the website and you can receive, you can take a look at it and anyone at home. Jack Fess: Well we have 13 residents including Nancy. We have 11 no, one neutral. And we all have to live together and we do get along together. I don’t think there’s a better place in Chanhassen to live. We let everybody come up that private road. We have no problems whatsoever with neighbors but this is not a very good idea for where we live. I love horses too but I just came back from Aspen. I researched that whole valley for 50 miles. You couldn’t put a horse in the town of Aspen or Vail, Colorado today. You couldn’t put it in Edwards. You couldn’t even put it in the next town down. You’d have to drive 50 miles where people are stabling their horses out there because they just have zoning laws that you can’t do this so I mean I don’t think this is a Chanhassen of 25-45 years ago and I don’t think anybody on this Planning Commission would want to live on a private road where a horse in this day and age with little kids are going to take care of it with a busy schedule everybody has and the snow we get. And the other question I have, do we have electric in there? Do we have running water? How do you 9 Chanhassen Planning Commission – March 15, 2016 keep it from freezing? I don’t know so all I can say we love Nancy and her family but this is not a good idea and she did not bring it to us before she went to you guys or we would have tried to talk to her so this is what happens when you don’t communicate. I’m sorry. Aller: Well we appreciate your passion on the subject and thank you for sharing with us. Any other individuals wishing to come forward. Keith Jones: Yes please. I’m Keith Jones. I’ll keep it real short. Aller: And your address please. Keith Jones: 6265 Ridge Road so I’m right next to Nancy. Aller: Thank you. Keith Jones: Love Nancy. Most fun neighbors we’ve had in that house ever so that’s been fantastic but we’ve been there 19 years. Owned the property for 19 years. Been there 17. Owned it for 19. My concern, it’s not the cute little horse. It’s the fact they can have 2 full grown horses in there. That’s true smell. That’s true property value, devaluation and other issues like that that happen. And I am quite concerned about the coyote issue. Yes we already have them but it will only get worst if something’s penned right there. My dog was killed within 100 feet of where that stable would be by a coyote about 10 feet out our back door while she was going to the bathroom. Aller: Sorry to hear that. Keith Jones: While I was watching her and they came in a pack and all that. Well anyway the point is just don’t feel it’s right for our neighborhood. Love the Link family. Don’t want anybody to feel bad and I also really appreciated Mr. Generous because I did have a couple questions about trees and stuff and I appreciate you taking care of those so thank you very much for your time. Aller: Thank you for sharing your information. Any other individuals wishing to come forward at this time to speak either for or against the item before us? Seeing no one come forward I’ll go ahead and close. Peg Schelitzche: I do have a comment. Aller: Oh we do have a person coming forward. Take your time. State your name and address for the record please. Peg Schelitzche: Peg Schelitzche and we live at 680 Pleasant View Road which is just adjacent there. It’s that buffer between the two and we just have a couple questions. First of all I’m not 10 Chanhassen Planning Commission – March 15, 2016 seeing on the map exactly where the stable is going to be. Is that, it’s not up there now. Okay. So it’s way down in the bottom left hand, bottom right hand corner and we’re the house, then there’s buffer land inbetween and then we’re the house, the next house right on the corner on 680. We’re just concerned as to, first of all the runoff of the leftovers from the horse and all that and also my husband was concerned also, is there going to be, right now they’re working on the property as I understand it with the retaining wall and the pool is going in but there’s not going to be an access onto Pleasant View Road or is there? Fauske: An access to? Peg Schelitzche: An access, another driveway onto Pleasant View Road. Fauske: No. Peg Schelitzche: No. Okay right now there is because the workers are using that. Fauske: Construction entrance. Peg Schelitzche: Construction okay and so that’s just what our concern was is that there would not be another access to get to the stable or anything like that or for trailering or whatever you’re doing with that to be on Pleasant View Road because we don’t need more on Pleasant View Road that’s for sure because we all know it’s a bad road to begin with but that was all the concerns we had and we, like I said I didn’t see this map in the printout so I wanted to know exactly where this was going to be. Thank you. Aller: Great, thank you. Anyone else wishing to come forward? Seeing no one come forward I’ll close the public hearing and open it up for commissioner comments or questions. Any feeling on it? Madsen: I shared. Undestad: I have a question for Bob there. Maybe you can clarify the potential for 2 large horses on there. The acreage, the coverage, is the land structure? Generous: The land is sufficient to permit up to 2 horses. Undestad: So whether it’s a flat pasture or a cliff down, as long as it’s that acreage they can. Generous: Yes we were looking at amending the ordinance what is it a year ago but it wasn’t pursued. Undestad: Okay. 11 Chanhassen Planning Commission – March 15, 2016 Aller: If they wanted to upgrade to allow 4 horses would the structure also have to change then? Generous: I don’t believe. Aller: Because if they built this for a miniature horse and they wanted to bring in 2 horses would they have to come back? Or would they have to get a building permit and change the building? Generous: They would just, if they had to change the building they would need a permit but they wouldn’t have to come back to Planning Commission. This is, their approval is now for interim use permit to have a private stable. And I would have to ask Carol, our horse inspector whether or not this facility is adequate for full sized horses or if it’s undersized. Aller: Any further questions or comments? I’ll entertain a motion to either table or pass or fail or? Yusuf: I’ll make a motion. Aller: Commissioner Yusuf. Yusuf: The Chanhassen Planning Commission recommends that City Council approve the interim use permit to permit a private stable subject to the conditions of approval and adopts the Findings of Fact and Recommendation. Hokkanen: Second. Aller: Having a motion and a second, any further discussion? Madsen: I do not. Aller: Commissioner Madsen. Madsen: I do not support that. I think there are concerns from the neighbors with regard to the use of that property and how the neighborhood has grown and I just, I would not support that motion. I also have concerns about the waste and trucking it out and the fact that if you approve this for a private stable that doesn’t limit it to miniature horses. That large, regular sized horses could potentially be there. Generous: Yes theoretically they can have up to 2 horses on this property. Nancy Link: Can I address that? Aanenson: Can I just get clarification on what you’re discussing. …the interim use permit I wanted to separate. So the building permit’s a separate process. You’re not here to review the 12 Chanhassen Planning Commission – March 15, 2016 building plans. We’re showing that for your edification to show what it could be so that will be managed through, looking at the drainage, the grading and all that to make sure it meets all the setbacks and accessory structures, square footage so the item before you tonight is whether or not it meets the criteria for an interim use permit and those are limited to in the ordinance. Does it meet the criteria of the zoning regulation? It’s a permitted use in the zoning district and is that, and that we gave a date of termination. Aller: For a sunset. Aanenson: Yeah, a sunset date so we gave 3 criteria on that. One if the owner changes. Road improvements and, what was the third one? A subdivision were to occur and then the City would at no additional cost, let’s see. The City will impose additional cost is the public, if it’s necessary to take property in the future so this would typically apply to some other where we’re subdividing or additional sewer and water would be a requirement so if they meet all those conditions that’s the criteria that we’re looking for. Aller: And I think that’s where Commissioner Madsen was going. I think what she’s looking at is the ability for the scope to be changed from what the request is with a miniature horse to the ability if it’s approved to just move in 2 horses. Aanenson: Right, again we’re not looking at, we’re looking at the interim use for the horses. We’re not looking at size. We’re not, we’re silent on that. We’re just saying does this lot meet those requirements and in order to address those issues we try to clarify where the barn’s going to sit. How it’s going to be managed. Will it be fenced. All those other conditions to make sure it meets regulations. Not to dismiss those other comments because those are certainly always important and if there are nuisance problems that we would go out and inspect those. Aller: What I’m hearing from the City after it’s investigation and from reading the report is that it does meet all the requirements statutorily. In our zoning. Generous: Yes it appears so. Aller: And then the question for us would be has anything been presented tonight which would put those findings into question as finders of fact and that would be the determination in your minds whether or not you feel as though it meets the requirements based upon what we have before us or it doesn’t. So based on is there any other comment or based on that information and the comments and the motion and second before us. Any further discussion? Yusuf moved, Hokkanen seconded that the Chanhassen Planning Commission recommends that the City Council approve the Interim Use Permit to permit a private stable subject to the following conditions and adopts the Findings of Fact and Recommendation: 13 Chanhassen Planning Commission – March 15, 2016 1. A building permit is required. If the proposed construction is to be of a “pole-type” building a signed structural engineer’s design is required. 2. The applicant shall submit a tree removal plan in conjunction with the building permit application. 3. The applicant shall preserve any significant, healthy trees within the rear yard. 4. The applicant shall meet the requirements of City Code Article III, Section 5, Horses. 5. The interim use permit shall end with any of the following occurrences: 1) sale of the property, 2) subdivision of the property or alteration of the property lines or, 3) widening of Pleasant View Road which takes additional right-of-way from the parcel. All voted in favor, except Commissioner Tietz who opposed and the motion carried with a vote of 5 to 1. Aanenson: Then just for clarification for the neighbors this item is scheduled to appear on the thth 28, the City Council meeting on the 28. th Aller: On March 28. th Aanenson: March 28, right. Right. Again our staff report was saying did it meet those merits. We’re not judging whether or not it’s a good neighbor or not. We’re just saying did it meet the th intent of the ordinance so that will be scheduled then for the March 28 and all the information that was presented as well as the verbatim Minutes will be attached to this item going forward to the City Council. Aller: Correct and those of you at home or present who want to follow that also can receive these reports and see these reports on the City’s website under the Minutes of the Planning Commission and also on the, the different City Council Minutes section so as it comes forward and it moves forward as a package you’ll be able to click on that link and look at the PDF’s including any reports, letters, information and the verbatim information and documentation that was received tonight. Okay moving forward to item number 2. PUBLIC HEARING: 9001 LAKE RILEY BOULEVARD, PLANNING CASE 2016-06: REQUEST FOR A VARIANCE TO FENCE HEIGHT ON .98 ACRES OF PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 9001 LAKE RILEY BOULEVARD. OWNER: RYAN AND CAROLYN MAJKRZAK. Ingvalson: Thank you Chairman. Correct so this planning case is for a height variance for a fence that is in the shoreland setback. Here is an image of the, an aerial image of the property. On the left you can see that the property is adjacent to Lake Riley. It is also on Lyman 14