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PC Minutes 1.16.18Planning Commission – January 16, 2018 3. The contractor shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. 4. The applicant shall submit a detailed grading, drainage and erosion control plan for staff review and approval. 5. The tower extension shall be of the same color as the existing tower. 6. A letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use shall be submitted to the City. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: 7555 WALNUT CURVE – VARIANCE TO BUILD A POOL. Walters: Alright this is Planning Case 2018-04, 7555 Walnut Curve. If appealed this would go th before the City Council on February 12. The applicant is requesting a 4.9 percent lot coverage variance for the construction of an in ground swimming pool and pool apron area. So it’s located in the Walnut Grove subdivision on 7555 Walnut Curve. This is a planned unit development. It has a minimum lot size of 10,400 square feet and then 30 foot front and rear setbacks. 10 foot, I’m sorry that should read 10 foot side setback and this zone, this PUD has a 30 percent lot coverage but properties within the shoreland overlay district are limited to 25 percent. This property is located within the shoreland overlay district due to the presence of a mapped stream or creek in the field to the east. There are 4 houses within the planned unit development, 4 single family homes within the planned unit development that are subject to this 25 percent limit. The property has a 14,283 square foot lot. There’s currently 26.4 percent lot coverage and it meets all required setbacks. The applicant is proposing to construct an 18 foot by 36 foot sport pool with a 566 square foot pool apron/patio area. They are proposing to install a rain garden in the southwest corner of the lot in order to capture a lot of the pool runoff. The property naturally drains towards that corner away from the stream so their rationale is most other similar properties within the PUD would be allowed the 30 percent. The intent of the shoreland management zone of protecting the creek can be met due to the grading of the lot even with the higher percentage and the applicant is planning on installing the rain garden and also an additional rain barrel to minimize runoff and impact on the stream. When staff looked at it water resources agreed with our assessment of the grading with the exception that they noticed that there’s a slightly lower dip here and they believe that if a one foot berm is constructed here to bring it all up to 1,000 foot elevation that it would then function as intended and direct any potential runoff away from that stream or creek. As you can see the creek is, looks to be pretty much plowed under in the field. We’re not exactly certain where it is there but it is, it does exist on the map so that does trigger the shoreland overlay district. Staff does believe that the intent of the overlay district of protecting the creek can be met through grading and through the use of the 12 Planning Commission – January 16, 2018 rain garden and since other properties within the PUD are allowed the 30 percent lot coverage staff did feel it was appropriate and recommends approval of this variance. I’d be happy to take any questions you have at this time. Aller: Any questions of staff at this point in time? Commissioner Madsen. Madsen: I see on the map that there is a shed and a deck on the property as well. Was there ever any discussion on maybe reducing that size to help offset the lot coverage? Walters: If my memory serves there was not discussion on reducing, removing the shed. I believe we discussed minimizing the patio area around the deck but not in terms of actually rebuilding or reducing the deck. I would let the applicant comment on that. Madsen: Okay, thank you. Aller: Any additional questions at this point in time? Hearing none we’ll have the applicant come forward. If you could tell us your name and address for the record and then tell us about your project please. Jessica Hansgen: Do you want me to speak? Nick Hansgen: Go for it. Jessica Hansgen: Okay, Nick and Jessica Hansgen, 7555 Walnut Curve, Chanhassen. First time here. Not really sure what you want me to say. Aller: So why are we building the pool? Jessica Hansgen: Do you want to address the deck and the shed. Nick Hansgen: Well why are we building the pool. I’ll cover that real quick. We are very active in the community. We have 2 young kids and we found that we do not have the time to leave the city to go to a cabin or somewhere outside of our house and really want to kind of treat this as our oasis for our family and our friends because we are so active in what we do with youth sport activities. I’m a coach here. My wife volunteers all the time so we just don’t have the opportunity to leave so we really want to take advantage of this opportunity. And then with regards to the deck. Yeah we didn’t discuss that with MacKenzie in the conversation but we feel like again as part of the natural flow and drainage of the property this will actually help in reducing any rain off that will go the other way because of how we’ll have it positioned. As well as the rain garden that we’ll have in the corner to catch any runoff from the hardscape around the pool as well as an additional rain barrel that we will use to water all of our gardens around the property. Again to help with any sort of rain off that acre. 13 Planning Commission – January 16, 2018 Jessica Hansgen: The addition of that berm that was requested from the City will actually help level off the one lower corner so in the far right, kind of that pointiest corner right there is the low part which is wet anyway and we had discussed with our landscape company who’s here as well raising that anyway so when the City came back as a condition it actually works perfectly. Nick Hansgen: It was part of our plan. Jessica Hansgen: It was part of our eventual plan to raise that up anyways so that the entire property doesn’t drain. In fact that will pretty much make 100 percent of the property drain towards that drainage pond. Not the creek. Nick Hansgen: Yep. Aller: So the neighborhood has heard you want to build a pool. Jessica Hansgen: Oh yeah, they see it. Aller: And what comments have you had? Jessica Hansgen: They are very much in favor of it. Nick Hansgen: When’s the party? Jessica Hansgen: Yeah, yeah. Nick Hansgen: When can we come? Jessica Hansgen: We have a pretty active neighborhood in terms of kids who are around who are inbetween both of our sons. We’ve got a young one and then an older one and a lot of ages inbetween come over and they’re hoping it passes. They’re excited. We do have a couple other pools in the neighborhood but their kids are aging so in terms of the use and being around you know. Nick Hansgen: Limited. Aller: Any additional questions of the applicants at this time? Tietz: Just, I assume that with the excavation for the pool you’re going to have excess fill material which will make that construction of that berm a non-issue. Jessica Hansgen: Yeah. Nick Hansgen: Yep. 14 Planning Commission – January 16, 2018 Tietz: I’m sure that the grading that’s going to occur back there is going to. Nick Hansgen: Yep, that was our plan. Tietz: It’s a nice place to unload some material. Jessica Hansgen: Yeah that was actually like I mentioned in our favor. Tietz: Yeah so it’s good. Jessica Hansgen: Yeah it gives our boys a nice flat area. Tietz: Yeah we just have to find that creek you know. Jessica Hansgen: Yeah right… Nick Hansgen: The farmer… Tietz: The farmers that plowed it for 25 years. Nick Hansgen: He plows it. He fields it every single year. Can’t see it anywhere back there. It is pretty much dried up. Jessica Hansgen: The turkeys and the deer like it. Nick Hansgen: Turkeys and deer are there but yeah, there’s, you can’t see anything back there at all. Aller: Great, thank you. And this is a public hearing item so I’ll open up the public hearing portion of this item for any individual wishing to come forward and speak either for or against the item. Hearing no one, seeing no one come forward I’ll go ahead and close the public hearing portion of this item and open it up for discussion and action by the commissioners. Randall: I think it’s an improvement of the property even with the variance. The way they planned it out and everything, I like it. If I’m going to approve a variance it definitely passes my approval I guess. Aller: Commissioner Tietz. Tietz: Yeah. Aller: Well any motions or actions suggested at this time, I’ll invite a motion. 15 Planning Commission – January 16, 2018 Tietz: I’ll make a motion. Aller: Commissioner Tietz. Tietz: The Chanhassen Board of Appeals and Adjustments approves a 4.9 percent lot coverage variance subject to the conditions of approval and adopts the attached Findings of Fact and Decisions. Aller: I have a motion. Do I have a valid second? Madsen: Second. Aller: I have a second. Having a motion and a second any further discussion? Tietz moved, Madsen seconded that the Board of Appeals and Adjustments approves a 4.9 percent lot coverage variance subject to the conditions of approval and adopts the attached Findings of Fact and Decisions: 1. The applicant must apply for and receive a building permit. 2. Lot coverage may not exceed 4,266 square feet. 3. A low berm must be constructed in the southeast corner of the lot as depicted in Attachment 6: WRC Required Berm. 4. The applicant must purchase and install a fourth rain barrel. 5. A rain garden must be installed in the southwest corner of the property. The design of the rain garden and installation must be verified by the City’s Water Resources Coordinator. All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPROVAL OF MINUTES: Commissioner Madsen noted the Summary and Verbatim Minutes of the Planning Commission meeting dated January 2, 2018. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Aller: Future Planning Commission agendas. We do have some changes there. 16