CC Minutes 6-24-19Chanhassen City Council – June 24, 2019
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Councilman McDonald: And I’ll talk to the City Manager. Maybe he can kind of boil it down to
what it is we need or something. Thank you.
Todd Gerhardt: Mayor and council…we’ve seen the data breakdown earlier this year for some
reason we haven’t been getting that the last couple of months. I’ll show tomorrow what that is
and it’s a pie chart that shows total A offenses, B offenses, non-criminal.
Lt. Lance Pearce: And what the code breakdown is.
Todd Gerhardt: I didn’t.
Lt. Lance Pearce: You guys aren’t getting that?
Todd Gerhardt: Yep.
Lt. Lance Pearce: Okay we’ll talk tomorrow.
Todd Gerhardt: Yeah and then Lieutenant Kittelson gave a staff report with a 5 year history and
total crimes over a 5 year history back in February… I’ll send that off to council as kind of a
reminder and then I’ll work with Lance on these other reports and get those…they’ve been able
to produce them in the past.
Councilman McDonald: Okay thank you.
Mayor Ryan: Thank you. Thank you Lieutenant.
Lt. Lance Pearce: You bet.
CONSENT AGENDA: 3617 RED CEDAR POINT: CONSIDER REQUEST FOR
VARIANCES FOR LOT COVER, LAKE SETBACK, AND FRONT YARD SETBACK.
Mayor Ryan: Next we’ll go to old business and that is moved from the consent agenda to this. It
will be 3617 Red Cedar Point, consider request for variances for lot cover, lake setback and front
yard setback. Councilman McDonald you had asked to pull this off.
Councilman McDonald: Thank you Mayor. Last week when this was presented to us there was
a lot of stuff going on about we’re going to cut here. We’re going to move there and we tended
to in some respects I thought begin to lose sight of okay what’s the problem. Well the problem is
being able to park cars in a driveway and I never got an answer at that point because of all the
shifting of numbers and what we were looking at. Okay where do we stand in regard to that?
The biggest complaints that I’ve read from the residents is again they don’t want us setting a
precedence where we create something that allows someone to do parking in the street, in the
driveways and really just kind of make a bad problem even worst. I’ve been on the council now
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12 years and Red Cedar Point has always been a problem. It has nothing to do the residents. It’s
just the layout and the topography of that area. I’m not sure anybody ever envisioned big houses
being built there so I think that’s what you’ve got to live with. But in the meantime we can’t just
go in there and make bad problems even worst so I would like to see tonight, walk me through
how we solved these problems. What are the numbers, especially within the driveway and the
question I’ve got is, okay can I park 3 cars in the driveway. And you know again not parallel to
the street. Perpendicular to the road. That’s how most people park so that’s what I’m looking
for is answers to that question and we didn’t even begin to touch the surface of that the last time
so that’s my concern and that’s what I’m looking for.
Mayor Ryan: I’ll turn it, thank you Councilman McDonald. I think based on what you know
what was discussed last, 2 weeks ago the driveway was the concern. The driveway, what was
happening with the garages I think was a point but as Councilman McDonald said if you guys
could just walk us through this and let us know what changes were most recently made that
would be helpful.
MacKenzie Walters: It should be up in a second. There we are. So this is what the applicant
provided at council direction. Council’s concern had been the length of the stalls and whether or
not they could accommodate the perpendicular parking of vehicles so the applicant had proposed
and provided a revision showing a 3 foot recess of the third garage stall. So that would get a 17
½ to 17.8 foot stall there that would be 16 1/1 feet wide at it’s narrowest. That would
accommodate the off street parking of one car perpendicularly.
Councilman McDonald: Excuse me. I’m just kind of a simple person from you know the
country and everything. Don’t talk to me about length of something. Are we talking about a
Suburban? We talking about a Malibu? We talking about a Toyota Corolla? You know in those
terms then I can kind of understand.
MacKenzie Walters: Your average mid sized sedan is going to be about 16 feet.
Councilman McDonald: Okay thank you.
MacKenzie Walters: Again there’s a, you know. So yep.
Todd Gerhardt: Mayor and council. Typical parking spot is 9 by 18. The one that’s in Target is
9 feet wide, 18 feet long are the lengths.
Councilman McDonald: Okay.
Kate Aanenson: So this is what we, you directed the staff to, or the applicant to do. So that’s
what represented. They redrew that and that’s what was represented tonight.
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Mayor Ryan: So just to clarify because I know that we requested this but I think just for
clarification reasons what had happened was the Planning Commission had approved that green
line and then when the applicant came up and builder came up and we started, they started
playing around kind of with the numbers that’s when Councilman McDonald said I’m not sure
what these numbers are. I would like it written down to, so we could evaluate what changes
were going to be made so I just want to make sure that we’re clear on what the request was. Not
that this is what council was recommending rather that this is what we just wanted to have it, you
know in a formal manner of what they were requesting. Correct? Okay.
MacKenzie Walters: Okay.
Kate Aanenson: The green line is the Planning Commission’s recommendation correct.
Mayor Ryan: And the blue line is the applicant’s requested setback initially?
MacKenzie Walters: That is what the applicant requested when they appealed the variance and it
is also the same as was initially requested of the Planning Commission.
Mayor Ryan: And then at the Planning Commission meeting they weren’t comfortable with that
line. Rather asked for a 3 foot setback all the way across for the entirety of the garage and not
where the green line is.
MacKenzie Walters: Correct.
Mayor Ryan: Okay. And I know there’s been some back and forth on, well I’ll pause. Council
any other, Councilman McDonald do you have any further questions on the driveway at this
point?
Councilman McDonald: Well I guess what I’m looking for and what you’re kind of telling me is
that, that’s not really going to accommodate an average vehicle then when you get to the, well
the left hand side looking at the house. My right hand side because if that’s, if I’m reading this
right that’s only 11 ½ feet, is that right? Am I reading that dimension right?
MacKenzie Walters: Correct. An average sized vehicle would only be able to perpendicularly
park in front of the recessed third stall here. Not in this section.
Councilman McDonald: Okay and I know that we cannot put an ordinance in place that says
okay your car can’t overhang into the street because that’s just not practical so the only shot we
have at all this is to try to get it so that people would not create that kind of a problem to begin
with. I guess I’m having problems with the driveway you know. Had a problem last week.
Thought maybe we solved it. I’ve got a problem now. It’s great that we recessed that one part
but we really didn’t solve the problem. Tell me if I’m wrong.
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Councilman Campion: One question. There is a comparison…
MacKenzie Walters: Yeah staff calculated it at an average of 4 ½ spots per property for the
surrounding parcels. Garage and driveway included.
Councilman Campion: And this property.
MacKenzie Walters: Would have 4 spots if we’re only counting the perpendicular spot with the
3 car garage and then the one spot in front of the recessed stall.
Councilman Campion: That would be a total of 4? Okay.
Mayor Ryan: And if the 2 stall garage was recessed at 3 feet does that, and you pushed the third
stall back forward so the short part of the garage is the third stall and the double garage has the 3
foot setback then do you get, are you able to set the 2?
MacKenzie Walters: Yeah so staff in response to some of the emails received from the
neighbors created a quick diagram to help visualize what that would do. If the 2 car garage is
recessed back you would get approximately 18 ½ foot stall down here because in order to make
the 16 ½ foot minimum you would push this down 4 feet and so you would create about an 18-19
foot wide section of driveway. 16 ½ foot deep at it’s lowest. That would then move out to 18 ½
at it’s widest and that would accommodate 2 average sized cars parked perpendicular in front of
the garage.
Mayor Ryan: But the concern there was the loss of garage space or house space? Or depends.
MacKenzie Walters: It would depend on how the applicant chose to configure their space.
Councilman McDonald: Okay and as I recall we talked about that a little bit and that’s what the
third stall was going to take care of was a boat which seemed to be the big thing that they were
concerned about so the other two should be a regular vehicle because I didn’t hear about
anything special that needed to go into the two car half of that. Is the applicant here tonight?
Colleen Schultz: Can I ask something to council?
Councilman McDonald: Sure.
Colleen Schultz: Hi. My name is Colleen Schultz. I actually live in Eden Prairie. Not
Chanhassen but I live really close. I’m right by Dell and 101. I’ve been a resident of Eden
Prairie since 1994 and I’ve been a licensed real estate agent since 2004. Pam has been a friend
of mine for about 24 years. The reason that I’m here tonight is just to kind of go over, when Pa
bought this property there was a variance that had been approved and that variance was very
different than what we’re looking at tonight. See the variance that was in place a year ago
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actually until February of this year, that variance approved, it was approved with less parking
and with a lot more hard cover. Since that variance lapsed, Pam missed it by 30 days partly
because her dad had a heart attack and that just makes life complicated and so she was 30 days
out from being able to use that variance. But the things that she’s done to not only do what the
staff asked her to do but to go beyond that, the staff had asked her to have at least a 9 foot wide
part of the driveway be at least 16 ½ foot deep and she has created with her last revision 10 foot
wide that’s over 17 ½, 17.8 feet deep. She took the hard cover which is really important by the
lakeshore, she took the hard cover from 36 percent all the way down to 26.35 percent and in
doing that she’s created a better environment. Pam has also agreed to do the vegetation buffer
which is new for the area. It will help a lot of the problems that you guys were listening to
before about lakeshore erosion. She’s able to start that trend right on the lake. In doing all of
that it makes it a little bit harder to keep squishing the house so if she keeps squishing the house
in she can’t really go closer to the lake. You can’t go both ways. So what she is asking for is for
a variance. I know that more than 22 variances have been approved and this one is less variable,
or it’s less outside of what is actually asked for without a variance than many of the other
variances that were approved. It is a tight spot for parking. It is. That street always will be but
instead of trying to, instead of trying to make this just for Pam she’s actually with her, all of the
parking that’s inside the garage and the parking that’s outside, you can park between 4 and 5 cars
which is common for that neighborhood. It’s not a great place for extra parking and that makes
it difficult not only for anybody on that street but for the neighbors on other streets around and I
understand that all of the other streets around are also interested in the parking like throughout
the neighborhood. It makes a difference. But what I see is somebody who has tried to make
things work. What I see is somebody who has taken a variance that was approved and she’s
reduced it. She’s reduced everything that was approved before and it probably seems a little bit
frustrating and I apologize. It seems frustrating that the numbers have moved so many times but
I believe that that was her builder and Pam trying really hard to make something work in a
neighborhood where things have to be a variance in order to be built. This house is not out of
line with the other homes that have been built there. It’s not bigger than the other homes that
have been built there. It’s smaller so thank you very much for listening. I appreciate your time.
Thank you.
Mayor Ryan: You know I think, and we appreciate the, you know some of the work that the
applicant has done. I think the issue still remains and what is the decision that council has to
make is, I think it’s facing, is addressing the concern over the driveway and whether it’s the
recessed 2 car garage or the recessed 3 car garage in terms of what that allows for driveway
space because I think the long term concern is the overhang into the street on a very narrow
street. And so with all the other changes that were made as part of the entire application I know
is appreciated. The single concern that I’m struggling with is the size of the driveway and
parking of cars.
Pam Reimer’s comments from the audience were not picked up on the microphone.
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Mayor Ryan: I’m going to ask you not to make comments from there please, thank you. Would
you like to address, I mean I know historically we’ve never moved a structure closer to the
water. And I was under the impression from the last meeting that the challenge with moving it
closer was then the redrawing of homes and footings, etcetera. I thought that was a concern on
why we initially didn’t, and why the Planning Commission moved the line back instead of
moving the entire house towards the lake.
MacKenzie Walters: Yeah city policy has typically been when dealing with the lakeshore
setback to look at the existing non-conformity and establish that in the variance but not to allow
the structures to move closer. It was staff’s understanding that one of the reasons for retaining
the house footprint in question was the engineered piling system that had already been planned
out.
Mayor Ryan: And that was why it ended up being what the Planning Commission recommended
versus a recommendation towards the lake.
MacKenzie Walters: Correct.
Kate Aanenson: It was also, I just want to add too then there was also the additional requirement
for the buffering so that’s required with the variance that you, to mitigate that you would do
additional landscape and the Water Resources Coordinator put that recommendation together.
Mayor Ryan: Okay. So now I’m even more confused because I thought the applicant did not
want to move it closer to the lake and was that supported by.
Kate Aanenson: I think we’re into negotiation now with what can I do to keep the building
footprint. The length. That’s what I’m hearing.
Mayor Ryan: Go ahead Councilwoman Tjornhom.
Councilwoman Tjornhom: Councilman McDonald confessed tonight that he’s just a simple
country boy I think he said. I’m not a country boy but I’m going to keep it simple too because
there’s too many lines and too many numbers and too many meetings and I just really want to
know what’s it going to take to get this done. I mean what do they need to do, what are the
magic numbers we need to see to just stamp this and be done. You know without going back and
have another meeting and negotiating and coming back with a new drawing and having to
explain everything again. I just want to know what we’re looking for.
Kate Aanenson: Sure.
Mayor Ryan: We’re not going to take any more comments please, yeah.
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Kate Aanenson: Yeah so the Planning Commission came forward with the green line. So if we
go back to the green line that was the Planning Commission recommendation so both parties
appealed that. So herein lies the negotiation part.
Mayor Ryan: Right.
Kate Aanenson: If you look at where that green line falls that was the original recommendation
that appeared to be in consensus at the Planning Commission meeting. Afterwards everybody
had some other thoughts so that’s where we ended up in this back and forth.
Councilwoman Tjornhom: And so can I?
Mayor Ryan: Yeah please. I’m sorry.
Councilwoman Tjornhom: I’m just trying to understand this. So when you say that the Planning
Commission approved this and then after the Planning Commission meeting, I don’t know who it
was went home and decided they didn’t like what had just happened so they appealed the
decision.
MacKenzie Walters: There were two appeals. The neighbors felt the Planning Commission was
too generous. The applicant felt the Planning Commission had shorten the house too much.
Councilwoman Tjornhom: Okay. Alright so at the next meeting this came back. Nothing had
changed from the Planning Commission meeting correct?
MacKenzie Walters: Correct.
Councilwoman Tjornhom: At that meeting then it was proposed by the builder that the garage
stall was shorten in order to give length to the driveway.
MacKenzie Walters: Right. While retaining the initially requested blue line here.
Councilwoman Tjornhom: Okay. So here we are tonight, what do we need to do to complete
this and make it satisfactory for city code, the applicant and us?
Kate Aanenson: Okay again I’ll go back to the green line was what was recommended by the
Planning Commission so at the City Council meeting both sides were representing, one wanted
in the spirit of compromise to say I’ll move back to the green line but only on a portion of it. But
you’re still not in concurrence with the neighbors and the homeowner still would like the
additional parking so.
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Mayor Ryan: Have we ever approved any structure moving closer to the water? Has there been
a variance granted because I don’t want to set that precedent of starting to moving structures
especially know that future development in this area.
MacKenzie Walters: I’m afraid I haven’t, yeah I don’t have info to answer that question. I’ve
always been informed our policy has been we do not allow stuff to move closer to the lake.
Councilwoman Tjornhom: One more simple question, so what is, what does the ordinance say?
If we’re going to not listen to the neighbors. If we’re going to just look at the facts what does the
ordinance say we can approve?
Kate Aanenson: Well they’re asking for relief from the ordinance so you have discretion. What
we deviated from is, from what the Planning Commission recommended both parties were trying
to negotiate that. So again we went by the basis of as MacKenzie said the basis of the original
variance which had lapsed so there was some feeling that we were within close proximity to that
original one based on a lot of engineering what had been done that that would be acceptable and
that’s how the green line got put in place. Which is probably closer to the shorter garages all the
way across. So can that be picked up in the garage or the house, that’s the issue and what we’re
hearing the applicant say is they don’t want to have to give up that space.
Todd Gerhardt: So Mayor, council members I think the question before you is do you feel as
though the driveway should have somewhere between 17 to 18 feet of width outside of the
garage.
Councilman McDonald: You mean depth. Not width. You mean depth.
Todd Gerhardt: Depth. And then you go to the red line, blue line, green line and I’m having a
tough time MacKenzie, I don’t know how deep your black line is into the garage.
MacKenzie Walters: So the black line into the garage is, it’s 4 feet here which is what you
would need for the wider garage and it would be 18 ½ feet here from the black line to the curb
and 16 ½ feet on this leg from the black line to the curb.
Todd Gerhardt: Okay so what this does is get you two parking stalls out on the driveway and 3
parking stalls for smaller vehicles inside the garage unless the applicant moves the living quarter
wall in the garage towards the lake inside the house and makes the garage bigger but the living
area smaller. So that’s what this option gives you.
Mayor Ryan: Recessed two car.
Todd Gerhardt: Okay so you’re getting 4-5 cars. Two outside, three inside. Okay go back to the
other one. This one gets you 3 garage stalls inside and one stall on the outside with the bumper
Chanhassen City Council – June 24, 2019
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right on the curb. They’d better be hugging this property line or driveway line because a typical
driveway as I said is 9 by 18 and that’s 17.8 is pretty close to 18 so.
Mayor Ryan: So to reiterate for simplicity what I am hearing the three options tonight. I still
hear three. In terms of driveway is either the recessed third stall which is showing right now,
The recessed two stall which is the next slide or bumping the entire structure 3 feet towards the
lake unless we would…and then you return to the original what the Planning Commission
approved but was appealed twice. So you heard the applicant say then just move the structure
back. That would be a precedent for the City, that’s something we consider or the one recessed
or two recessed.
Todd Gerhardt: They’re already given a variance to the closest to the shore?
MacKenzie Walters: Yes we are.
Todd Gerhardt: So just a larger variance closer to the shore if we move 3 feet.
Mayor Ryan: So instead of the 21.1 foot lakeshore setback you would have to lessen that?
MacKenzie Walters: Yeah it would then be 25.1 foot lakeshore setback.
Mayor Ryan: Wouldn’t you go?
MacKenzie Walters: Variance. Setback variance, apologies. I misspoke.
Mayor Ryan: So you would add to it, okay.
MacKenzie Walters: Yeah.
Mayor Ryan: So council if we look at the motion that’s before us in terms of this it, the options
are either the, and correct me if I’m wrong Mr. Walters. If we pushed it back we would change
21.1 foot lakeshore setback to 25.1 foot. If we’re going with what is on our screen right now, the
recessed third stall the motion stays as is. If we go to the recessed two stall you read the motion
as is but you would then change the, the Findings of Fact I think instead of a 19.
MacKenzie Walters: Sorry if I may. You would just amend condition 16 to instead of being 9
foot wide with a minimum depth it’d be 17.
Mayor Ryan: 17.
MacKenzie Walters: And that would create the recessed two car.
Mayor Ryan: Right.
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Todd Gerhardt: So if you want to know what your options are those are your three options.
Mayor R yan: And it’s really just at the discretion of the council deciding what is preferred with
the driveway. I mean that’s ultimately what we’re looking at is do you want, you know with the
one recessed car garage. You have one car that can pull straight in and the other one
perpendicular to the house. The recessed two car garage. Two cars could pull forward into the
driveway without hanging over and then obviously if you move the entire structure back the
entire driveway expands by 3 feet. Any further thoughts council or action? Or comments first,
Councilman McDonald.
Councilman McDonald: Well if I could Mayor. You know I’m not going to make the decision
as to what to do but you know as I said in the beginning parking is a problem. What you had
said up there about well yeah the lake and we’re squeezed between that. You’re also squeezed
between the road so it’s no matter what you do in order to make this fit within that particular lot
something’s going to have to give because I really feel strongly you’ve got to meet the driveway
parking or else we’re creating a problem that down the road we’re going to hear about because
we always do and it will be nothing that we can do about it at that point. That’s the issue is how
do you park at this house you know in the driveway? Solve that and everything else kind of falls
into place. That’s how I see it.
Todd Gerhardt: Mayor, council. If that is your criteria then it, the answer is to move the house 3
feet closer to the shore because that gives you enough width for your driveway and the back and
you keep the garage at the size it is and livable space as it is.
Councilman McDonald: And as the mayor said what are we creating if we do that?
Mayor Ryan: May I interject with that question because I asked Mr. Walters earlier about
precedent and Mr. Walters if you want to express some of the challenges particularly with this
house because of the road. Middle of the road is where this property line starts and in other
houses that could potentially come before us that is not the case so if you could just explain that
Mr. Walters that would be helpful.
MacKenzie Walters: Yeah so one of the things that makes this parcel unique and uniquely
challenging is that Red Cedar Point Road goes about, between 6 I believe and 6 ½ feet into the
property’s front line. When you look at the other properties in the neighborhood there’s only I
believe these ones here which have a similar situation, one of which has already had a variance.
One’s on the other side of the street because the road is offset out of the right-of-way. It actually
kind of has the opposite effect of this. Where the road contracts this one and amplifies the
magnitude of the front yard variance. In this case the additional right-of-way provides the only
additional driveway length between those houses and the road. Was that the clarification?
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Mayor Ryan: Yes. So I think that protects us a little bit from the precedent in terms of moving
that house 3 feet closer to the lake if future projects come before us. And again I would say with
the comments from the crowd about moving the house, I know the initial concern was that from
an engineering perspective that would be too challenging. Maybe that isn’t the case anymore.
Okay.
Todd Gerhardt: Mayor, council, staff would agree with that. I mean if you looked at the one
drawing MacKenzie where the road is, it’s so far out of the right-of-way. You know we may not
be even having this discussion if the road was in the existing right-of-way.
MacKenzie Walters: Right.
Todd Gerhardt: So I think if you made an asterisk as a part of this variance and that moving the
house 3 feet closer to the lakeshore is based on the poor alignment of the roadway section.
Mayor Ryan: So then the change for the proposed motion would just be again to reiterate and
make it clear it would be a 25.1 foot lakeshore setback variance.
Kate Aanenson: We’re also increasing the hard cover so we’re going the math here if you can
just give us a few seconds.
Mayor Ryan: Okay sure.
MacKenzie Walters: It’d be a 10.4 percent lot coverage variance.
Mayor Ryan: Okay. So those are the two changes. Okay.
Councilman Campion: I’ll make a motion.
Mayor Ryan: Councilman Campion.
Councilman Campion: So my comments are just in consideration of the hardship with the, with
the road easement encroaching into their property I’ll propose that the Chanhassen City Council
approve an 8 ½ foot front yard setback, a 25.1 foot lakeshore setback and a 10.4 percent lot
coverage variance for the construction of a single family house subject to the conditions of
approval and adopts the attached Findings of Fact and Decision.
Todd Gerhardt: Modified Findings of Fact. Because we’re going to have to modify the Findings
of Fact.
Councilman Campion: And the modified Findings of Fact and Decision.
Todd Gerhardt: Because of the statements made tonight.
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MacKenzie Walters: Apologies, I think this requires a little bit more pencil whipping. Because
in order to guarantee the extended driveway length we would want to the 8.5 front yard setback
variance would need to change.
Mayor Ryan: Get it right, right? No pressure MacKenzie.
Todd Gerhardt: Should be 3 feet longer.
MacKenzie Walters: No that would, the 8.5 would give you the 21.5 foot, that’s what the
Planning Commission had approved when they wanted the 3 foot longer driveway so the survey
as shown with the recessed third was with an 11 ½ foot yard setback so 11 1/2 foot from the 30
would be 18.5. If we take the 8.5 from the 30 then it would be a 21.5 foot actual distance from
the lot line to the house.
Mayor Ryan: So if you go back to the motion Mr. Walters if we could just clarify some of those
numbers so we make sure that is correct please.
MacKenzie Walters: Yep. So because we’re doing the variance, because of the way I wrote it
the variance is from the setback standard. So we have a 30 foot front yard setback. So the way
the motion was written with the 8 ½ foot front yard setback that would be 21.5 foot distance
from the north lot line to the corner of the house, which is what we want. The applicant’s
original proposal had been for 11 ½ foot front yard setback.
Roger Knutson: Just to make it clear, your proposed motion in front of us, could you read that
proposed motion with your changes.
Todd Gerhardt: With the new numbers.
MacKenzie Walters: I will type them in if I may.
Todd Gerhardt: Yep. There you go.
MacKenzie Walters: I would also request that the council ask us to amend the conditions of
approval to reflect the discussion because we’ve spelled out the maximum hard cover in the
conditions of approval and the Findings of Fact will all need to be modified to reconcile with
this.
Councilman McDonald: Well if I could I was going to bring up one of my points. I would like
you to put in there why we’re doing this because of the road and the fact that it impinges and
that’s why we’re moving the house closer to the lake.
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MacKenzie Walters: Staff will add that to the Findings of Fact and Decision and that would be
then the basis for the decision if I’m correct City Attorney Knutson.
Roger Knutson: That’s correct.
Mayor Ryan: And so it needs to read the modified Findings of Fact?
Todd Gerhardt: Yep.
Mayor Ryan: Okay.
Todd Gerhardt: And that the decision for this variance is due to the fact that the road was put
outside of the right-of-way.
Roger Knutson: And that we put in the findings. Just change the word attached to.
Councilman Campion: Shall I start over?
Todd Gerhardt: He’s going to change modified Findings of Fact.
Councilman Campion: Shall I start again?
Todd Gerhardt: Yep.
Councilman Campion: Okay I’d like to make a motion, I’d like to propose that the Chanhassen
City Council approves an 8 ½ foot front yard setback variance, a 25.1 foot lakeshore setback
variance, and a 10.4 percent lot coverage variance for the construction of a single family house
subject to the revised conditions of approval and adopts the modified Findings of Fact and
Decision.
Mayor Ryan: We have a valid motion. Is there a second?
Councilwoman Coleman: Second.
Councilman Campion moved, Councilwoman Coleman seconded that the Chanhassen City
Council approves an 8 ½ foot front yard setback variance, a 25.1 foot lakeshore setback
variance and a 10.4 percent lot coverage variance for the construction of a single family
house subject to the revised conditions of approval and adopts the modified Findings of
Fact and Decisions:
1. The applicant must apply for and receive a building permit.
2. Driveway slope shall not exceed 10 percent.
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3. A title search for the property should be conducted to ensure any/all existing
easements are documented.
4. The applicant must enter into a roadway easement over the existing portion of the lot
covered by street pavement and curb.
5. A new 1” = 20’ scale survey should be provided as part of the building permit
application clearly showing the proposed setbacks and lot coverage for the proposed
house and structures. This survey should also correctly note the 100-year FEMA
floodplain and should show the lowest floor not less than three feet above the regional
flood elevation.
6. At least one tree must be planted in the front yard, if one is not present after
construction.
7. The applicant must revise the silt fence placement to exclude the 28” oak tree from
the grading and construction limits and locate tree protection fencing around it.
8. Tree protection fencing must be properly installed at the edge of the grading limits
across the entire south side of the lot encompassing all existing trees. This must be
done prior to any construction activities and remain installed until all construction is
completed. Any trees lost to construction activities shall be replaced.
9. No equipment may be stored within the tree protection area.
10. Appropriate tree protection measures must be taken to protect the rear yard ash from
EAB.
11. The 228 square foot rear patio area is understood to be the property’s water oriented
structure.
12. Lot coverage may not exceed 3,170 square feet.
13. A permanent 20’ native vegetated buffer must be installed along the shoreline using
native species with permanent buffer monuments. The buffer may work around the
path and stairs. The buffer must be designed and installed by an experienced
professional in native shoreline restoration. Design plan must be approved by the
Water Resources Coordinator.
14. Develop and implement a shoreline restoration plan that is designed and installed by
an experienced professional in native shoreline restoration that will improve
ecosystem health. The plan may incorporate use of the existing riprap. The design
plan may require additional approvals and must be approved by the Water Resources
Coordinator.
15. The property owner must reduce hard cover associated with the driveway and patio
through the use of pervious paver systems reviewed and approved by the Water
Resources Coordinator.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Ryan: That motion carries 5-0.
MacKenzie Walters: Thank you.
Mayor Ryan: Thank you.