2019 09 03-pc-sumCHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
SEPTEMBER 3, 2019
Chairman Weick called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Steve Weick, Mark Randall, John Tietz, Michael McGonagill, and
Laura Skistad
MEMBERS ABSENT: Mark Undestad and Doug Reeder
STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; and George Bender, Assistant City Engineer
PUBLIC PRESENT:
Dan Zwiers Elko
Michael Baier Box 340, Chanhassen
Larry & Susan Nowlin 3713 South Cedar Drive
PUBLIC HEARING:
CONSIDER A REQUEST FOR SITE PLAN REVIEW WITH A VARIANCE FOR HARD
COVER FOR EXPANSION OF A RESTAURANT LOCATED AT 590 WEST 79TH
STREET.
Bob Generous presented the staff report on this item. Commissioner Tietz asked for clarification
on the impervious surface and cross access parking agreements. Commissioner McGonagill
asked for clarification on the pedestrian crossing to and from the city parking lot across the
street. The applicant Blaine Eggen discussed his other restaurants similar to the one being
proposed. Chairman Weick opened the public hearing. No one spoke and the public hearing
was closed. After comments from commission members the following motion was made.
Tietz moved, McGonagill seconded that the Planning Commission recommends the City
Council approve Site Plan #2019-08 to permit the construction of two exterior patios with a
variance to permit an additional 946 square feet of hardcover for a total of 73 percent
hardcover, plans prepared by CNH Architects dated 8/22/19, and Westwood dated 8/20/19,
subject to the following conditions and adopts the Findings of Fact and Recommendation:
Building
1. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
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2. Building plans must include a code analysis that contains the following information: Key
plan, Occupancy group, Type of construction, Allowable height and area, Fire sprinklers,
Separated or non-separated, Fire resistive elements (Ext. walls, Bearing walls - exterior
or interior, Shaft, Incidental use), Occupant load, Exits required (Common path, Travel
distance), Minimum plumbing fixture count.
3. Detailed occupancy related requirements will be addressed when complete building plans
are submitted.
Engineering
1. All newly proposed pedestrian access routes shall be ADA compliant.
2. An Encroachment Agreement Application shall be filed for any structures places in
public drainage and utility easements.
3. Grading plans shall be updated to include erosion control Best Management Practices
upon submittal of building permits.
4. Site plan shall be updated upon submittal of building permits to include:
a. Legend
b. Engineering scale
c. Vicinity map
d. Existing utilities (and services)
e. Detail plates
f. Call 811 notes
Fire
1. Remodel of interior will require separate fire sprinkler, fire alarm, and kitchen hood
suppression system permits.
2. Sprinklers will possibly be required under exterior covered patio ceiling.
Planning
1. The applicant shall enter into a Site Plan Agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
2. The applicant shall install an additional over-story tree to the southeast of the south deck.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING:
CONSIDER A REQUEST FOR AN INTERIM USE PERMIT FOR MINING
OPERATION AT 100 & 200 FLYING CLOUD DRIVE (MOON VALLEY GRAVEL
PIT).
Bob Generous presented the staff report on this item. Commissioners McGonagill and Tietz
asked for clarification on the best management practices being used with this site. Michael Baier
with Terry Brothers and Dan Zwiers, the land owner of the property, discussed erosion control
and the timeline associated with the Interim Use Permit. Chairman Weick opened the public
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hearing. Dan Glode who lives on Lakota Avenue asked about the status of the closed trail near
his property. Chairman Weick closed the public hearing.
Randall moved, Skistad seconded that the Planning Commission recommends that the City
Council approve the Interim Use Permit, Planning Case #2019-09, to permit grading,
excavation and slope restoration as proposed on the plans prepared by Sathre-Bergquist,
Inc., dated July 26, 2019, subject to the Conditions of Approval and adopts the Findings of
Fact and Decision:
Engineering
1. The interim use permit shall be approved for a period of five (5) years from the date of City
Council approval. The applicant will need to request a formal extension 60 days prior to the
expiration date of the interim use permit.
2. Permits from the appropriate regulatory agency must be obtained; including but not limited to
the Minnesota Pollution Control Agency, Lower Minnesota River Watershed District and
Carver County.
3. The applicant must submit a phasing plan. The phasing plan shall address the spent lime
stockpile and equipment removal. This information shall be submitted annually a minimum of
30 days before the anniversary of City Council approval.
4. An administration fee shall be collected each year and shall be based on the number of cubic
yards of material being graded as identified in the phasing plan. The fees are taken from the
Uniform Building Code Appendix, Chapter 33.
5. The applicant must submit a summary of the quantity of material that has been removed from
the site and the quantity of remaining material. This information shall be submitted annually a
minimum of 30 days before the anniversary of City Council approval.
6. The applicant shall provide updated stormwater and drainage calculations that meet the
requirements set forth in Chapter 19 Article VII of City Code.
7. The applicant shall clean out the existing Pond 2 and the temporary sediment basin based on the
stormwater and drainage calculations and design of Pond 2 and the sediment basin.
8. The applicant must provide the city with a cash escrow or letter of credit in the amount of 110%
of the construction costs for the appropriate phase of the grading operations to guarantee erosion
control measures, site restoration, and compliance with the interim use permit. The amount of
the security shall be established annually and shall be submitted by the anniversary date of City
Council approval.
9. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00
a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays.
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10. Grading on the east side of the creek must cease at or above the 756-foot contour and all
disturbed soils must be permanently stabilized and restored in accordance with the Restoration
Plan as specified in the Grading, Drainage, and Erosion Control Plan dated July 26, 2019.
11. If any excess material is hauled to another site in Chanhassen, a separate grading permit will be
required for the other property.
12. The new CSAH 61 will be rated for a 10-ton per axle road. All oversize/overweight loads
leaving the mining operation to the east must apply for Hennepin County Transportation
OS/OW trip permits.
13. Machine-sliced or Hand-installed woven geotextile silt fence must be installed and maintained
at the northwest corner of project, and in all areas specified in the Grading, Drainage, and
Erosion Control Plan. Machine-sliced or Hand-installed woven geotextile silt fence must be
reinforced using sediment logs, wire-backing, or other effective Best Management Practice and
meet the specifications of MnDOT Standard Specifications for Construction (Section 3886).
14. Exposed, unworked soils must continue to be stabilized with temporary or permanent
stabilization BMPs in accordance with the construction sequencing as stated in the Grading,
Drainage, and Erosion Control Plan.
15. Exposed, unworked erodible soils with positive slopes must continue to be stabilized using
erosion control blanket or alternate effective BMPs according to the Grading, Drainage, and
Erosion Control Plan.
16. All other sediment and erosion control measures must be in place and maintained according to
the Grading, Drainage and Erosion Control Plan dated July 26, 2019, and phasing plan to be
submitted by the applicant.
17. A driveway access to 230 and 240 Erie Avenue must be maintained at all times during
construction.
18. Grading west of the unnamed creek shall not commence until the grading on the existing mining
operation and site restoration has been completed east of the creek.
19. The applicant must comply with all Carver County requirements and coordinate the mining
activities with Carver County.
Environmental Resources
1. Tree preservation fencing must be installed at the edge of grading limits.
2. No tree removal is allowed beyond the 756-foot contour on the east side of the creek.
3. MN State Seed Mix 35-621 shall be used for the seeding.
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4. All restored slopes shall be planted with trees. The trees shall be bare-root, native species, one-
half to one-inch in diameter, five- to ten-foot spacing in a random pattern from the top to the toe
of the slope. The approximate number of trees needed is 20,000 (7’ x 7’ spacing). A minimum
of 75% survival rate for plantings must be achieved. Tree tubes are required for plantings.
Spacing (feet) Trees per acre
5 x 5 1,742
6 x 6 1,210
7 x 7 889
8 x 8 681
10 x 10 436
Miscellaneous
1. Permit holder must use and maintain accepted Best Management Practices for erosion
control, including but not limited to construction entrances to limit tracking or scaring of
the new road surface.
2. The new CSAH 61 will be rated for a 10-ton per axle road. All oversize/overweight
loads leaving the mining operation to the east must apply for Hennepin County
Transportation OS/OW trip permits.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING:
CONSIDER A REQUEST FOR A FRONT YARD SETBACK AND LOT COVER
VARIANCE TO CONSTRUCT AN ATTACHED GARAGE ON PROPERTY LOCATED
AT 3713 SOUTH CEDAR DRIVE.
Kate Aanenson presented the staff report on this item. The applicants, Susan and Larry Nowlin
explained plans to remodel their house and add an attached garage. Chairman Weick opened the
public hearing. No one spoke and the public hearing was closed.
Tietz moved, Randall seconded that the Chanhassen Board of Appeals and Adjustments
approve the 5-foot front yard setback variance and 1.83 percent lot cover variance, subject
to the Conditions of Approval and adopts the attached Findings of Facts and Decision:
1. The applicant must apply for and receive a building permit.
2. The applicant must apply for and receive all necessary permits from the Watershed
District.
3. The applicant shall submit a removal plan for the driveway abutting South Cedar
Drive right-of-way upon submittal of building permits. The applicant shall also
provide an erosion control plan with the grading plans upon submittal of building
permits (adhere to city detail #5302B).
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4. The applicant shall include all trees 6” dbh and larger within the construction limits
on the building permit survey and note tree(s) to be removed. All preserved trees
must be protected during construction.
5. One tree will be required to be planted in the front yard if no tree is present at the end
of construction.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING:
CONSIDER A REQUEST FOR A VARIANCE TO REPLACE AND EXPAND AN
EXISTING GARAGE ON PROPERTY LOCATED AT 6641 MINNEWASHTA
PARKWAY.
Kate Aanenson presented the staff report on this item. Commissioner McGonagill asked about
the standard for a two car garage and runoff from the roof. Commissioner Randall asked about
snow storage. The applicant Jim Way discussed the need for expansion of the existing garage.
Chairman Weick opened the public hearing. No one spoke and the public hearing was closed.
Randall moved, Skistad seconded that the Chanhassen Board of Appeals and Adjustments
approve a 6-foot side yard setback variance and 3 percent lot cover variance, subject to the
following Conditions of Approval and adopt the attached Findings of Facts and Decision:
1. The applicant must apply for and receive a building permit.
2. Eaves that are between 2 feet from the property line and less than 5 feet from the
property line require a 1-hour fire-resistance-rating on the underside of the projection.
3. The applicant must apply for and receive all necessary permits from the Watershed
District.
4. Submit a grading plan that illustrates existing and proposed grades (if any), include
drainage arrows that show the direction of stormwater runoff, and include an erosion
control plan.
5. Abandon one of the two driveway accesses off of Minnewashta Parkway serving the
property and submit removal plans that are in accordance with City Standards.
6. Edge of the garage foundation must be 5 from the south lot line, eaves may project an
additional 1 foot.
7. Garage gutter downspouts may not be oriented to the south.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
APPROVAL OF MINUTES: Commissioner Skistad noted the verbatim and summary Minutes
of the Planning Commission meeting dated August 20, 2019 as presented.
COMMISSION PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS. CITY COUNCIL ACTION UPDATE. Kate
Aanenson provided an update on action taken by the City Council at their last council meeting.
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Randall moved, McGonagill seconded to adjourn the meeting. All voted in favor and the
motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was
adjourned at 8:35 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim