PC Minutes 9-3-19Chanhassen Planning Commission – September 3, 2019
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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).
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.
Weick: This item passes 5 to 0.
Larry Nowlin: Thank you.
Susan Nowlin: Thank you very much.
Weick: You bet. Thank you for coming tonight. And we have one more item on the agenda.
PUBLIC HEARING:
CONSIDER A REQUEST FOR A VARIANCE TO REPLACE AND EXPAND AN
EXISTING GARAGE ON PROPERTY LOCATED AT 6641 MINNEWASHTA
PARKWAY.
Weick: Kate is this you as well?
Aanenson: Yes it is.
Weick: Okay.
Aanenson: This is on Minnewashta Parkway as you stated and the applicant is James and Jean
Way. This is for a 6 foot side yard setback with a 3 percent lot cover variance to expand an
attached garage. Again this is in the shoreland district. Same standards as the previous
application. 20,000 square foot minimum where you have a riparian lot. 30 feet in the front. 30
in the rear. 75 foot lake setback. 10 on the side and 25 percent lot coverage. So the subject site
here is 15,950 square feet so it’s deficient in the square footage required under the 20,000. It has
almost 30 percent lot coverage. It’s non-conforming on the one side when it’s only 9.8 feet on
the south side setback and it’s non-conforming on the lakeshore setback by, at only 52.3 feet.
The 6 foot lake variance for additional setback of the deck and then the house and rear deck
comply with all other setbacks. So the proposed project is to expand the existing driveway.
Excuse me, the existing garage by approximately 5 feet. I’m just going to hit my laser pointer
here. And 5 feet in width and 5 feet in depth. Have you noticed in some of the older areas we’ve
seen a lot of the garage where we have bigger cars, taller cars and we had one recently up in this
area where they couldn’t get the pickup truck in where it’s a lower profile so meeting today’s
standards so at 18 feet wide the existing garage is too narrow. Pretty similar to the other case
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that you just saw to get 2 cars in and not be able to get out. If you look at our standard parking
stalls those are 18 feet wide so when you’re pulling them into the garage it makes them pretty
tight. Many of the surrounding properties had 2 or 3 car garages in that area so it would remove,
so the goal of this as we work with the applicants is really to figure out a way to, if we’re going
to give the variance what can we do to improve the situation so this has a horseshoe driveway.
When you’re on a collector street the engineering staff prefers to have the one control. Actually
a controlled access point with the street but if there are direct access that that be minimized so
with this application part of the driveway then will be eliminated. As you can see the driveway
comes like this so a portion of that driveway will be eliminated so we’ll be removing again the
second driveway and the existing garage is in disrepair and must be replaced so this, the
configuration of the existing home makes it feasible to expand the garage and work it onto the
site without the variance. So the existing 19 foot garage is well below the minimum so this is
our assessment and there’s no practical way to expand without the variance and again due to the
constraints of the lot they can’t add a shed or anything down below and to provide the access so
the neighbor’s garage is a side loaded as you can see over on this side is a side loaded garage and
it’s 27.8 feet from the applicant’s lot line so the expansion area while this is where the variance
would be coming in, there’s still quite a bit of separation between the neighbor’s garage and the
applicant’s garage. So looking at that we felt it wouldn’t negatively impact that and then you can
see again that they would remove the, a portion of that driveway allowing them to back up and
not have to back out onto Minnewashta Parkway, a minor collector. So again the proposal
reduces the non-conforming lot coverage but it creates another variance and that would be to
expand on the side variance. So with that the staff is recommending approval. Again staff
member MacKenzie Walters spent a lot of time with the applicant trying to get the best design
and reduce the non-conformities as best the applicant could and we can do working with the, so
we are recommending approval of the 6 foot side yard variance and a 3 percent lot coverage
variance for the expansion of the attached garage subject to the conditions of approval and
adopts the attached Findings of Fact and Decision. So with that I’d be happy to answer any
questions.
Weick: Thank you Kate. I’d certainly open it up. Anyone can speak up.
Skistad: It’s pretty straight forward.
McGonagill: Always got a question.
Weick: Let’s do it.
McGonagill: So Kate on stuff, again it’s education on my part. Do we have a standard width
garages that we want to try and go people to like two cars?
Aanenson: Yes two car garage is standard.
McGonagill: The reason I ask that, okay but 2 cars how wide because we just had one that we
talked at that was 21. This one’s going to be 24 and so I’m kind of like going.
Aanenson: I would say 21 is pretty narrow. You know a standard garage is really closer to 24.
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McGonagill: Right.
Aanenson: Yeah because that’s your outside perimeter. Then you put the garage door on there.
You want to get at least you know a wider garage door that you can get in and out and most
people would prefer to have the garage your waste and stuff inside your garage so if you had that
kind of thing it allows for those sort of things to put your recycling and the trash container inside
your garage which is a desirable.
McGonagill: And I’m not trying to revisit the previous decision.
Aanenson: No.
McGonagill: But that was a question I had.
Aanenson: No they wanted to go wider but it would have required a lot more variances and so
we try to stay within because that was even a smaller lot you know.
McGonagill: Yeah correct.
Aanenson: Again it comes back to proportionality you know.
McGonagill: Right so it’s.
Aanenson: If this was a brand new lot I could tell you what the standard is going to be pretty
much a 3 car garage.
McGonagill: Right or like you said a 24.
Aanenson: 24 at a minimum yep.
McGonagill: This is, on this chart here, and this is the other question I had. When I look, again
I’m thinking about this going you’ve got an expansion. When I looked at the fall line of the
expansion of the roof line it’s going to be dumping water off the top probably. I’m sure there’ll
be gutters to the left end of that expansion. I’m looking at the expansion between the two lots. It
will dump water on the left side. It will dump water on the right side of that expansion. You
have a driveway there. I’m curious, I’m wondering why or should we ask for like a French drain
to run between the property lines to go down that, to dump the water off because one of the
bigger issues when you’re this close is one property owner dumping water on the other property
owner and they play, I had to deal with that in my own subdivision right now so that was a
question I had.
Aanenson: Yep that’s a great question and actually we spent some time on that. We actually
had, we call it the double dip rule where we’ve given variances for 5 feet and so the building
structure goes out and they actually extended the eaves over further.
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McGonagill: The eaves right.
Aanenson: Correct.
McGonagill: Pushing the water out.
Aanenson: Yep so MacKenzie and I did spend some time talking about this. So we actually
added a condition that they have to put gutters on there. If they have to oversize so that’d be part
of the building permit. Making sure they’re controlling some of that water on that property.
They would put substantial gutters on that.
McGonagill: Well that was my point. The gutters come off the end on each end of the
expansion. It’s going to could it not move across the lot?
Aanenson: No based on the grades. We looked at the grades on that too so I think we’re in good
shape on that so we did look at the grades. What would be the best way to manage it so we
thought that the gutters would probably be, that they not be orientated to the south and that they
manage it so looking at the grades that’s the way we came up with that.
McGonagill: Okay.
Aanenson: So that’s a good question but we did look at that because that does sometimes
happen to your point.
McGonagill: Oh it happens a lot when you get close.
Aanenson: Yep, yep.
Bender: The other thing that might be helpful if you have the staff report handy, looking at the
rendering on page 6 of 7.
McGonagill: Okay hold on.
Bender: Looking at the street.
McGonagill: Okay. Okay.
Bender: Just showing that it’s, the most of the peaking is heading to the street side.
Aanenson: Correct.
Bender: There is the dormer on the front but that doesn’t go all the way across.
McGonagill: So you mean it would come to the front and go down the driveway.
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Aanenson: Yeah that’s typically what we like to see have happen. Run going towards the street
where it’s getting into the stormwater pond, yeah. As opposed to running it back way towards
the lake yeah.
McGonagill: Okay. Thank you.
Aanenson: Good question. Yep.
Randall: Is there any issues with snow pile up for snowing?
Aanenson: No we looked at that too but that’s because the setback on the neighbors, that
driveway there, somewhere in the staff report it’s at least 10 feet plus so they should be fine.
Randall: Okay.
Aanenson: That’s another good question yep.
McGonagill: Well I’m glad they’re going to remove the driveway. That will help.
Aanenson: Yeah. I think engineering likes that too.
Bender: I do. We like it a lot.
Weick: Good items. Any other questions for Kate? Hearing none I would invite the applicant
to come forward and tell us about your project if you would like.
Jim Way: Yeah I’m Jim Way. We bought the property about 25 years ago. It was kind of like
buying a nice lake front lot that included a house and we really rebuilt that house. We gut it out.
We put new siding. New windows. We put an addition in the back. Never did anything to the
garage so now is the time. We have to replace that garage. It is coming apart. Wasn’t really
built very well to begin with in ’62 and you’ve got a swale in the roof and the back, and the
spancrete has got a dip and it looks like it could fall through so we’re anxious to get that and we
have to replace it anyway. Secondly it’s such a small garage. 19 feet on the inside. It’s very
difficult to work with. I have to leave my wife outside. You can’t drive into that garage with
any passengers. That’s just the way it is and we’ve got to watch you know when you open the
doors you don’t hit the other car. We do that quite a bit anyway. We try not to but it’s been a
struggle so we’re looking forward to having a nice garage.
Weick: Well that’s great.
Jim Way: So that’s about it. Thank you very much.
Weick: Does anyone have any questions for the applicant? No, thank you. Thank you very
much. Thanks for sharing. With that I would open up the public hearing portion. Anyone
wishing to come forward. Seeing nobody come forward I will close the public hearing portion
and open for commissioner comment or motion. I will say I had the exact same thought on the
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width. You know it’s fine now but like what if someone else moves in next door and then they
want to do something close to the lot line and all of a sudden we’re, you know we’re bumping up
against each other so I, but seeing the pictures and kind of understanding a little more about the
project I think it makes sense. But I shared your thoughts there. It seems to work for everybody
including the neighbors. That’s always nice.
Randall: I know that drive through, your drive through lot would be nice but at least you still
have a turn around spot there to back up.
Jim Way: …it’s worth it…and give up that turnaround. It’s nice having the turnaround but we
can live without it.
Weick: Yeah, fair enough.
McGonagill: Is this your last project?
Jim Way: Is it what?
McGonagill: Is this your last project on the house?
Jim Way: I hope so.
Weick: I would certainly entertain a motion.
Randall: I’ll make a motion. The Chanhassen Board of Appeals and Adjustments approves a 6
foot side yard setback variance and a 3 percent lot coverage variance, cover variance for the
expansion of the attached garage subject to the conditions of approval and adoption, and adopts
the attached Findings of Fact and Decision.
Weick: We have a valid motion from Commissioner Randall. Do we have a second?
Skistad: I’ll second that one.
Weick: We have a second from Commissioner Skistad. Any comment for the record before we
vote?
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.
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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.
Weick: The item passes 5 to 0 unanimously. Thank you for coming tonight.
Jim Way: Thank you very much.
Weick: And waiting us out. Thanks. Is there any new business to bring forward tonight?
Aanenson: Not tonight.
Weick: Not tonight.
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.
Weick: Kate how about City Council update?
Aanenson: Yep I’ve got some updates.
Weick: Great.
Aanenson: So you looked at the Life Time parking lot. The City Council did approve that so
they’ll get working on the parking lot. Glendale Homes was approved for the final.
McGonagill: I have a question on the parking lot.
Aanenson: Yeah.
McGonagill: Have they actually started work on that before they?
Generous: They have the Class V all in.
McGonagill: Yeah.