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CC Minutes 7-13-20Chanhassen City Council – July 13, 2020 5 Going through the necessary steps with you know talking to the fire department and we’re all very proud of you and glad that the American Flag will be lit 24 hours a day so congratulations. Good luck and we’ll definitely want to see an update once it’s, when it’s lit and you’re standing down below so congratulations to you and you have all of our support. Daniel Bozanich: Thank you. Mayor Ryan: Yep thank you. Alright are there any other visitor presentations for tonight? Sir if you would step forward. Richard Hamblin: My name’s Richard Hamblin, 340 Sinnen Circle here in Chanhassen and I’m here to address the assessments that were mailed to us and on your chart that you had here earlier you had Marsh Drive outlined as one of those projects and I think it was something like $850,000 to repave it. They filled our potholes and we get potholes every year which is pretty typical. Mayor Ryan: Sir is this for, sorry to interrupt. Is this for our road, one of our road project discussions? Richard Hamblin: Yes. Yes. Mayor Ryan: So when we get to that we’ll have the public hearing and at that time if you want to come forward. Richard Hamblin: Oh okay so I’m out of order. Okay. Mayor Ryan: Just a little ahead of schedule. But yes when we have the public hearing and I open up the public hearing then just come forward and state your name and address again please. Thank you. Other than that any other visitor presentations? Okay. APPROVE A REQUEST FOR VARIANCES TO PERMIT CONSTRUCTION OF A BUILDING ON AN OUTLOT AND FROM THE STANDARDS GOVERNING WATER ORIENTED STRUCTURES AT 3920 WHITE OAK LANE. Mayor Ryan: So next we have old business and Ms. Aanenson you’re up first for the variance. Kate Aanenson: Thank you Mayor, members of the City Council. I’m not sure the applicant’s in here. I think he might be in the other room. Mr. Lundeen? Mayor Ryan: Mr. Lundeen if you’re in the senior center if you want to come into the council chambers please. We should start hearing footsteps soon. So for those of you that are viewing at home and even those in the council chambers. Chanhassen City Council – July 13, 2020 6 Kate Aanenson: There he is. Mayor Ryan: Come on in. We for social distancing rules and capacity in this room we have limited numbers allowed in the chambers and so our overflow seating is in, is in the senior center so throughout tonight as we have applicants and folks here for the public hearing there may be a little bit of a delay but that’s just because we’re waiting for people to come into the chambers. But welcome and go ahead Ms. Aanenson. Kate Aanenson: Thank you. This item did appear before the Planning Commission on June 16th for the public hearing and then the City Council here we are tonight so the variance is to build a building, constructed on an outlot and a second water orientated structure. So the property is actually split by Minnewashta Parkway. When this subdivision on White Oak Lane was created, we put that in an outlot because the County wouldn’t record it as one tax ID because of the division between the two. Typically we put an outlot in the area to make sure that the house doesn’t get put on there. Sometimes one property will go tax forfeit or the like, more than likely not in this circumstance but typically we don’t allow out buildings on outlots. So this property again is split by the road and it’s currently used as their beachlot. As you can see here this would be the beachlot property. I’m going to go back and grab my red pen here. So this is the beachlot property. The existing house so they cross the street so the purpose of the structure right now, water orientated structure, our ordinance allows one and the purpose of having the building would then be to not have to haul the things across Minnewashta Parkway. So here’s the outlot as it exists now with the dock and the boat, fire pit and proposed structure. So the reasons that they requested for the hauling equipment back and forth and just the screening of the shed by the vegetation so we did get some comments on that and they felt like it was in good taste. I think some of the planning commissioners were concerned about people on the lake are concerned about water orientated structures and some planning commissioners felt that maybe is over reach and some planning commissioners felt that it is a good thing to regulate this. So the city code building an outlot again typically don’t do that. They do allow water orientated structure. The applicant was asking for something a little bit larger. The staff is sticking with our typical 250 square feet. The Planning Commission split on this for the reasons I described earlier so it was 3-3. Because it wasn’t a super majority under our rules of variance process it would then automatically get appealed to the City Council. Again the staff felt staying within the 250 square feet of the water orientated structure seemed consistent with existing policy. So again the Planning Commission split 3 votes so here we are with the appeal process so the staff is sticking by it’s original recommendation and there was one email in favor and then there was another email that was concerned but after they got some more information they withdrew their objection to that. So again this is isn’t a public hearing. This is just an appeal process. The applicant is here but we’re, we are recommending our original which was the not to exceed the 250 square feet for the structure, water orientated structure. So with that I’d be happy to answer any questions that you may have. Mayor Ryan: Council any questions at this point? Go ahead Councilman McDonald. Chanhassen City Council – July 13, 2020 7 Councilman McDonald: Who actually owns the lot? Kate Aanenson: Mr. Lundeen. Councilman McDonald: Okay so it is his lot? Kate Aanenson: Yes. Councilman McDonald: Okay. Kate Aanenson: But the County wouldn’t put it under one tax ID. Councilman McDonald: Okay. Thank you. Mayor Ryan: Ms. Aanenson I know there were some conversation at, you know at the Planning Commission in terms of the, because right now you talk about the two structures and obviously the one was put in before there were any shoreland guidelines, right? Kate Aanenson: Fire pit. Mayor Ryan: The fire pit. And then in terms of size, I don’t know if the applicant was asked this question or it was just brought out about you know in order to meet the size of the storage unit that he needs for some of, or they need for some of their materials if they change some of their, it’s really hard cover right? It’s just that they have. Kate Aanenson: Yeah. Mayor Ryan: So if they change some of the hard cover to accommodate the size increase, was that something that the applicant agreed to or didn’t want to go through that. Kate Aanenson: I think they want to stay with their same. We’ve actually provided both motions for you if you want to do it so he was asked to reduce the square footage to be consistent so. Mayor Ryan: Okay. Kate Aanenson: You can ask him directly if you. Mayor Ryan: Alright I will in one second. And are there any other, you said there’s no other cases in, on Minnewashta that have any overages? Kate Aanenson: No. I wouldn’t say that. Chanhassen City Council – July 13, 2020 8 Mayor Ryan: Okay. Kate Aanenson: We have a number of non-conforming beachlots on most of the lakes that we’re going back to the early 80’s so we have permitted those and they are legal non-conforming so, and since they are legal non-conforming we’ve added the conditional use. Some of them want to do canoe racks. Some of them also want to put in the portable bathrooms for the summertime for use so yes there are some that exceed that. Mayor Ryan: Okay. But and I’ll invite you up because I think one of the questions is, and I know concerns for lakeshore properties is that you know what is it going to be used for. Is it you know strictly for storage? Is it going to be for bathrooms? Is it a boathouse with bars, etcetera, etcetera or is this really a storage unit that because of the fire pit area they’re 90… Kate Aanenson: That’s a great question because they’re all different types of uses. Some of them are for boat storages and some of them have plumbing and the like right. Mayor Ryan: Right exactly. So if the applicant wants to come forward and state your name and address for the record please. Chad Lundeen: Yes thank you for having me, Chad Lundeen, 3920 White Oak Lane in Excelsior, Minnesota. Mayor Ryan: And if you want to answer a couple of the questions that I just asked in terms of use primarily. Chad Lundeen: Yes so primary use would be for storage and I think they had written up the report and given a pretty good summary of the reasons that we’re trying to justify that was you know safety of our little ones crossing the parkway without having kayaks and paddleboards and things in your hands. Number two just security of the items. To get them under lock and key because the public beach is right there and pretty well within eye sight. So that’s probably the main thing and just really the convenience of it from it’s about a 300 foot walk from the front of our garage down to the waterfront so to haul them back and forth is quite a task. Mayor Ryan: And across Minnewashta Parkway? Chad Lundeen: The parkway correct, yeah. Mayor Ryan: Okay, okay. Chad Lundeen: And we live right on where it’s a curve so there’s a lot of times where we’re stepping out to cross with the kids and then here comes a car zooming and we have to step back. Mayor Ryan: Right. Chanhassen City Council – July 13, 2020 9 Chad Lundeen: So we try to be really cautious with the little ones because we’re there. Mayor Ryan: Okay. And currently do you leave your, the kayaks and paddleboat and what not, that just is left outside right now? Chad Lundeen: Good question. We’ve done a little bit of each. We’ve tried to go back and forth when we can. Often times if there’s not two adults to help with that then we may leave them down there overnight and just kind of take our chances. And then you know as we put things away sometimes we’ve been putting them in the boat and up on the lift to just kind of hide them but you know we see people swimming right there watching us do it so if they so desired they could come and take it that evening. Mayor Ryan: Okay. And again I know I should say primary, secondary. The only use is going to be for storage? Chad Lundeen: Correct, yep. No entertainment and no plumbing and electric or anything like that. Mayor Ryan: Right okay thank you. Council do you have any questions of the applicant at this time? Go ahead Councilman McDonald. Councilman McDonald: Well as you can tell what came back from the Planning Commission evidently tied on all of this. Staff’s only recommending 250 square feet. Can you live with 250 or why do we need to go to 340? Chad Lundeen: Sure good question. So as a part of this process we learned that we were already in violation. We purchased the place one year ago and then found a need for this storage shed and when we applied for the variance we found out that the patio blocks and the fire pit was already at 260 so we said we are willing to adjust that and get the, and we’re flexible on the size of the shed. We just chose 8 by 10 for the request simply because we have a paddleboard that’s 11 feet long and we thought we could get it inside there if we angled it. If that makes sense. We also just thought like it’s really a shame to have a nice fire pit and patio block and tear that up and have it look worst than it was just to get the shed which we felt like there’s a need for that shed. Does that answer your question? Councilman McDonald: Well yeah I think you clarified something for me. I was thinking the shed was 340 square feet but you’re talking about the variance for the area you want to have with hard surface. Chad Lundeen: Right. So 8 by 10 shed or something similar and then the existing quote unquote structure is patio block and fire pit which I guess I would argue and the reason that one of the council members from the Planning Commission brought the motion to pass for all 3 was Chanhassen City Council – July 13, 2020 10 he said I’m looking at the picture from their dock or from the lake and you wouldn’t know there’s anything existing right now. You can stand on the dock and you don’t see the patio at all other than maybe a couple rocks around the fire pit so as far as setting the precedent, I know you have to protect that and be careful not to bend all the rules, but I don’t think if we, especially if we tuck that shed under the greenery, I don’t think you’d have a lot of people on the lake saying hey how come they got to have multiple structures. They don’t realize there’s one there to begin with as a patio. Does that make sense? Councilman McDonald: Yeah that makes perfect sense. I understand a little bit better now. The shed size you’re talking about is really kind of a minimal shed size. Chad Lundeen: Very minimal. Councilman McDonald: In order to make all of this and then as far as the additional square footage, well that’s made up by the patio block and the fire pit and in order to get down to the 250 thing you’ve got to start tearing stuff up and at that point you no longer will probably have two concentric circles. You’ll probably have something else so okay, I understand what it is you’re looking for. Thank you. Chad Lundeen: And at the last meeting we did say that we were willing to, probably the fire pit would be what we’d take up just because the paver stones would probably be the easiest to pick up. Emily Lundeen: I’m his spouse. Chad Lundeen: My wife. Emily Lundeen: Sorry, we had hockey. Chad Lundeen: Running little ones around. Mayor Ryan: Go ahead. Councilwoman Tjornhom: Excuse me if I didn’t see the staff report but are there any details about the architecture of the shed or the materials that are going to be used? Chad Lundeen: No. Councilwoman Tjornhom: Are there any stipulations about that? Chad Lundeen: We were just, we gave a couple photos of something that we thought we might try to put in there and we didn’t want it to be a junky looking tin shed. Chanhassen City Council – July 13, 2020 11 Councilwoman Tjornhom: Well that’s what I’m concerned about…something like Flamingo Pink something. Emily Lundeen: Ideally it would match our house like in color and trim as best we could so it would be, no it wouldn’t be plastic. Chad Lundeen: I think first and foremost we don’t want it to be something that is seen. Councilwoman Tjornhom: But we don’t have anything put in the report or conditions with that? And I trust you but I’m just , I’ve seen a lot of stuff. Emily Lundeen: And we have too. It would be as classy as a shed can be. I’m not if it can be but we will try. Mayor Ryan: Could you just say your name as well for the record? Emily Lundeen: Sorry Emily Lundeen. Sorry. Mayor Ryan: That’s alright, thank you. Chad Lundeen: Yeah and we would like it to even have like little flower box with the window or something that looks cute if you can see it at all. We really want it to be hidden. Kate Aanenson: So you could certainly add architectural… Councilwoman Tjornhom: No and I don’t want to, I just it’s a little, you know when you’re just allowing someone a shed, everyone has their bubble of what a shed looks like and just to be courteous to your neighbors and somebody else to make sure it does fit in. Emily Lundeen: And I’m not sure if Chad said this but I grew up on a lake and he grew up at the cabin so we, we very much take like…seriously. We totally get why these variances are there. Like we’re not trying to make our lakefront look anything more than what it is. We just also want to be a little more functional for the situation that we’re in with an outlot and I’m sure you all went through all that too so I mean we totally get it. We’re not, we’re new on our lake but we’ve, we’re very familiar with what it can look like and why we wouldn’t want it to look like that. Chad Lundeen: It’s a little bit what bothers us now is when we do leave the paddleboards and everything down there it’s sitting out and just doesn’t look clean and neat and we’d prefer it to be behind doors until you want to use that item and bring it out. Mayor Ryan: Okay thank you. Any other questions council? Alright thank you. Chanhassen City Council – July 13, 2020 12 Chad Lundeen: Thank you. Mayor Ryan: Appreciate it. Chad Lundeen: Appreciate your time. Mayor Ryan: Council any discussion on this item? Anybody? Councilman Campion: I’ll make a motion. Mayor Ryan: Okay Councilman Campion. Councilman Campion: The Chanhassen City Council approves a variance to permit a building to be constructed on an outlot, approves a variance for a second water oriented accessory structure, and approves the variance to request to exceed the 250 square foot water oriented accessory structure size limit, subject to the conditions of approval and adopts the attached Findings of Fact and Decisions. Mayor Ryan: Alright we have a valid motion. Is there a second? Councilman McDonald: We have a valid motion and a second. Councilman Campion moved, Councilman McDonald seconded that the Chanhassen City Council approves a variance to permit a building to be constructed on an outlot, approves a variance for a second water oriented accessory structure, and approves the variance request to exceed the 250 square foot water oriented accessory structure size limit, subject to the following conditions of approval and adopts the attached Findings of Fact and Decisions: 1. No trees, shrubs, or native vegetation shall be allowed to be cleared for the grading or construction of the building. 2. The applicant must apply for and receive a zoning permit. 3. The installation of the shed shall not encroach into any recorded drainage and utility easement associated with the outlot. 4. The combined area of both water oriented accessory structures may exceed 250 square feet. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. Thank you. APPROVE REVISED PRELIMINARY PLAT AND AMENDMENT TO THE AVIENDA PUD.