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PC Minutes 7-7-20Chanhassen Planning Commission – July 7, 2020 19 Walters: Staff has directed a sample language where the commission would direct, would approve it subject to conditions of approval as amended. So maybe to direct staff to so amend it. We would alter the variance document and that would be able to go forward. Weick: That’d be even easier. Thank you. But before we jump to that, I don’t want to jump the gun if there’s any other comments or discussions. If not I certainly would accept a motion. Noyes: Commissioner Noyes here. I would propose a motion. The Chanhassen Board of Appeals and Adjustments approve a 40 foot front setback variance for the construction of an open porch subject to the conditions of approval as amended and adopts the attached Findings of Fact and Decisions. Weick: Thank you Commissioner Noyes. We have a valid motion. Do we have a second? Von Oven: Second. Weick: We have a second I believe from Commissioner Von Oven. Von Oven: Correct. Weick: Yes. Wonderful, thank you and with that we will open for any final comment or discussion for the record on the item. Hearing none we will have a roll call vote. Noyes moved, Von Oven seconded that the Chanhassen Board of Appeals and Adjustments approve a 40 foot front setback variance for the construction of an open porch subject to the conditions of approval as amended and adopts the attached Findings of Fact and Decisions. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Weick: I am also in favor which is a unanimous 6-0 decision in favor of the variance. Thank you to everyone involved. City staff as well as the applicant. Good luck. And look forward to seeing your improvements in the neighborhood. Thank you very much. With that we will move to the third and final item on tonight’s agenda. PUBLIC HEARING: CONSIDER AN AMENDMENT TO THE CHAPARRAL PLANNED UNIT DEVELOPMENT (PUD) ORDINANCE TO CORRECT A TYPOGRAPHICAL ERROR. Generous: Planning Commissioners, Planning Case 2020-10 is for an amendment to the Chaparral Planned Unit Development. Tonight’s the public hearing. It goes to City Council on July 27th. The City’s correcting this. We’ve had discussion with a property owner who would like to subdivide their land within part of Chaparral. However when you look at the ordinance we discovered that the intent portion of the ordinance and the permitted uses in the ordinance did not match and so we’re here to correct that. Chaparral subdivision is located east of Powers Chanhassen Planning Commission – July 7, 2020 20 Boulevard, south of Carver Beach, west of Kerber and Nez Perce. It’s a mixed use development. It has single family detached housing, twin homes and fourplexes within the development. It’s zoned planned unit development residential. It’s guided for residential low density and residential medium density in the 2040 Comprehensive Plan. This property started in the 80’s and it was approved for development. At the time they approved planned unit developments through development contracts rather than through zoning ordinances in establishing all the setbacks and height and coverage requirements. In 2012 the City went through the process of amending 43 residential planned unit developments to codify them to incorporate all the design standards that were in there. When we did this we picked up the intent portion which was the first and second phases had 95 and 74 single family homes but when we codified the permitted uses they only put the 74 homes from the 2nd Addition. This amendment will correct that. We’ll make a total of 169 single family homes permitted. Additionally the City approved addendums in 1988 and 1999 to govern the construction of decks and porches within the development. However that was not incorporated in the ordinance and so we want to bring that, put it all in one place so people know exactly what zoning, what the requirements are under their PUD. Those are the two corrections to the ordinance that we’re proposing. It doesn’t change any other intent or purposes. Any lot size. All of that would remain the same. We’ve had numerous calls regarding this ordinance. Once I found out what the correction was they had no issues. There was a question about existing non-conforming structures out there. Decks didn’t comply with those, with the addendum. What would happen. The City would treat those as legal non- conforming and so they would be able to maintain it. We would have all future development would have to comply if anyone wants to put in a new deck but anything that’s there could stay and be maintained including taking it out and replacing it with new material so everything would stay as it is. Again there’s two sections of the ordinance and it’s Permitted Uses B. We strike out the 74 single family homes and replace that with 169. And then we add the deck requirements so that’s what we’re proposing. We’re recommending that the Planning Commission recommend approval of the amendment to the Chaparral Planned Unit Development zoning to correct the internal inconsistencies and adopt the Findings of Fact and Recommendation. With that I’d be happy to answer any questions. Weick: And we’ll go ahead and open it right up to commissioners. Questions for Mr. Generous. Von Oven: I apologize if I’m sort of just repeating what you just said but just to clarify, by correcting this it will be as if the error was never made meaning all rules would stay the same. Anything that’s already happened has happened. Everyone’s good right? Generous: That’s correct. All the rules would be as it was originally approved so. Von Oven: Yeah, thank you. Weick: Great. Chanhassen Planning Commission – July 7, 2020 21 Reeder: Mr. Chairman I have no problem with this as long as the perpetrators of this drastic mistake have been…admonished for that. Weick: We will certainly attempt to do that now that it’s on the record. Any other concerns or comments or questions? Hearing none and with the City as the applicant, we’ve already heard from the applicant correct so we will open up the public hearing portion of this item. Anyone wishing to come forward and comment on this item may do so at this time. We are also displaying the call in number if you are watching from Zoom or from home. I don’t believe we had any email comment on this item, although you did mention we had some phone calls but you summarized that, yeah. I have delayed enough. Seeing no one come forward here in chambers and with nobody calling in on the telephone I will close the public hearing portion of this item and open for commissioner comments and/or a motion. If we could put that motion up. There we go. Skistad: I guess my only question is we didn’t catch anyone, I mean the decks or with how the decks are, we wouldn’t expect anyone to have built a different kind of deck so we should be, you know unless they came in with a variance right? Generous: Right. Skistad: Okay. Weick: Thank you. Any other comments, questions. I would also accept a motion. Von Oven: I’ll make a motion. The Chanhassen Planning Commission recommends City Council approve the amendment to the Chaparral Planned Unit Development-Residential zoning to correct the internal inconsistency and adopts the Findings of Fact and Recommendation. Weick: Thank you we have a valid. Oops what? We have a valid motion from Commissioner Von Oven. Do we have a second? Randall: I’ll second that. Weick: Sorry for jumping the gun there Commissioner Randall. Randall: That’s alright. Weick: We have a motion and a second. Any final comment for the record? And hearing none we will commence a roll call vote. Von Oven moved, Randall seconded that the Chanhassen Planning Commission recommends City Council approve the amendment to the Chaparral Planned Unit Development-Residential zoning to correct the internal inconsistency and adopts the Chanhassen Planning Commission – July 7, 2020 22 Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Weick: This item passes unanimously. Six ayes, zero nays. Thank you Mr. Generous. I’m sure future Planning Commissions will be happy we got this corrected for them. It will solve many problems. That is our final item this evening. APPROVAL OF MINUTES: Commissioner Skistad noted the verbatim and summary Minutes of the Planning Commission meeting dated June 16, 2020 as presented. ADMINISTRATIVE PRESENTATIONS. Weick: Any administrative updates? Generous: We haven’t been sending much to the City Council so I don’t have anything to add. I do have some bad news. There’s no meeting on the next meeting in July and the first meeting in August. We didn’t have any applications. We anticipate a couple for the second meeting in August so, but they still have another week and a half. Walters: July 17 th I believe. Generous: Is for submittals. Weick: Okay. Generous: We’ll let you know. Weick: We will stay on notice. Thank you. Generous: And then if anyone’s going to be gone on the August 18th meeting if they could let us know early so. Weick: Okay. We will do that. So check your calendars. We have a little bit of time but let Kate know if you won’t be able to make August 18th. Any presentations from the commissioners? Comments. Certainly want to give everyone a chance to be heard. With that I would accept a motion for adjournment. Reeder moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:20 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim