CC Minutes 7-27-20Chanhassen City Council – July 27, 2020
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entire city other than those neighborhoods so we will get out there and get those ones now that
we know we’re not moving forward with these projects so.
Mayor Ryan: Wonderful.
Charlie Howley: We won’t leave it the way it is currently.
Mayor Ryan: Perfect, thank you for clearing that up. Appreciate it. Thank you Mr. Howley.
PUBLIC HEARING: METES AND BOUNDS SUBDIVISION AT 901 CARVER BEACH
ROAD.
Mayor Ryan: Next we have our public hearing and that is Ms. Aanenson.
Kate Aanenson: Thank you Mayor, members of the council. So this is a subdivision request.
It’s actually a metes and bounds which you probably have not seen one of these for a while. I
think it’s been a while since we done it but the subdivision ordinance does allow the City
Council to approve a metes and bounds subdivision which means both lots meet the requirements
of the ordinance so the public hearing is actually held at the City Council as opposed to at the
Planning Commission. So it speeds up the process if most of the infrastructure is in place so
with that the location of this lot is at 901 Carver Beach Road. It’s zoned PUD-R and it’s guided
low density residential so there is an existing home. We’re clearing up a couple of things.
There’s a lot remnants here so we’re tying that up with a part of this subdivision process. So the
property itself is 2.04 acres and again creating two lots. You can see the existing home and then
the newly proposed home. So with this subdivision one of the things we do with a subdivision,
we’re dedicating additional right-of-way for Carver Beach Road. We’re getting that revised
drainage and utility easements on both sides of the lot lines so that’s standard as you can see on
the, I’ll use my little laser pointer here. On the north side, around the property. That’s standard
with every subdivision lot so it’s the same process that we would do and then a wetland
delineation was also done on the property. That’s a first step so they did get the wetland
delineated and there is a buffer that they are meeting and that’s being shown here. …I did
receive a couple of calls regarding some of the grading and there are some trees on the lots.
Extensive trees along the lot. There’s also a retaining wall that must be moved outside of the
wetland buffers. So while you’re looking at this now they would still have to come in for the
building permit to make sure the building permit follows what was approved in with the… As
long as they meet the setbacks there can be some changing of those setbacks but as far as the
standard conditions those would have to be followed. So again as I mentioned tree removal was
an issue on the conditions regarding that but some of the trees because of the grading that will be
removed, you can see they have the red X’s along those and there is some significant amount of
trees on the property. So again the house could be slightly moved depending it appears. That’s
the choice that the owner wants to go forward with. So it is a public hearing before you so if you
wanted to open the public hearing and ask if there are any questions.
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Mayor Ryan: Perfect. Before we or before I open the public hearing, council do you have any
questions? I just have one question Ms. Aanenson.
Kate Aanenson: Sure.
Mayor Ryan: When you showed the Parcel A and B, so Parcel A goes behind another home.
How does that?
Kate Aanenson: Yeah it is a bit of an anomaly. Typically you wouldn’t do something like that.
I’ll let maybe the owners who are here to talk about that but typically you wouldn’t necessarily
divide it that way. You might want to divide it a little bit differently but it could be that, we’ve
heard that maybe there’s an owner over here that may want to acquire that and, they could have
to add it to their lot. Again that’s not a subdivision. We could administratively add a portion of
a lot to another lot so that could be a potential too but I’ll let the applicant address that but good
question.
Mayor Ryan: It was an interesting so. Okay with that I will open the public hearing. Please step
forward and state your name and address for the record or if you’re watching on TV you can call
the number listed below. Please.
Ray Mikkonon: Madam Mayor, councilmen, my name is Ray Mikkonon. I live at 6781
Penamint Lane. If you look at the map my property borders the west end of the wetland. One
my concern is from, what is the access into the property?
Kate Aanenson: It would come off of Carver Beach Road.
Ray Mikkonon: If you’ve ever walked by that property it’s about a 20 foot drop from Carver
Beach, at least a 20 foot drop from Carver Beach Road. A very steep slope down there. It’s
going to require a lot of fill to have access onto Carver Beach Road.
Mayor Ryan: Could we pull up the site map again please?
Kate Aanenson: Yeah. I’ve got it on mine, sorry. So I’ll let if Charlie wants to add, the City
Engineer but we do have our standard for driveways. Just like a street can’t exceed 7 percent. A
driveway cannot exceed 10 percent so as I mentioned earlier when they come in for a building
permit those are the granular details that the staff. So it goes through planning and also
engineering to make sure that, how that fill’s being brought in and making sure their driveway
maintains that 10 percent grade.
Ray Mikkonon: But what I’m saying is if you look at that my property, the neighbor who is next
to me from the back of his garage to the wetland there’s a wall that’s literally 20 feet high that’s
supporting his foundation of his garage. That is an extremely steep slope in that section on the
north section along Carver Beach Road there of that property. If you’re coming anywhere out of
Chanhassen City Council – July 27, 2020
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that you’re going to have a very steep grade of a driveway if you don’t fill which is in Minnesota
is a real difficulty. Plus you’re then coming onto a very busy road and there’s extreme amount
of landfill which also I would think about affecting the wetlands. And I’m also concerned about
the amount of trees that get taken out because that directly affects my value of my property.
Mayor Ryan: And you are to the west, is that where you said you’re at is the west?
Ray Mikkonon: Yes I’m the.
Kate Aanenson: This one?
Ray Mikkonon: I’m the wedge shaped property right there.
Mayor Ryan: Okay.
Kate Aanenson: So this item still has to go to the watershed approval, to get approval on that.
The wetland was delineated. They’re providing the appropriate buffer on their property.
Ray Mikkonon: And what’s the, may I ask what the buffer is?
Kate Aanenson: 16 ½ feet.
Ray Mikkonon: How much?
Kate Aanenson: 16 ½ feet.
Ray Mikkonon: 16 ½ foot buffer?
Kate Aanenson: Yes. Plus the setback. So there’s a setback plus a buffer.
Ray Mikkonon: What’s the setback?
Kate Aanenson: So you can see the buffer line is, it’s way up between…and it goes all the way
up to here.
Ray Mikkonon: And then what’s the setback?
Kate Aanenson: So 16 ½ feet from that.
Ray Mikkonon: How much?
Kate Aanenson: 16 ½ feet from that.
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Ray Mikkonon: Setback should be at least 65 feet from the wetland barrier.
Kate Aanenson: That’s not the city code though.
Ray Mikkonon: That was forced on me when I added the addition onto my house which I took
down the existing deck structure and the previous owner had built underneath and I had 60 feet
setback and I was required to do 65 and so I had to give up part of my lawn for the no mow zone.
So I don’t think 16 feet is an acceptable setback or the regulation.
Kate Aanenson: That’s the buffer plus the setback. So I would just say at one time setbacks
from wetlands were greater. Over the 30 years I’ve been here they’ve been modified to, because
you used to be able to have a setback but you’d mow all the way up to the edge of the wetland
and we’ve changed that so there’s a setback and a buffer space and no touch mow zone so that’s
changed over time.
Ray Mikkonon: But the setback is still 65 feet.
Kate Aanenson: I’m not sure what it is exactly on this one. I’d have to go back and look at the
grading plan.
Ray Mikkonon: It was in 2000 or actually in about 2005.
Mayor Ryan: So when the, Kate as this moves forward and you may stay there and continue to
ask questions there. As you move forward through this process what will have to come back to
the Planning Commission and Council?
Kate Aanenson: Nothing would come back. If you approve the lot split they would still have to
apply for the building permit and approval so when they come in for the building permit we
make sure it meets all the setbacks. So this would be the closest point here. So it has to meet
those setbacks and it also can’t exceed the 10 percent driveway grade.
Mayor Ryan: And then in terms of his concern about the fill, is that part of the application that
they’re going to include how much fill they’re going to utilize on the property?
Kate Aanenson: Yeah they would show that correct. Yeah but the grading plan is what is being
shown on here currently. And I would see if the owners wanted to add anything additional on
that, that they’re here.
Mayor Ryan: Okay we’ll have them come up once, okay.
Ray Mikkonon: So with the fill how steep of a hill do you have and then on the south side of the
property to the wetland.
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Kate Aanenson: Charlie?
Ray Mikkonon: Because like I said you’ve got a lot of fill to put in there. To get anywhere near
the road.
Kate Aanenson: Yep Erik said he talked to you about this.
Mayor Ryan: Normally we’re in different seats up here but with social distancing we’re all kind
of in different spots so.
Charlie Howley: Mayor and council, if you want to put the map up on the screen please.
Kate Aanenson: Yeah so this is the closest point right now. It’s at 71 feet. From this point right
here. That’d be to the edge of the wetland so that’s 71 feet.
Charlie Howley: So looking at this grading plan is the driveway will go down from Carver
Beach Road to a low point and then go back up to the garage. There is not a slope on here but it
can’t exceed 10 percent so that would be verified and likely you wouldn’t, you wouldn’t
construct it like a triangle anyways. You need to have a bow in it but I presume this is going to
be like a walkout right? So you’re going to start at the street. You’re going to come down a
driveway. You’re going to go back up a little bit to the garage. Then there’ll be a walkout so
you go down like 12 more feet and then you can see that there’s a big fill so just those contours.
Those dashed contours that kind of bow out to the south. Right there. Those are fill contours
and it’s looking like they’re 2 footers so that’s 2, 4, so as you get down towards that retaining
wall that’s about a 6 or 8 feet of fill and when it hits a retaining wall, and presumably that
retaining wall is, I can’t see on this plan but it might be say 4 or 5, 6 feet tall. So without
question there’s a lot of fill coming into this site. I mean to put a house on there that’s what you
have to do so the fill gets designed per a grading plan to appropriate slopes. It gets compacted.
It gets restored and stabilized so that it doesn’t slough and then you know the trucks that come
in, we make sure they’re not over loaded right so there’ll be a number of trucks coming down the
street and you know the road is built to handle truck traffic so without seeing the plan more than
this I can’t tell you exactly how much fill or what the steepness of the driveway is but without
question the plan reviewer is Erik in the engineering department and then when the building
permit comes in they make sure that it’s appropriately engineered.
Ray Mikkonon: Okay. As I stated the property next to mine he had the 20 foot, clearly a 20
foot wall supporting his garage on that side of the property. I would be surprised if you can do a
4 foot retaining wall and how far of a setback is that retaining wall going to be? From the pond.
Charlie Howley: I would say based on the scale of this drawing from the delineated wetland it’s
probably that 16 feet.
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Ray Mikkonon: And I consider that to be unacceptable. It’s going to destroy the view of my
property with a 16 foot setback when the requirement that was put on my not all that long ago
was 65 feet. From 60. It got expanded from 60.
Kate Aanenson: So I’m saying it’s 71 feet right here.
Charlie Howley: To the house.
Kate Aanenson: To the house yep. So it says the retaining wall has to be moved outside of the
wetland.
Ray Mikkonon: But I would consider the retaining wall, even though it’s not the house I would
consider a retaining wall to seriously impact my property value.
Mayor Ryan: Can we, what is allowed now in setbacks? Are retaining walls allowed typically?
Kate Aanenson: Yes I mean we have them in park trails. We have them, yeah.
Mayor Ryan: So that, so when he’s talking about the setback your or the City’s code is the
setback to the structure, not the 60 foot. I guess I’m trying understand the difference between
what was in 2000 asked of this gentleman to what is happening now and if it’s just the rules have
changed.
Kate Aanenson: I don’t know enough about the other site I’m sorry. I can’t comment on the
other, I don’t know enough about what was done there so our determination was, is that it met
the requirements of the city ordinance but for the retaining wall being moved outside of the
buffer requirements so.
Ray Mikkonon: Because you’re also going to take a serious amount of vegetation out doing that.
Kate Aanenson: Sure. Yep.
Ray Mikkonon: And that’s my other concern is you have a lot of mature, nice trees there that are
going to disappear. And again that’s going to impact my property.
Mayor Ryan: Okay thank you for your comments. We appreciate it.
Ray Mikkonon: As this goes forward what access do we have to see what the situation is?
Mayor Ryan: Are the documents posted online? Anything will be posted online?
Kate Aanenson: We’re going to post it online, the staff report’s online too.
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Mayor Ryan: Okay.
Ray Mikkonon: Thank you very much.
Mayor Ryan: Thank you. And if the applicants want to step forward please that would be great.
Mary Jean Brown: So the whole parcel is 2.4 acres that we bought and there was a home that
was in need of remodeling so the home that’s being parceled off is Parcel B. We put $65,000
into remodeling that home and it’s a very nice rental home and we chose to parcel that off and
then do a 2.04 acre lot for us to build our final home on so it is a walkout rambler. It is closer to
the rental home than I would prefer but we’re putting it there because it’s the best for the lot.
That’s how the lot slope. It was best based on the recommendations from the surveyor that we
hired and I’ve got $5,000 in surveyor fees. And our builder. So that’s how the location was
chosen. If it was my choice it would have been further to the west which would have been closer
to his property. There’s, I have, I talked to Bob Generous at the City numerous, numerous times.
I’d have, we have 160 feet across the front, across Carver Beach so technically we could have
had two lots because you need 80 and we’re not doing two. We’re just doing one for our own
single family residence. There is a lot of tree coverage but a lot of it is buckthorn. There are
some nice trees which with any time you build a home you’re going to lose some trees. We
aren’t anywhere near the wetlands. We’ve paid for the wetland delineation survey. We paid for
the tree survey. We paid for the surveyor. We’ve done everything that they’ve asked and it is a
6 percent grade on the driveway is the highest that we intend to go. It’s not our choice but we
may need to when it comes down slightly and then it goes up so you have the water doesn’t run
into your home. So these plans were looked at. We’ve gone back and we’ve done what we need
to do to comply with everything. There will be some fill brought in but it’s not excessive. It’s
what we need to do on the lot.
Mayor Ryan: And I had asked earlier about the configuration of the lot. How Lot A goes behind
an existing house.
Mary Jean Brown: That’s because we own the house. We own Parcel B. That’s our rental
house.
Mayor Ryan: But what’s next to Parcel B?
Mary Jean Brown: There is a house that just went up for sale on the corner there.
Mayor Ryan: Yep.
Mary Jean Brown: And they have 10 feet to their back yard. And he contacted us to see if we
wanted to buy it and we weren’t interested and I said to him I was concerned that when they sold
it that anyone buying it knows that they only have a 10 foot back yard. I don’t want them to
assume that the acreage behind it is their’s.
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Mayor Ryan: Right.
Mary Jean Brown: So it’s actually under contract and the realtor for the buyer contacted us
immediately and asked if they can buy the land directly behind the house so no one ever builds
there and it is a buildable lot but I’ve told them that once the lot split goes through we would sell
them a half acre back there all the way to the pond so they own the whole back of their house.
They just don’t want anything ever built there.
Mayor Ryan: Gotch ya.
Mary Jean Brown: So it would remain wooded and I’ve talked to Bob about that. It’s a lot line
adjustment. I have to pay to have a survey but I’m not doing that until they close on their lot so
it was done this way because we weren’t sure if people owning that house someday would want
to buy it or down Nez Perce. The next owner owns a duplex there and he’s a builder and he had
expressed interest in it so we carved it out. I wanted to leave .35 acres with Parcel B but we
wanted to leave our options open.
Mayor Ryan: Okay. And obviously you’re well within your rights to do with your property. I
just was curious just because it was such a strange configuration of a lot.
Mary Jean Brown: It is.
Mayor Ryan: That then moves behind two homes and I understand one of them is a rental but I
just was curious about that so thank you for explaining that.
Mary Jean Brown: Sure.
Mayor Ryan: I appreciate.
Mr. Brown: And we also wanted to retain the wetlands, the marsh. We kind of wanted to keep
control of that because we really want to keep it wildlife and preserve because we nature type
people. We certainly are trying to keep that as natural as we possibly can so that’s why we
retained the parcel that’s behind Parcel B to the wetland. We did not add that so we’ve kind of
retained that because we want to keep a nice, and where our house is positioned we are as far
from, and that’s a lot of area believe it or not as far as privacy and impacting him. We can’t even
see their house. We don’t even know it’s there.
Mary Jean Brown: It’s down.
Mr. Brown: It’s down and we’re positioned as far from impacting our neighbor as you can
possibly can.
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Mary Jean Brown: We’re 10 foot I believe we’re 10 foot from the lot line.
Mr. Brown: We are from our.
Mary Jean Brown: You know to the east.
Mr. Brown: To Parcel B.
Mayor Ryan: Alright thank you.
Kate Aanenson: I was just going to add Mayor real quick. Just in the staff report it goes into
more detail on the landscaping tree preservation so I just don’t want to leave that so. We do,
they did pay for the tree survey for the one lot and so I just want to review the Forester’s
comments on that so on the upland area, total upland area, the 1.5 that would be outside of the
wetland so the baseline canopy is at 90 percent so yes it’s heavily wooded. The minimum tree
canopy coverage is 55 and the preservation is being proposed at 65 percent so clearly tree loss is
tree loss if you’re looking at it but it meets the city standards which is why we were
recommending approval.
Mayor Ryan: Perfect thank you and thank you for including that. It’s always a concern of mine
especially with subdivision, you know dividing lots and the impact to neighbors and tree loss
obviously people buy, love wooded lots and so it’s a concern when those trees come down so
thank you for including that as part of the staff report. And sir just for your information all this
information is online in terms of you know tree preservation and their landscape plans so I just
wanted to point that out as well. It’s available on our website. Council any other questions for
the applicant? Alright thank you for sharing.
Mary Jean Brown: Thank you.
Mayor Ryan: And the public hearing is still open so if there’s anyone else that would like to
come forward or call in we’ll wait for, and with that I don’t see anyone else here coming forward
or the phone doesn’t look like it’s ringing so I will close the public hearing and return it to
council for any further questions, comments or a motion.
Councilman McDonald: I’ll make a motion Madam Mayor.
Mayor Ryan: Sure Councilman McDonald.
Councilman McDonald: I would propose that the Chanhassen City Council approves a
resolution approving a metes and bound subdivision creating two single family lots subject to the
conditions of approval and that we also adopt the Findings of Fact and Decision.
Mayor Ryan: Thank you. We have a valid motion. Is there a second?
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Councilwoman Tjornhom: Second.
Mayor Ryan: Thank you Councilwoman Tjornhom.
Resolution #2020-48: Councilman McDonald moved, Councilwoman Tjornhom seconded
that the Chanhassen City Council adopts a resolution approving a Metes and Bounds
subdivision creating two single family lots, plans prepared by Premier Land Surveying,
LLC dated July 1, 2020, subject to the following conditions and adoption of the Findings of
Fact and Decision:
Engineering:
1. The applicant shall update the parcels description to adhere to six (6) foot side and rear
yard drainage and utility easements (as applicable) and ten (10) foot front yard drainage
and utility easements on both Parcel A and Parcel B prior to recording of the subdivision.
2. The property owner of Parcel B shall enter into an encroachment agreement for the
existing fence within the newly created drainage and utility easement prior to recording
of the subdivision.
3. The applicant shall enter into a right-of-way easement agreement with the city to obtain a
consistent 50-foot right-of-way corridor along Carver Beach Road prior to recording of
the subdivision.
4. Retaining walls shall not be constructed within drainage and utility easements.
5. The development fees associated with this subdivision shall be paid prior to recording of
the subdivision. Fees are based on rates in effect at the time of recordation. For 2020
they total $15,600.86 and are enumerated as such:
a. Surface Water Development Fee: $9,800.86
b. Park Dedication Fee: $5,800.00
Environmental Resources:
1. Tree preservation fencing must be installed at the edge of grading limits prior to any
construction activities.
2. The applicant shall submit a corrected inventory and survey that also shows tree protection
fencing to be installed around the entire site at the edge of the grading limits.
Parks & Recreation:
1. Park dedication fees in the amount of $5,800 shall be paid prior to recording the
subdivision.
Water Resources:
1. Retaining walls and fences must be located outside of the wetland buffer.
Chanhassen City Council – July 27, 2020
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2. The applicant shall adjust the drainage and utility easements to fully encompass the
delineated wetland on the property.
3. A surface water management fee in the amount of $9,800.86 shall be paid prior to
recording the subdivision.
4. The proposed development will trigger Rule C-EPSC, Rule D-Wetland and Creek
Buffers, and Rule J-Stormwater Management, for the Riley, Purgatory, Bluff Creek
Watershed District and must receive a permit from them.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Ryan: That motion carries 5-0.
APPROVE A REQUEST FOR A CONDITIONAL USE PERMIT (CUP) FOR FOOD
PROCESSING AND OUTDOOR STORAGE FOR SIX SILOS ON PROPERTY
LOCATED AT 2100 STOUGHTON AVENUE (HEMP ACRES).
Mayor Ryan: Ms. Aanenson are we having somebody join via Zoom on this one?
Kate Aanenson: Yes. They should be on Zoom. So this is an application for a conditional use
permit for food processing, Hemp Acres. Owner Capstone Investors LLC. This item did appear
before the Planning Commission on July 7th and before you tonight. Just a little bit of
background on this project. This is the old Gedney Pickles site. It’s actually the most
southeasterly terminus of the city of Chan. Excuse me, southwesterly terminus of the city of
Chanhassen and this building goes back quite a ways. Back to 1958 and then ’63 when the City
of Chaska and Gedney entered into a sewer agreement. It’s actually being sewered by the City
of Chaska. Ultimately when we have sewer and water going down 61 we will provide municipal
services so we had that discussion with the applicant so it is a conditional use for the business
being proposed. The food processing. It is the owner’s intent to do food processing for the
hemp seeds. Again it’s used for food purposes so the conditional use is actually for the food
processing and the outdoor storage for six silos so when we first met with the applicant we went
to the existing business and it’s actually regulated by the Department of Agriculture and he’s
looking for additional kind of farm to market. It’s an increasing production so he was looking
for storage and looked at a number of cities and we’re happy to kind of that match up. When
Gedney had left this spring to match or last fall we matched this user up with this building so
he’s taking the 50,100 square feet and again it’s the River Valley Business Center and ultimately
the entire building is about 180,000 square feet so it’s kind of an interesting parcel. This part is
owned by Chaska. The rest of this, this is the existing, you can see the Gedney getting access via
Audubon and also off of Stoughton. The Minnesota Valley Electric has a substation right here
so there’s some storage being used in this building right now but the food processing will be on
this side of the building. So this is the alter survey. There’s a lot of stuff going on in this. It’s
an existing so again the applicant’s proposing to remodel the existing side of the building. He’s