08-18-20-pc-sumCHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
AUGUST 18, 2020
Chairman Weick called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Steven Weick, Mark Randall, Michael McGonagill, Doug Reeder,
Laura Skistad, and Mark Von Oven
MEMBERS ABSENT: Eric Noyes
STAFF PRESENT: Kate Aanenson, Community Development Director; Charlie Howley, City
Engineer/Public Works Director; Bob Generous, Senior Planner; MacKenzie Walters, Associate
Planner; and Steve Ferraro, Engineer Technician
PUBLIC PRESENT:
Mark W. Kelly 2925 Stone Creek Drive, #120
Joan and Larry Synstelien 6893 Highover Drive
Tim Block 6903 Highover Drive
Melissa and David Wargin 2443 Highover Trail
PUBLIC HEARING:
CONSIDER AN APPEAL OF THE CITY’S DENIAL OF AN ENCROACHMENT
AGREEMENT FOR RETAINING WALLS AND VARIANCES FROM THE CITY’S
PROHIBITION OF LOCATING STRUCTURES WITHIN DRAINAGE AND UTILITY
EASEMENTS LOCATED AT 6893 HIGHOVER DRIVE.
Bob Generous and Steve Ferraro presented the staff report on this item. Commissioner
McGonagill asked for clarification of the timeline from 2016 to present. Commissioner Randall
asked if there was any damage done to neighboring properties. Commissioner Skistad asked
about the function of the French drain moving water towards the street. Mark W. Kelly, the
attorney representing the applicants, discussed the warrants of their case. The applicant Joan
Synstelien provided her personal story on living in this neighborhood and the projects that have
occurred. Commission members asked Larry Synstelien for clarification on the timeline of
interaction with the City from 2016 to present. Chairman Weick opened the public hearing.
Melissa Wargin, the neighbor to the east, explained the flooding that has occurred on their
property which has gotten worst since the Synstelien’s started construction. Tim Block, a physic
teacher at Chanhassen High School, showed pictures of water pooling on his property during
heavy rain events. Chairman Weick closed the public hearing. After discussion amongst
commission members the following motion was made.
Planning Commission Summary – August 18, 2020
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McGonagill moved, Von Oven seconded that the Chanhassen Board of Appeals and
Adjustments affirms the City Engineer Howley’s partial denial of the Encroachment
Agreement and denies that the variance request to allow the retaining walls to be located
within the drainage and utility easement and adopts the attached Findings of Fact and
Decision. All voted in favor and the motion carried unanimously with a vote of 6 to 0.
PUBLIC HEARING:
CONSIDER AN APPEAL OF THE BLUFF CREEK OVERLAY DISTRICT COUNDARY
DETERMINATION MADE BY A CITY ADMINISTRATIVE OFFICER FOR
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 212 AND
POWERS BOULEVARD.
Commissioner McGonagill recused himself from this item due to having a personal relationship
with the applicants. Bob Generous presented the staff report on this item. The applicant Tim
Erhart presented information on his case to take 3 acres out of the Bluff Creek primary zone.
Dan Blake with Pemtom Land Company provided historical background on the property and
potential development options. After clarifying questions for the applicant 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.
Randall moved, Reeder seconded that the Chanhassen Planning Commission acting as a
Board of Appeals and Adjustments affirms the staff delineation of the Bluff Creek primary
zone boundary and adopts the Findings of Fact and Decision. Commissioners Weick and
Reeder voted in favor; Commissioners Von Oven, Skistad and Randall voted in opposition.
The motion failed with a vote of 2 to 3. Commissioner McGonagill was recused from the
vote.
Commissioner McGonagill rejoined the meeting at this point in the discussion.
APPROVAL OF MINUTES: Commissioner Skistad noted the verbatim and summary
Minutes of the Planning Commission meeting dated July 7, 2020 as presented.
ADMINISTRATIVE PRESENTATIONS. Kate Aanenson provided the City Council action
update from their July 13th and July 27th meetings and discussed items on future Planning
Commission agendas.
Randall moved, Von Oven seconded 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 10:25 p.m.
Submitted by Kate Aanenson
Community Development Director Prepared by Nann Opheim