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09-15-20-pc-sumCHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES SEPTEMBER 15, 2020 Acting Chair Randall called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Mark Randall, Eric Noyes, Mark Von Oven, and Laura Skistad MEMBERS ABSENT: Steve Weick, Michael McGonagill, and Douglas Reeder STAFF PRESENT: Bob Generous, Senior Planner; and MacKenzie Walters, Associate Planner PUBLIC PRESENT: Stacy & Ed Goff 9391 Kiowa Trail Jamie Anderson 5009 France Avenue Adam Bender 5009 France Avenue PUBLIC HEARING: CONSIDER A REQUEST FOR VARIANCES TO ENCLOSE AN EXISTING DECK AND EXTEND A CANTILEVER WITHIN THE SHORELAND SETBACK ON PROPERTY LOCATED AT 9391 KIOWA TRAIL. MacKenzie Walters presented the staff report on this item. Commissioner Noyes asked about variances that have been granted in the past for this neighborhood. Speaking for the homeowners, Adam Bender explained the proposed design of the home. Stacy Goff, the homeowner explained that she grew up in this house and their desire to make updates so they can continue to live there. Jamie Anderson, one of the owners and designers on the project, discussed other improvements that are being done to the site including removal of a concrete slab. Acting Chair Randall opened the public hearing. No one spoke and the public hearing was closed. After comments and discussion among commission members the following motions were made. Commissioner Skistad moved that the Chanhassen Board of Appeals and Adjustments approves the 5.2 foot shoreland setback variance to permit enclosing and expanding the existing deck and an 8 foot shoreland setback variance to replace and expand the rear patio subject to the conditions of approval and adopts the attached Findings of Fact and Decision. The motion fails for lack of a second. Commissioner Noyes moved, Commissioner Von Oven seconded that the Chanhassen Board of Appeals and Adjustments approves the 3.2 foot shoreland setback variance to permit enclosing and expanding the existing deck subject to the conditions of approval and Planning Commission Summary – September 15, 2020 2 denies the 5.2 foot shoreland setback variance for a cantilever and 8 foot shoreland setback variance for a patio and adopts the attached Findings of Fact and Decision. 1. A building permit must be obtained prior to construction and building must comply with the Minnesota State Building Code. 2. Eaves may encroach an additional one foot beyond the granted variance as shown in the plans dated August 3, 2020. All voted in favor except for Commissioner Skistad who opposed and the motion carried 3 to 1. PUBLIC HEARING: DISCUSS CODE AMENDMENTS TO REQUIRE ZONING PERMITS FOR ALL STRUCTURES THAT DO NOT REQUIRE BUILDING PERMITS. MacKenzie Walters presented the staff report on this item. Commissioner Von Oven asked for clarification on the definition of a structure. Commissioner Noyes asked about the additional work load on staff. Acting Chair Randall asked about cost of the permit and cited different examples before opening the public hearing. No one spoke and the public hearing was closed. Commissioner Noyes moved, Acting Chair Randall seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed amendment to Chapter 20 of the Chanhassen City Code concerning zoning permits. Commissioners Noyes and Acting Chair Randall voted in favor, Commissioners Von Oven and Skistad opposed. The motion fails with a vote of 2 to 2. PUBLIC HEARING: DISCUSS CODE AMENDMENTS TO PERMIT THE CONSTRUCTION OF CERTAIN STRUCTURES ON OUTLOTS. MacKenzie Walters presented the staff report on this item. Acting Chair Randall opened the public hearing. No one spoke and the public hearing was closed. Commissioner Von Oven moved, Commissioner Noyes seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed amendment to Chapter 1 and Chapter 20 of the Chanhassen City Code concerning outlots. All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPROVAL OF MINUTES: Commissioner Skistad noted the verbatim and summary Minutes of the Planning Commission dated September 1, 2020. Planning Commission Summary – September 15, 2020 3 ADMINISTRATIVE PRESENTATIONS: CITY COUNCIL ACTION UPDATE. Bob Generous provided updates on action taken by the City Council at their meeting and upcoming items on future Planning Commission agendas. Commissioner Von Oven moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The Planning Commission meeting was adjourned at 8:15 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim