CC Minutes 02-22-21City Council Minutes – February 22, 2021
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Fire Chief Johnson cautioned residents to not take risks involving ice fishing or animals around
bodies of water that were beginning to melt and open up.
Mayor Ryan asked about fire department responses to COVID-19 calls. Has this changed due to
vaccinations?
Fire Chief Johnson responded that the department had been cautious about calls that involved
nausea, weakness, or feeling ill in order to protect staff. However, it continued to respond to calls
of difficulty breathing. Often, they would wait for Ridgeview Emergency response staff to get to
the scene with different levels of Personal Protective Equipment to assess the situation and were
able to respond without risking staff.
OLD BUSINESS. None.
PUBLIC HEARING. None.
NEW BUSINESS. CONSIDER A REQUEST FOR VARIANCES, INCLUDING
EXCEEDING THE 1,000 SQUARE-FOOT, DETACHED ACCESSORY STRUCTURE
SIZE LIMIT, TO CONSTRUCT A DETACHED GARAGE AND ADD A BATHROOM
TO AN EXISTING DETACHED STRUCTURE ON A PROPERTY LOCATED AT 10151
GREAT PLAINS BOULEVARD
Community Development Director Kate Aanenson presented the information on the requested
variance. The site is an older farm property which will be on the next phase of Highway 101
realignment. The property has two driveway access points onto Great Plains Boulevard which
will be eliminated and the driveway will be tied into Lakota Lane.
The property is 4.37 acres which slopes in the back. The controlling factor is how much
accessory structure square-footage is allowed. There are 23 comments noted in the staff report
delineating questions from the Planning Commission.
Ms. Aanenson reviewed that the house has a nonconforming front yard setback with Highway
101, a detached garage of 728 square-feet, a summer kitchen of 456 square-feet, and a shed of
200 square-feet. The house and summer kitchen are historic structures.
The rational basis for having the limitation on cumulative square-footage of accessory structures
is that, historically, there is a chronic problem with accessory structures turning into businesses.
Justifications for exceeding the square-footage limits include insufficient storage for vehicles,
preventing pipes in the summer kitchen from freezing, the historic nature of the property makes a
detached garage preferable, neighboring parcels have large detached structures, and that the
structure would not be used to violate home occupation City Code.
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The intention of the ordinance passed in 2007 was to prevent construction of detached buildings
that may be used as home occupations.
Ms. Aanenson reviewed that the intent of the City’s nonconforming use ordinance is to prevent
the expansion of and encourage the elimination of nonconforming structures. The applicant had
not demonstrated an inability to add a garage space via an alternate configuration which would
not require a variance nor shown that it is not feasible to add a bathroom within the existing
summer cottage. Even though it is a large lot, single-family residential properties typically do not
have bathrooms in the outbuildings. Staff is concerned about the long-range use of the
outbuildings.
At their February 2, 2021 meeting, the Planning Commission voted 4-3 to deny the requested
variance citing that the requested variance was too large and that there were other options for
storage of vehicles. Since there was not a three-fourths majority vote, the item came to the City
Council.
No members of the public addressed the Planning Commission during their meeting but there
was one call following the meeting saying if this variance is approved there is an opportunity for
others.
Mr. Myslivecek, the property owner, was in attendance via Zoom to answer questions.
Councilman Campion asked Ms. Aanenson about neighboring properties having larger accessory
structures.
Ms. Aanenson stated that this is a historically farmed area with larger lots. Some 2 ½ acre lots
have been permitted to build outbuildings but then become an issue when home businesses
violated City Code.
Councilman Campion confirmed that the brown areas shown on the map indicated the proposed
new development.
Councilman McDonald asked Ms. Aanenson about the structure referred to as a summer kitchen.
Ms. Aanenson stated that the applicant could respond to this question.
Councilman McDonald asked if Mr. Myslivecek had ever been cited for abusing the variance
which did not allow a home business in an outbuilding.
Ms. Aanenson stated that the applicant could respond to this question but not to her knowledge.
Councilman McDonald asked Mr. Myslivecek about the purpose of this outbuilding and if there
is not a bathroom in it already.
Mr. Myslivecek stated that, when the property had been built over 100 years ago, the building
was called a summer kitchen. The family uses it for entertainment and music.
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Councilman McDonald clarified that the summer kitchen served as a family room. He stated that
there has been concern about potential abuse for that size garage and running a business. He
asked Mr. Myslivecek if he had ever been cited for a code violation for running a business out of
his property.
Mr. Myslivecek stated he had not been cited for a code violation for running a business on his
property.
Councilman McDonald confirmed that it was Mr. Myslivecek’s intent to use the structure to
store classic cars.
Mr. Myslivecek stated it was to store vehicles in general.
Councilman McDonald added that one deterrent to building onto the existing structure was the
inability to get the Chaska brick that would match the current structure and blend in.
Mr. Myslivecek asked if he could give the City Council a presentation outlining his long-term
intent.
Mr. Myslivecek began by stating that his family is excited to own this property due to its history.
Their investment in the project is a benefit to the city but will not cost them a nickel. He outlined
the following points:
1. City staff, personnel, and the Comprehensive Plan
Mr. Myslivecek thanked city staff who had been involved in working on the project,
particularly Associate Planning MacKenzie Young-Walters. Mr. Myslivecek is proud to
live in the community. He requested a variance and is required a variance because he is
building a garage not a barn. City Code does not address the building of a barn but this is
the essence of what he is wanting to create. Although staff has said he could build onto
the current house and summer kitchen, he doesn’t feel this is what would have been done
in the 19th century.
2. History of the site
Mr. Myslivecek gave a brief history of the property including property purchase from the
Sioux Indian tribe and settlement by German immigrants. He feels that preserving the
history of this property is an asset to the city.
3. Benefits to Chanhassen
Mr. Myslivecek stated his intent is to replicate a historical structure and add to the visual
in Chanhassen. The proposed structure would also take care of his need for storage.
Because of the re-routing of his driveway, he had to buy a tractor. He stated that, while
no one owns their property, he feels that he is a curator of it for the benefit of future
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generations and intends to be a good steward. He is discouraged about the general loss of
historic properties.
He outlined the information in the packet including houses that have detached garages
and barns. All of these garage doors are facing the street; however, his proposed garage
would have the doors facing away from the street so that passersby would feel like they
are looking at a 19th century house.
He added that the size of the property prevents the area from looking overcrowded.
He felt that no one typically complains about having a well-maintained building in their
neighborhood. He also mentioned that, in the past, when a cell tower was being built
nearby, the city requested it be moved 500 feet so as not to affect the visuals of his
property. His proposed variance would add to the visuals, not reduce its value visually.
4. Planning Commission meeting
Mr. Myslivecek felt that the Planning Commission could have visited his property to see
the proposed layout instead of focusing on the number of allowed square-footage of
outbuildings. The Planning Commission asked good questions about the property and the
project did not seem to be discarded because of its design. He stated that the Planning
Commission felt it was a unique property in a rural setting. With nearly five acres, his
property is also separated from other properties because of the bluffs.
5. Neighborhood input
Mr. Myslivecek reviewed that he had approached neighbors to receive their feedback and
none seemed as if they were not in favor.
6. Reasons for the request
Mr. Myslivecek reviewed that his idea for the property was to build a garage as existing
storage was insufficient. He could store his classic cars off-site but would prefer to have
them on his property. Recently, someone tried to cut a catalytic converter out of one of
his vehicles. Storing vehicles outside of a structure on the property did not look great.
While an addition could be added to the house, it would not look in keeping with the 19th
century structure. The doors to the detached garage, as well as the addition on the
summer cottage, would not be visible from the street.
In closing, Mr. Myslivecek restated that there would be no cost to the City of Chanhassen and
that he would be, in essence, replacing the barn which had been torn down in the past.
Mayor Ryan asked the City Council if they had any questions.
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Councilwoman Schubert asked for clarification on the property being affected by the Highway
101 project.
Ms. Aanenson clarified that the Highway 101 project would necessitate a road realignment.
Mayor Ryan added that Mr. Myslivecek would not be able to pull onto Highway 101 from his
property.
Councilman Campion asked Ms. Aanenson for clarification on the similar structure on the
property that Mr. Myslivecek had mentioned was torn down.
Ms. Aanenson clarified that agricultural buildings were treated differently in the building code.
She asked Mr. Young-Walters to speak on this topic.
Mr. Young-Walters stated there was a barn on the property of approximately 1,700 square-feet.
This was torn down between 2005-2008. Because of the timeline of its removal, it was not
grandfathered into existing building codes.
Councilman McDonald stated that he was involved in moving the cell phone tower so as to not
interfere with the historical significance of the farmstead. He read through the reasons why the
variance should be denied. He stated that this was an isolated piece of property. The City is
concerned about the potential for abusing the outbuilding to run a home business which is
understandable due to past experience. However, he felt that you can’t punish someone for what
could happen and that the violation must take place before the law can address it. He would like
to give Mr. Myslivecek the benefit of the doubt that he intends to use the garage for storage and
to enhance the property. He felt that to deny the garage and bathroom additions would impact the
livability of the property. If a future owner of the property decides to run a business out of the
outbuilding, the City can address it at that time.
Councilwoman Rehm agreed that the proposed building seemed like it would blend in well. She
would like to hear the City Attorney’s perspective on the variance but the request seems
reasonable.
Councilwoman Schubert agreed with Councilman McDonald’s statements.
Councilman Campion was in favor of approving the variance request.
Mayor Ryan thanked Mr. Myslivecek for his presentation. She added that there previously was a
barn that existed in this location and it seems counterintuitive to agree to an attached garage but
not allow a detached garage of the same size.
Mayor Ryan asked Ms. Aanenson if the listed conditions of approval would automatically come
into play if the variance was approved.
Ms. Aanenson stated that the seven listed findings of fact would be part of the motion.
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Mayor Ryan asked Mr. Myslivecek if he was familiar with the list of findings of fact.
Mr. Myslivecek stated Mr. Young-Walters had waived the topographical study but Mr.
Myslivecek would complete the study if the variance were granted. He will abide by the listed
conditions.
Mayor Ryan asked Mr. Myslivecek to follow up with City staff.
Councilman McDonald moved, Councilman Campion seconded that the City Council
approves a 1,842 square-foot accessory structure size variance for the addition of a
bathroom onto the existing summer kitchen and construction of a detached garage, subject
to the Conditions of Approval, and adopts the attached Findings of Facts and Decision, as
follows:
1. A septic compliance inspection is required prior to any variance or building permit being
issued for this property. Any property with a septic system located within 1,000 feet of a
lake, pond or flowage or 300 feet of a river or stream requires a compliance inspection.
This property is within 1,000 feet of a pond and does not have a valid compliance
inspection on file in the past three years.
2. A building and plumbing permit must be obtained before beginning any construction.
3. Building plans must provide sufficient information to verify that the proposed building
meets all requirements of the Minnesota State Building Code; additional comments or
requirements may be required after plan review.
4. No portion of the garage/workshop may be used to conduct or be as part of a home
occupation.
5. A second dwelling unit may not be created within the summer kitchen.
6. The summer kitchen may not be rented.
7. The improvements must substantially conform to the plans dated December 30, 2020.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS.
Councilwoman Rehm gave a presentation pertaining to Black History Month. She noted famous
residents including Prince Rogers Nelson, the musician, and Dr. Andrew Agee, the first black
OBGYN in Minneapolis. She also highlighted Chanhassen Cinema and Cheesecake Funk which
are black owned Chanhassen businesses.