PC Minutes 07-06-2021CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MINUTES
JULY 6, 2021
CALL TO ORDER:
Chairman Weick called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Steven Weick, Mark von Oven, Erik Johnson, and Kelsey Alto
MEMBERS ABSENT: Laura Skistad, Doug Reeder and Eric Noyes
STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner.
Chairman Weick reviewed guidelines for conducting the Planning Commission meeting.
PUBLIC HEARING:
CONSIDER A REQUEST FOR VARIANCES TO CONSTRUCT A DECK AND
RETAINING WALL WITHIN THE BLUFF SETBACK AND BLUFF IMPACT ZONE
ON PROPERTY LOCATED AT 6609 HORSESHOE CURVE (PLANNING CASE NO.
2021-07A)
Community Development Director Aanenson presented the staff report on this item, noting the
property is zoned Residential Single Family (RSF) and is in the shoreland and riparian, and there
is a bluff at the rear of the property. She noted the setbacks stated on the slide on screen. The
house is nonconforming to the bluff setback, and the porch and retaining wall are a
nonconforming encroachment into the bluff. The water-orientated accessory structure shown on
screen has a 3-foot bluff setback, 5-yard side yard setback, and a 7-foot shoreland setback, and
everything else meets Code. The proposed project is to install an at-grade deck and drainage
system within the bluff impact zone and replace the south retaining wall with a living wall,
replacing the west retaining wall with concrete, and reconfigure the existing non-conforming
water-orientated structure. Justifications for the project include failing boulder walls, property
damage, and erosion concerns. This was an existing home that the applicant is trying to improve
to make the house nicer, and also improve the bluff and slope. Staff is supporting these changes
and recommends that the Planning Commission approve subject to conditions of approval and
the Findings of Facts and Decision.
Brian and Elise Bruner, 6609 Horseshoe Curve, approached the podium. [inaudible microphone
for a few minutes.] Mr. Bruner said the big change from the previous variance is that they are
adding two feet on to the deck towards the bluff area, mainly to add more space for furniture and
walking from the staircase across the deck. They are also shifting their driveway west which is a
more gradual slope than originally planned and replacing the window well on the west side of the
property; this was previously poured cement around the window and they are now doing a living
Planning Commission Minutes July 6, 2021
2
wall with fescue. This will help stop erosion, absorb water, and there are planned drain systems
for water management.
Ms. Bruner clarified the highest point of their property is when one approaches the driveway and
it continues to go down and down from there. There is not a lot of flat space and they are looking
for the best ways to provide different areas for people to be on the property.
Chairman Weick asked if the two feet on the deck is in each direction.
Mr. Bruner replied it is simply two feet out.
Chairman Weick opened the public hearing at 7:15 p.m.
Chairman Weick closed the public hearing at 7:15 p.m.
Commissioner Alto moved, Commissioner Johnson seconded that the Board of Appeals
and Adjustments approve a 20-foot bluff impact zone and 30-foot bluff setback variance
and for the construction of a deck, a bluff impact zone, and bluff setback variance for the
construction of retaining walls, subject to the Conditions of Approval, and adopts the
attached Findings of Facts and Decision. All voted in favor and the motion carried
unanimously with a vote of 4 to 0.
PUBLIC HEARING:
CONSIDER A REQUEST TO AMEND CITY CODE CHAPTERS 1 AND 20 TO DEFINE
AGRITAINMENT"/"AGRITOURISM"; CREATE STANDARDS AND CRITERIA
FOR AN AGRITAINMENT USE AS AN INTERIM USE; ALLOW AGRITAINMENT
USES AS AN INTERIM USE IN THE AGRICULTURAL ESTATE DISTRICT; AND
RECEIVE AN INTERIM USE PERMIT FOR AN AGRITAINMENT USE ON
PROPERTY LOCATED AT 9111 AUDUBON ROAD
Senior Planner Bob Generous noted this is a Code Amendment and interim use permit (IUP)
review. The applicant has prepared a definition for Agritainment, use standards, an IUP in the A2
District regulations, and is also requesting the interim use for the Agritainment use on his
property. 9111 Audubon Road is zoned Agricultural Estate District (A2), is almost 64 acres in
size, and is guided for Office Industrial use in the future. Mr. Generous stated the property is
surrounded on two sides by the Bluff Creek Primary Zone which is part of the consideration.
Section 20-42 permits Code amendments upon initiation by City Council, the Planning
Commission, or a petition of the property owner. Staff has taken the applicant’s proposed
language, done a strike-through, and bold format with any recommended changes. As part of the
Agritainment definition it was broader as an educational and entertaining opportunity for people
to learn about farming activities. The only issue staff had within the definition is how mountain
biking fits into Agritainment…while they may use farm fields to do it, as part of the plan it
showed going into the Bluff Creek Primary Zone and staff had concern that it may impact that
zone and prefer that use not be included. This was the only change to the definition. Staff asked
that parking be included as part of the applicant’s plan and that they maintain a 50-foot setback
from the right-of-way, including accessible parking. He noted the applicant wanted an exemption