PC Minutes 8-17-21CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MINUTES
AUGUST 17, 2021
CALL TO ORDER:
Noyes called the meeting to order at 7:00 p.m. and noted the Chair and Vice Chair were absent
so the Commission needed to nominate someone to be Chair Pro-Tempore.
Alto nominated Noyes to be Chair Pro-Tempore for the meeting. Johnson seconded. All
voted in favor and the motion carried unanimously with a vote of 4 to 0.
MEMBERS PRESENT: Eric Noyes, Erik Johnson, Doug Reeder, and Kelsey Alto.
MEMBERS ABSENT: Steven Weick, Laura Skistad, Mark von Oven.
STAFF PRESENT: MacKenzie Young-Walters, Associate Planner; Josh Storms, Community
Development Intern.
PUBLIC PRESENT:
Merle Steinkraus 1800 Lake Lucy Road
Diane Steinkraus 1800 Lake Lucy Road
Tim Johnson 6287 Chaska Road
Chair Pro-Tempore Noyes reviewed guidelines for conducting the Planning Commission
meeting.
PUBLIC HEARING:
PLANNING CASE 2021-16: APPROVE A REQUEST FOR A VARIANCE TO ALLOW
CONSTRUCTION OF AN ACCESSORY DWELLING UNIT (ADU) WITHIN AN EXISTING
SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED AT 1800 LAKE LUCY ROAD
Associate Planner Young-Walters presented a summary packet of information. The property at
1800 Lake Lucy Road is zoned rural residential (RR) and has a minimum lot size of 2.5 acres.
The lot is 2.57 acres, has about 14.82% lot cover, and the home and accessory structures meet all
setback requirements of the RR district. The Applicant is requesting a variance as part of an
already approved building permit; they bumped out the garage and received permission to add a
mudroom, washer/dryer, master bathroom, and bedroom. However, because they want to add a
kitchen, it technically qualifies as a second dwelling unit. City Code allows the granting of a
variance to allow a one-family dwelling as a two-family dwelling assuming it meets certain
criteria. The Applicant has stated they would like to use it as an accessory dwelling unit so they
can live with their children; the father has developed a heart condition which has made this
arrangement desirable. Section 20-59 allows the use of single-family as two-family if they meet
four conditions: demonstrated need based upon disability, age, or financial hardship; the
dwelling has the exterior appearance of a single-family dwelling; separate utility services may
not be established; and the variance will not be injurious to or adversely affect the neighborhood
or surrounding residents. Staff believes the Applicant meets all four criteria and recommends that
Planning Commission Minutes – August 16, 2021
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the variance be approved, subject to conditions preventing the future use as a rental property; it
may not be rented, must be occupied by a relative, must have unobstructed access between
levels, and no separate utilities.
Reeder asked, when the next family moves in, how does the City become aware that the utilities
are not separate?
Mr. Young-Walters noted separate utilities are easy because they must go to the City for a
separate water meter. How does the City guarantee that it does not become a rental property?
Much of it is honor system; if the City were to receive complaints from neighbors or see a listing
for a rental property (because it is recorded against the deed), the City has more leverage to come
in and clean it up. He clarified that the Applicant could still rent the entire house out as they have
property rights, however, they cannot rent it as two units.
Merle Steinkraus, Applicant, built the home 32 years ago and recently sold it to his son and
daughter-in-law who have two small children. He noted it is a wonderful opportunity for the
Steinkraus family to stay in the house and grow old. He clarified the intent is to keep it as a
single-family home.
Chair Pro-Tempore Noyes opened the public hearing.
Chair Pro-Tempore Noyes closed the public hearing.
Commissioner Johnson moved, Commissioner Alto seconded that the Chanhassen
Planning Commission recommend the variance request for the use of a single-family
dwelling as a two-family dwelling be approved, subject to the conditions of approval and
adoption of the attached Findings of Fact and Decision Recommendations.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
PUBLIC HEARING:
APPROVE A REQUEST FOR A VARIANCE FOR LOT COVER AND SETBACK VARIANCES
TO CONSTRUCT A PORCH AND DECK ON PROPERTY LOCATED AT 6287 CHASKA
ROAD
Community Development Intern Josh Storms presented a summary packet of information. The
lot is zoned Single-Family Residential and the property has a lot size of 21,205 feet with a lot
cover percentage of 26.8%. The house has a non-conforming rear-yard setback of 17.4 feet and a
non-conforming west side yard setback of 9.7 feet. The patio behind the garage is non-
conforming at six feet and the patio at the southeast corner has a non-conforming setback of
seven feet. The existing deck has a non-conforming rear yard setback of 20 feet and the property
has a non-conforming retaining wall and stone path that crosses the west property line. The
Applicant is proposing to replace the existing deck with a 3-season porch and replace the
attached patio with a new deck, and are also proposing to remove the southeast attached patio,
two sections of driveway, and the stone pathway. The Applicant has stated that they do not have
the ability to construct a 3-season porch and deck meeting the 30-foot setback and have stated
the porch will not extend any closer to the rear lot line than the existing deck and the existing
attached patio will be replaced with a new deck with a setback of 17 feet. With the removal of
both patios, two sections of driveway, existing deck, and stone pathway, the property will be just
under 25% lot coverage. The City received four phone calls from neighbors of which three had