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10-19-2021CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 19, 2021 CALL TO ORDER: Vice Chair von Oven called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Eric Noyes, Mark von Oven, Erik Johnson, Doug Reeder, and Kelsey Alto MEMBERS ABSENT: Steven Weick, Laura Skistad STAFF PRESENT: Bob Generous, Senior Planner; and MacKenzie Young-Walters, Associate Planner; Erik Henricksen, Project Engineer; George Bender, Assistant City Engineer; Matt Unmacht, Assistant City Manager (former Water Resources Coordinator) PUBLIC PRESENT: Sharon Gatto 9631 Foxford Road Dan Blake Black Cherry LLC, 14500 Martin Drive, Suite 3000, Eden Prairie Jeff and Deb Papke 6180 Cardinal Drive, Shorewood Vice Chair von Oven noted there are four items on the agenda for this evening, however, the applicant for Item B3 has requested that the item be tabled. PUBLIC HEARING: CONSIDER A REQUEST FOR AN INTERIM USE PERMIT (IUP) FOR GRADING IN EXCESS OF 1,000 CUBIC YARDS FOR THE CREATION OF A BERM ON PROPERTY LOCATED AT 9631 FOXFORD ROAD Project Engineer Henricksen gave a presentation on Planning Case 2021-24. The location is abutting Pioneer Trail and is zoned Rural Residential. The applicant has provided an existing condition survey as the line of trees shown on the property are diseased with rhizosphaera needle cast which is killing the trees. Eventually those trees will be removed which will eliminate the privacy or buffer to Pioneer Trail. There is an existing septic system on site which must be protected during grading operations. The intent is to bring in approximately 5,000 cubic yards of material in order to grade the privacy berm. Commissioner Reeder asked the proposed height of the berm. Mr. Henricksen believes it will be about eight feet from the existing grade and conforms with City Ordinance. Planning Commission Minutes – October 19, 2021 2 Sharon Gatto, applicant, has lived on the property for 30 years and planted 300-400 bushes and trees and with the disease they are losing their privacy. She stated they are hoping to take the berm to the street level and put in trees and plantings to make a beautiful corner. Vice Chair von Oven opened the public hearing. Vice Chair von Oven closed the public hearing. Commissioner Alto moved, Commissioner Reeder seconded that the Chanhassen Planning Commission recommends that the City Council approve the Interim Use Permit (IUP) to allow site gradings at 9631 Foxford Road subject to Conditions of Approval and Findings of Fact and Decision recommendations. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: CONSIDER A REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT (IUP) 2021-03 TO AMEND THE COMPLETION DEADLINE, HAUL ROUTE AND STORAGE AREA, BLACK CHERRY DEVELOPMENT, LLC (ERHART) Project Engineer Henricksen gave a presentation on Planning Case 2021-03. The location of the wetland dredging project is west of Great Plains Boulevard and east of Eagle Ridge Road. This is an IUP that was previous approved by Planning Commission and City Council. The property is zoned Agricultural Estate A-2 and has been approved for Preliminary Plat. He noted Wetland 2 is being proposed for the amendment and it is the same ultimate grading plan proposing 21,200 cubic yards of material to be excavated which needs to be completed in the winter months. Due to weather conditions the previous year it was not completed which is why the applicant is requesting an extension of the IUP. There is an amended haul route and stockpile location. Commissioner Noyes asked why there is a change in haul route and stockpile location. Mr. Henricksen replied it is because the Erhart Farms subdivision is going through the process of final platting, construction plans, and build-out so they cannot put the stockpile there. Dan Blake, Black Cherry Development, noted they began work the previous winter. It is about three weeks of work and they got a week-and-a-half of work done and then the weather turned warm. They were at risk of losing trucks in the marsh so they had to stop. He noted this will include two weeks of work in the winter and it will happen pretty quickly. Vice Chair von Oven opened the public hearing. Vice Chair von Oven closed the public hearing. Planning Commission Minutes – October 19, 2021 3 Commissioner Noyes noted they are really just extending the date with the relocation of the haul route and stockpile location. It is pretty straightforward in his opinion. Commissioner Johnson moved, Commissioner Alto seconded that the Chanhassen Planning Commission recommends that the City Council approve the amendment to the Interim Use Permit (IUP) to allow site grading by extending the completion deadline to one (1) year from City Council approval, and the haul route and stockpile location subject to the Conditions of Approval and adoption of Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: CONSIDER A REQUEST FOR SETBACK MAXIMUM SIZE VARIANCES FOR A WATER-ORIENTED ACCESSORY STRUCTURE (WOAS) AND A HEIGHT VARIANCE TO ALLOW A SIX-FOOT, SIX-INCH HIGH OPAQUE FENCE WITH THE REQUIRED FRONT YARD AND SHORELAND SETBACKS ON PROPERTY LOCATED AT 6609 HORSESHOE CURVE Commissioner Noyes moved, Commissioner Johnson seconded that the Chanhassen Planning Commission table this item: Request for Variances at 6609 Horseshoe Curve. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: CONSIDER A REQUEST FOR WETLAND BUFFER AVERAGING, WETLAND SETBACK VARIANCES, YARD SETBACK VARIANCES, AND OTHER VARIANCES FOR THE CONSTRUCTION OF A SINGLE-FAMILY HOME, SEPTIC SYSTEM, AND DRIVEWAY, PID 25.0080200 Associate Planner MacKenzie Young-Walters gave a presentation on Planning Case 2021-20. He clarified that if the Planning Commission approves or denies by less than a ¾ majority vote it automatically goes to the City Council on November 8, 2021. Alternatively, the decision can be appealed within a 4-day window where an appeal received in writing will refer this item to the City Council on November 8, 2021. This is a peninsula on Lake Minnewashta and the variances are from the minimum wetland buffer requirements and from the principal and accessory structure wetland setback to facilitate the construction of a single-family home on the lot. The parcel is zoned Rural Residential, is within the 1,000-foot Shoreland Overlay zone, is riparian, and the zoning district requires a 2.5-acre minimum lot area. Mr. Young-Walters shared the setbacks for Rural Residential and noted the widening of Highway 5 may alter the property’s access; access may be removed or converted to right-in, right-out. Highway 5 is not a City road, therefore MnDOT has jurisdiction over the access. The applicant is aware of all of these elements and development is at their own risk (noise, access, traffic, etcetera). The lot is 2.12 acres in size and the proposal is to extend the driveway and construct a home with porches, a patio, and a septic system. Mr. Young-Walters spoke about buffer averaging through the Planning Commission Minutes – October 19, 2021 4 Watershed to shift the building pad 20 feet south. Buffer averaging is a practice allowed by the Watershed to vary the width of the buffer so long as the total square footage protected does not change. The City does not treat buffers like that but requires a flat minimum buffer width of 40 feet in this case. In order to allow the applicant to use buffer averaging with the Watershed, the City would have to grant a variance from the minimum buffer width standards. Mr. Young- Walters noted six residents have emailed the City expressing opposition to the requested variance; five residents have called (two requesting information and three in opposition). Staff’s assessment is that the applicant has the right to reasonable use of the property and a single-family home is a reasonable use. Staff feels most of the requested variances are due to the proposed home design occupying the entire buildable area. Staff recommends approval of the driveway wetland accessory structure buffer setback and denial of the minimum wetland buffer width and wetland primary structure buffer setbacks. Commissioner Alto asked when the City decided this lot would be acceptable for a single-family home; was that width a consideration with the Highway 5 revitalization. Mr. Young-Walters stated the parcel has been guided for single-family use going back to at least the 2020 land use plan. He does not believe it has been zoned anything other than RR. The City did not amend the land use as part of the 2040 Comprehensive Plan. Vice Chair von Oven asked if Carver County builds a bridge are they required to provide access to this property. Assistant City Engineer George Bender replied the access would go away and the property would need to be acquired because they would be denying the access to the property that is already established. He clarified if the access needed to be constructed to the bridge because the building was on the site and was not acquired, he expects the bridge would change elevations of the roadway bringing it up so that the connectivity of the wetlands would be established. There would have to be additional funds expended to create a different access to the property. MnDOT has stated it would be a right-in, right-out. Commissioner Alto asked if they approve this application and give them access from Highway 5, could that affect the actual final decision for whether or not they build the bridge for Highway 5 and do the revitalization of the wetland to connect through to the Arboretum. Mr. Young-Walters replied the applicant already has existing and legal access to Highway 5. The City is not granting any new access or any expansion to the existing access. Mr. Bender does not believe it would impact the Highway 5 project. Commissioner Johnson asked regarding the wetland buffer, the septic site is outside of that and asked if that is a viable spot to construct the septic. Planning Commission Minutes – October 19, 2021 5 Mr. Young-Walters replied that the City Code allows for septics to be located within wetland buffers, and there are design standards that would need to be met. Matt Unmacht, former Water Resources Coordinator for the City, performed part of the wetland and natural resources review on this project. He clarified that staff is recommending approval of the driveway variance and not the buffer averaging variances because there is really no way to construct the driveway without the need for a variance at all. It is about what was feasible on the lot. Jeff and Deb Papke, Applicants, stated the driveway would not impact the wetland. Mr. Papke noted the buffer would allow the mound system to leave room to get in the garage. It also allows the distance from the driveway to the house to be shorter and gives an additional septic drain field area on the north side of the house. During the technical review, they found a piece of wetland on the adjacent neighbor’s property that stuck out quite a bit, forcing a bisection of the building location and with the buffers does not allow for a straight line for the house on the east border. Regarding the size of the house, 3,200 square feet is relatively modest and the garage and storage areas are sized for boats, vehicles, and an RV to be stored inside rather than in the yard. He spoke about other properties in the area and about a neighbor who had a variance approved which is a precedent for the Papke’s asking for a large garage on the footprint. Mr. Young-Walters reminded the Commissioners that the variance was approved on the condition that an otherwise theoretically buildable lot was combined to an existing parcel and lost building rights. Mr. Papke noted they submitted the same request to the Minnehaha Creek Watershed District (MCWD) and the request was approved. He noted 3-4 of the requests that came from staff are now being suggested for denial by staff. He asked the Commissioners to review and approve the variances as they have been waiting 10 weeks and have lost time in the construction season this year. Vice Chair von Oven asked if the applicants were surprised that the three variances were denied and when did they find out. Mr. Papke replied they found out on October 14th. He spoke with staff about the reasons for denial and they cited the house was big enough and they could do it without having the size of a house they planned for. The Commissioners and the applicant spoke about septic locations. Mr. Young-Walters’ understanding from the Building Official is for a lot of record only one septic site is required. Commissioner Reeder asked if the septic location can be moved. Planning Commission Minutes – October 19, 2021 6 Mr. Young-Walters replied that is out of his expertise but his understanding is that the soils on the site are very constrained and there are quite a few locations restrictions with setbacks, distance from the well, and from the proposed structure. Vice Chair von Oven opened the public hearing. Vice Chair von Oven closed the public hearing. Vice Chair von Oven noted that Commissioner Noyes has recused himself from this discussion for personal reasons. Commissioner Reeder does not see the reason to grant the extra variances. He thinks the Commissioners should grant the variance for the road. Commissioner Johnson is torn; he is on the fence. Vice Chair von Oven said in reading this multiple times, he always agrees that the applicant has reasonable use of the property. This one becomes tough because he stated when one settles on a house they want, that is what they want. Now it is in a place that is going to break a lot of the City rules; however, the Watershed does not have those rules. He is struggling a bit as he does not want to set more precedents for people coming with boatloads of variances. He thinks a reasonable use of a property can be accomplished without the other variances, excluding the driveway variance. Commissioner Alto moved, Commissioner Reeder seconded that the Chanhassen Planning Commission amend the Conditions of Approval and Findings of Facts and Decision by adding Condition 11: A survey showing the extent of the floodplain musts be provided. If portions of the septic system are within the floodplain, the applicant’s septic design must meet the requirements for septic systems within a floodplain, and if fill is to be added within the floodplain, the applicant must apply for and receive the required permits from the Minnehaha Creek Watershed District and a Conditional Use Permit from the City of Chanhassen. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Commissioner Noyes abstained. Commissioner Reeder moved, Commissioner Alto seconded that the Chanhassen Board of Appeals and Adjustments approves a wetland accessory structure buffer setback variance for the extension of a driveway, subject to the amended Conditions of Approval, and denies the requested wetland minimum buffer width and wetland principal structure setback variances, and adopts the amended Findings of Facts and Decision. Planning Commission Minutes – October 19, 2021 7 All voted in favor and the motion carried unanimously with a vote of 4 to 0. Commissioner Noyes abstained. Mr. Young-Walters clarified if staff receives an appeal in writing by any party, whether the applicant, a resident, or any other participant before 4:30 p.m. on Monday, this would go before the City Council on November 8, 2021. APPROVAL OF MINUTES: APPROVAL OF PLANNING COMMISSION MINUTES DATED OCTOBER 5, 2021 Commissioner Noyes noted the summary Minutes of the Planning Commission meeting dated October 5, 2021 as presented. ADMINISTRATIVE PRESENTATIONS: CITY COUNCIL ACTION UPDATE Mr. Young-Walters shared that the City Council had a work session discussion October 11, 2021 regarding the Westwood Church property. Mr. Generous shared that the City Council requested that the developer hold a neighborhood meeting to get input from residents. The City Council also discussed conditional uses versus interim uses in the fringe business district off Flying Cloud Drive. Staff recommended amending all of the conditional uses to interim uses so eventually they will go away when sewer and water come down to that area. City Council requested additional information on it and then will bring it back for further discussion at a work session. Mr. Generous noted the Council approved the Lakeshore Equipment outdoor storage CUP. Finally, there will not be a Planning Commission meeting on November 2, 2021 as that is Election Day. ADJOURNMENT: Commissioner Alto moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 8:20 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Jean M. Steckling