PC Minutes 10-19-21CHANHASSEN 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
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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.