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11-16-2021CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 16, 2021 CALL TO ORDER: Vice Chair von Oven called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Laura Skistad, Eric Noyes, Mark von Oven, Erik Johnson, Doug Reeder, and Kelsey Alto MEMBERS ABSENT: Steven Weick STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Young- Walters, Associate Planner; and Erik Henricksen, Project Engineer PUBLIC PRESENT: Greg Dattilo 7201 Juniper Avenue Andy & Anne Larson 3705 S. Cedar Drive David Gestach 200 Chestnut Street, Chaska Vice Chair von Oven reviewed guidelines for conducting the Planning Commission meeting. PUBLIC HEARING: CONSIDER A REQUEST FOR LOT COVER, SETBACK (FRONT, SIDE, AND SHORELAND), AND OTHER VARIANCES FOR THE CONSTRUCTION OF A SINGLE-FAMILY HOME ON PROPERTY LOCATED AT 3703 SOUTH CEDAR DRIVE Associate Planner MacKenzie Young-Walters presented the staff report on this item, noting if the Planning Commission’s decision is less than a 75% majority this item will automatically move to the City Council. If anyone chooses to appeal the final decision of the Planning Commission the appeal would be needed by 4:30 p.m. on the following Monday in writing (letter or email). The property is zoned residential single-family, riparian lot, and Zoning Code requires these lots to have a 20,000 square foot minimum lot size. He stated this is a very small lot at 5,899 square feet and the lot currently has 47.4% lot cover. He walked through with the Commissioners the current setbacks and non-conformities on the property. The applicant is proposing to demolish the existing house and replace it with a new single-family home, as well as remove the front yard shed and the entirety of the paver patio system from the rear yard. Mr. Young-Walters stated the applicant has noted that the lot size does not permit the construction of a modern home and garage without variances, that they are maintaining the existing shoreland setback, and the proposal decreases the amount of impervious surfaces on the parcel by about 2.4%. A neighboring property to the west on a similarly-sized parcel received a very similar variance and the applicant feels the proposed home is consistent with what is currently in the neighborhood and what has been built recently. Staff agrees that the small lot size justifies the Planning Commission Minutes – November 16, 2021 2 setback and lot cover variances and noted that the property is not moving closer to the lake than the existing non-conforming structure, the driveway width and lot cover are being reduced, as well as patio and the shed. Staff is recommending approval of the requested setback and lot cover variances, as well as a buffer requirement. Greg Dattilo, applicant, believes he is being asked to give up the beach area for his grandkids and wonders what he will tell the kids when the sandy 10-foot beach is gone. He found this out earlier in the afternoon prior to the meeting and asked why he has to give up the beach in order to get the variances. In looking at other neighbors, he sees that they got his neighbor Pam to do it, but said two wrongs do not make a right. Commissioner Noyes noted in the packet it indicates that the applicant is willing to replace the beach area with a vegetative buffer and obviously that is not where they are at today. It was stated that replacing the sand with vegetation improves the property’s stormwater management. Noyes asked if there is another way to improve the stormwater management without affecting the beach. Mr. Young-Walters replied that areas by the lakes are the most sensitive regions and are incredibly important to preserve the quality of the water. The single best thing one can do to improve the water is vegetation as it stops soil erosion and prevents pollutants from making it into the lake. In 2018, the City Council adopted a plan that stated in order to protect these water bodies, they would require non-conforming lots to establish a vegetative buffer to protect the waterways. He noted Pam Reiner at 3617 Red Cedar Point also objected to the buffer requirement. Mr. Young-Walters said buffer averaging can be used to create a beach area; hypothetically the applicant could do a longer buffer section in one area and perhaps a beach area that the buffer could wrap around. It would be subject to engineering approval. Engineer Erik Henricksen noted there is an ability to have some beach with the vegetative buffer; the condition to have a vegetative buffer does not necessarily eliminate the beach itself depending on the design. Commissioner Skistad wonders on smaller lots whether they should look at the lot size and the amount of buffer required. Mr. Henricksen noted the DNR recommends anywhere from 25-50 feet of buffer, and also indicates that 10-20 feet can also provide some water qualit y benefits. For non-conforming lots, the minimum from a policy standpoint is 10 feet, however based on precedence from water resource coordinators and technical experts, 20 feet has been set as the precedent. Commissioner Reeder asked the applicant if it is possible to have a beach and put some of the vegetative buffer there. Mr. Dattilo replied, yes, as long as he can have a beach at least the same size. He wants to protect the lake, as well, and is good with the 10 feet. Vice Chair von Oven opened the public hearing. Planning Commission Minutes – November 16, 2021 3 Vice Chair von Oven closed the public hearing. Commissioner Alto believes they need to be very careful in approaching this as with a small lot size it sets precedent for developers who buy big lots and want to break them down into smaller lots. If the Planning Commission is willing to cave on some of these variances to allow people to have a bigger beach, it is more attractive to those developers. Commissioner Noyes heard what Commissioner Alto is saying but thinks if a developer came and asked to divide a large lot into a non-conforming lot the answer would be no. Chair von Oven is not worried as much about setting a precedent. He has a hard time believing that the lot has any effect on Lake Minnewashta because the lot is so small. He noted if there is time to table and work out a compromise or agreement he would be in favor of that. Commissioner Reeder would be hard-pressed to remove this beach that has been there for 100 years but would like to give staff the opportunity to come up with a solution that everyone can live with. Commissioner Skistad asked if the applicant could keep his beach and put a buffer in front of it. Mr. Young-Walters replied there would be the water, then the beach, and then 10 feet of buffer with a walkway and some averaging. Commissioner Skistad feels that would be a win-win as the applicant is willing to add preservation to the lake. Commissioner Reeder moved, Commissioner Noyes seconded to table the item and direct staff to work with the applicant to reach an agreement on the shoreline. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: APPROVAL OF PLANNING COMMISSION MINUTES DATED OCTOBER 19, 2021 Commissioner Noyes noted the summary minutes of the Planning Commission meeting dated October 19, 2021 as presented. ADMINISTRATIVE PRESENTATIONS: City Council Action Update Community Development Director Aanenson updated the Commissioners on approvals regarding the Avienda Preliminary Plat, the interim use for the Black Cherry Development, and an interim use for a berm on Foxwood Road. Planning Commission Minutes – November 16, 2021 4 Discuss Fringe Business District Reclassifying Conditional Uses as Interim Uses Ms. Aanenson stated with Highway 101 being open and that a corridor study for County Road 61 had been done. She clarified some uses down there are interim uses with an end-date and others are conditional uses that are in perpetuity, so staff wants to clean that up on those properties. Mr. Young-Walters shared that notices were sent to about a dozen property owners regarding an open house to discuss the changes on November 10, 2021. No one contacted the City or attended the open house. Ms. Aanenson noted the next Planning Commission meeting would be on Tuesday, December 7, 2021. ADJOURNMENT: Commissioner Skistad moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 7:59 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Jean Steckling Sr. Admin. Support Specialist