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1985 01 09 MINUTES CHANHASSEN PLANNING COMMISSION JANUARY 9, 1985 - Chairman Conrad called the meeting to order at 7:37 p.m. Members Present James Thompson, Thomas Merz, Susan Albee, Ladd Conrad, Bill Ryan, Howard Noziska, and Mike Thompson. Members Absent None ORGANIZATIONAL ITEMS Election of Chairman and Vice-Chairman H. Noziska moved, seconded by J. Thompson to nominate Bill Ryan for Chairman and Susan Albee for Vice-Chairman. All voted in favor and the motion carried. It was also noted that records of how each of the Commissioners voted for Chairman is on file at City Hall. The vote for Vice-Chairman was unanimous. e Approval of By-Laws J. Thompson moved, seconded by T. Merz to approve the by-laws as written. J. Thompson, Merz, Albee, Conrad, Ryan, and Noziska voted in favor and the motion carried. M. Thompson abstained. Interview of Commission Candidates The Planning commission interviewed eight candidates for the three present vacancies on the Commission. They included Thomas Merz, Howard Noziska, James Thompson, Steven Emmings, Karol Nielsen, Robert Siegel, Patrick Golden and Brian Byrne. Brian Byrne withdrew his application for the position after the inter- view. The Commissioners felt that Thomas Merz, Howard Noziska and James Thompson should be reappointed because they would be able to follow through on the review of the zoning and Subdivision Ordinances since they had a major part in the original revisions. M. Thompson moved, seconded by Albee to recommend the reappointments of Thomas Merz, Howard Noziska and James Thompson. All voted in favor and the motion carried. The Planning Commission feels it is extremely important for these Commissioners to stay on until after the ordinances are in place. The Commission also wanted to note that by a majority vote their next choice for the vacancy would be Robert Siegel. They were very pleased with the amount of response for the vacancies and hoped that they would consider reapplying in the future. - Planning Commission Minutes January 9, 1985 Page 2 e Subdivision Request #84-25 for Metes and Bounds subdivision of a 5 acre tract into two parcels. on property zoned R-la, Agricultural Residence, and located at 9201 Great Plains Blvd., Kevin and Valette Finger, applicant. Public Present Kevin Finger Al Klingelhutz Richard Eide Stanley Klein 6231 Wentworth Ave. S., Richfield 8601 Great Plains Blvd. 8910 Lake Riley Blvd. 9201 Great plains Blvd. Dacy explained that this item was tabled from the last meeting in order for the applicant to submit a revised plan and more soil tests could be made available. She stated that the revised plan divides the property in a north south direction and thus creating a landlocked parcel. She stated that with this plan only two variances would have to be granted, one to the Subdivision Ordinance which requires that all lots have public street fron- tage and the other for a lot area variance for .002 thousandths of an acre. She stated that the revised plan and the original plan are the only alternatives for the subdivision of the parcel. She stated that the original plan would have required the granting of 5 variances, the revised plan only two. e Albee moved, seconded by Noziska to close the public hearing. All voted in favor and the motion carried. J. Thompson and Merz felt that this was a problem situation and did not want to create landlocked parcels. Albee felt that the percolation tests were marginal. She did not want to create landlocked property and does not see this situation as causing an undue hardship. Noziska stated that he was uncomfortable with percolation tests that first fail and then pass. M. Thompson asked staff if dedication of a private road would solve the problem. Dacy stated a sixty foot easement could be created to serve the parcel; however, she was not sure about the feasibility of a pri- vate road. Albee moved, seconded by Merz, to deny the request because a landlocked parcel would be created and the marginal percolation tests. J. Thompson, Merz, Albee, Conrad and Ryan voted in favor. M. Thompson and Noziska opposed. Motion carried. e M. Thompson questioned the percolation tests and Noziska stated that he was not in full agreement with Albee's motion and voted against it for that reason. e Planning Commission Minutes January 9, 1985 Page 3 PUD Sketch Plan Review #84-2 for a planned Unit Development to subdivide a 12 acre parcel into four lots on property zoned R-la, Agricultural Residence, and located on the Ches Mar Farm property west of and adjacent to Hwy. 41, just north of Camp Tanadoona, David C. Bell Investment Co., applicant. Public Present Gary Kirt Paul prenevost 22410 Murray Street, Excelsior 2739 pine Circle e Olsen explained that this item had been tabled from the last meeting because the applicant was not present. She stated that the applicant is proposing to subdivide his property into four parcels with three lots containing one of the three existing structures and the fourth lot is the future site of the Herman house which was approved by the City Council. She stated that Mr. Kirt is currently renting the buildings and would like to have them under individual ownership to "keep the property up". She stated that each lot is serviced by its own septic system and there will be no additional development. She stated that the structures on the property existed before the adoption of the Zoning Ordinance and thus these structures are non-conforming uses in the R-la District. She stated that the existing struc- tures create a unique situation in that they are similar in design and style and form a cohesive unit and by rezoning the property to p-l, it would allow these structures and their current densities to remain as permitted uses. Mr. Kirt, the applicant, stated that he has invested money into the rehabilitation and maintenance of this property and is unable to continue to do so with what he is receiving from rent. He stated that if the Commissioners had any other ideas on how to subdivide this parcel he is willing to take a look at it. He stated that he just wants to sell the structures to individuals so that they are kept up because it is a unique and attractive area. He stated that they will be renovating the Herman house and want to keep that with the other structures on the six acre parcel. He said that they will not be subdividing the six acre parcel because the only place that a house could be put on is where the Herman house is going. He wants to keep the old barns, and fence the area to stay with the "theme" of the area. Albee stated that she does not want to set precedent of allowing development in R-la areas under 2! acres. She also felt these tracts are a poor way to encourage development in Chanhassen. e Mr. Kirt stated is at the point this situation. on this project that he is open to any of their suggestions and where there really is no other way to deal with He stated that they have spent alot of money and it is a negative cash flowing project. He e Planning Commission Minutes January 9, 1985 page 4 stated that the Herman house that they will be relocating and restoring will be a very expensive project. He stated that if the PUD is not the proper approach then he is open to any ideas. Ryan stated that because there would be no more development on the property the PUD would not be allowing any expanded use of the property. He stated that he is confused about the Herman house because the Planning Commission had not seen anything on it and knows absolutely nothing about it. He stated that since the City Council has allowed Mr. Kirt to move the Herman house in, they have already given him a fourth principle structure on the property. Chairman Conrad asked the other Commissioners if they had any suggestions and if not how they would react to this as a site plan. J. Thompson, Merz, Noziska and M. Thompson felt that they would probably approve it with the staff's recommendation of the enlargement of Outlot A to allow individual ownership and allow it to be a permitted use. proposed Subdivision Ordinance e Public Present Pat Swenson Al Klingelhutz 9015 Lake Riley Blvd. 8601 Great Plains Blvd. Dacy stated that on December 12, 1984 the Commission discussed some amendments. She stated that the Commission recommended that the term "procedure" be added to Section 4.1 (2) and to Section 4.1 (3). She added that Section 4.2 reflects the Commission's desire to have all properties in the City platted except for divisions of lots which add a portion of a lot to an abutting lot (Section 4.2 (l) and (2)). She also stated that the recommen- dation of the City Manager in his memo of December 10, 1984, was the redundancy and conflict between the proposed park dedication provisions in Section 8 and the existing regulations outlined in Ordinance No. 14. She stated that the City Attorney has con- sequently revised Section 8 to address the concerns of the City Manager as expressed in the memo referenced earlier. Dacy apolo- gized as the ordinance was inadvertently left out of the com- mission's packets; however, she stated that the items mentioned were the only ones that were amended. She also noted that letters were sent to the homeowners associations and to the Chamber of Commerce advising them of the hearings. e Pat Swenson stated that she was concerned about grades of the streets for safety reasons. She stated that maybe it should be stated that "wherever possible, grades within thirty feet of intersections or railroad crossings shall not exceed 3%". She also was concerned about double frontage lots. She would like a Planning Commission Minutes January 9, 1985 page 5 e provision~so that the exterior lots of a subdivision can face an existing road and then the new houses could back up to those. She stated that the way it reads now the houses would be facing the other direction. Al KIingelhutz said that he agrees with Pat Swenson regarding the double frontage lots. Ryan stated that this was addressed in the rewrite of the ordi- nance. He stated that if the lot backs on a major thoroughfare then additional landscaping is required. Pat Swenson stated that Lake Riley Boulevard is not a major thoroughfare, it is a small street and it would not effect the development. She stated that this would prevent appreciation of our homes and would like to see an allowance for special cases for existing residences facing existing streets. Al Klingelhutz stated that he objects to a simple subdivision in the unsewered area requiring a plat instead of metes and bounds for three lots or less. e Noziska moved, seconded by Ryan to close the public hearing. All voted in favor and the motion carried. Albee moved, seconded by Noziska, that the Planning Commission recommends approval of the proposed Subdivision Ordinance as revised on December 14, 1984 and noting the comments from this meeting. J. Thompson, Merz, Albee, Conrad, Ryan and Noziska voted in favor. M. Thompson opposed. Motion carried. M. Thompson stated that he was opposed because he did not have the ordinance to see the changes. Subdivision Request #84-26 for subdivision of a 1.5 acre parcel into two parcels on property zoned R-l, single Family Residence and located at 7550 Great Plains Blvd., Dick Kolbinger, appli- cant. Public Present Dick Kolbinger 7550 Great plains Blvd. e Dacy stated that the applicant is proposing to split his 1.45 acre parcel into two parcels. She stated that the existing house is serviced by a driveway over a 33 foot easement and this ease- ment also serves two other properties. She stated that the pro- posed split meets the requirements of the R-l District and the Subdivision Ordinance but the grade on the newly created lot abutting Frontier Trail contains a very steep grade which poses some concerns regarding the proposed area of construction on the e e e Planning Commission Minutes January 9, 1985 Page 6 site. She stated that there are housing construction alter- natives that can accommodate this steep grade, but recommended that when a building permit is filed the plans and drawings be certified by a licensed architect or engineer. She also added that it was recommended to the applicant that the subdivision be platted because of the many metes and bounds descriptions in this area. Chairman Conrad asked the applicant if he had any problem with staff's recommendation. Mr. Kolbinger stated that he did not. Albee moved, seconded by J.Thompson to close the public hearing. All voted in favor and the motion carried. Albee moved to recommend approval of the subdivision request with staff's recommendations. The Commissioners asked staff why the building plans and specifi- cations had to be certified by an architect or engineer. Dacy stated that it was a precaution in order to address the severe slope of the newly created lot. The Commissioners felt that the second condition of staff's recommendation was unnecessary. Albee withdrew the motion. Merz moved, seconded by M. Thompson to recommend approval of subdivision Request #84-26 as depicted on the survey stamped Received January 3, 1985 subject to the following condition: 1. That the subdivision be put into a plat format. J. Thompson, Merz, Conrad, Ryan and M. Thompson voted in favor. Noziska opposed. Albee abstained. Noziska felt that the second condition should be included in the recommendation. Conditional Use Permit Request #84-20 for contractor's yard acti- vities on property zoned R-la, Agricultural Residence District and located at 7300 Galpin Blvd., Theodore Bentz, applicant. Public Present Theodore Bentz John Hennessy Al Klingelhutz 7300 Galpin Blvd. 7305 Galpin Blvd. 8601 Great Plains Blvd. Planning Commission Minutes January 9, 1985 Page 7 e Olsen stated that the applicant is applying for conditional use permit approval for the continuation of contractor's yard activi- ties on his premises. She stated the that the applicant has nine vehicles which are stored in the two storage facilities on the property. She stated that the applicant indicated that he may hire up to four employees and the vehicles leave and return to the site between 7 a.m. and 7 p.m. She stated that the parcel is located on a collector street and because the vehicles are stored inside staff is recommending approval with the conditions that the operation not be expanded unless granted by a conditional use permit and the vehicles must be stored within a building or the outside vehicle storage area, which must be screened on all sides with adequate fencing of at least six feet in height. Mr. John Hennessy stated that he had no objections to this request. He stated that he lived across the street from Mr. Bentz for four months before they knew he was running a business. Albee moved, seconded by Noziska to close the public hearing. All voted in favor. Merz moved, seconded by Noziska to recommend approval of Conditional Use Permit Request #84-20 for contractor's yard acti- e vities at 7300 Galpin Blvd. subject to the following conditions: 1. Expansion of the existing operation beyond what has been represented in this applciation must be approved by a con- ditional use permit. 2. All equipment must be stored within a building or the outside vehicle storage area must be screened on all sides with ade- quate fencing of at least six feet in height. J. Thompson, Merz, Albee, Conrad, Ryan and Noziska voted in favor and the motion carried. M. Thompson abstained. Sketch Plan Review #84-3 for eight townhouse units on property zoned p-l, Planned Residential Development and located in the northeast corner of the Lake Lucy Road - Galpin Blvd. inter sec- tion, Paul Palmer, applicant. Public Present Paul Palmer e Olsen stated that the applicant is proposing eight passive solar townhouses to be constructed on a 2.74 acre parcel zoned P-l. She stated that the p-l district allows townhouses as permitted uses and the site is also designated as Residential Low Density Planning Commimssion Minutes January 9, 1985 Page 8 e which allows a density of 1 to 3.4 dwelling units per acre. She stated that the proposed townhouses on 2.74 acres equals a den- sity of 2.92 units per gross acre. She stated that each townhouse has a two car garage and eight additional parking spa- ces are provided. She added that staff is recommending the single parking space located at the northeastern part of the parking area be moved to one of the central parking areas because it is too close to the adjacent property to the north. She stated that the site has a steep southern slope facing Lake Lucy Road and there are two low areas in the southwest and southeast corner. She said the southeast corner is being proposed for drainage and aesthetic purposes. She stated that landscaping is being proposed along Lake Lucy Road and around the proposed pond and townhouses which will be maintained by a homeowners asso- ciation. She stated that the proposed site plan clusters the units to one area of the site, making the best use of the buildable area. Albee asked the applicant if he had any objections to staff recommendations. Paul Palmer stated that the only one would be the road because there is an existing road that is in that services the apart- ments. e Olsen stated that the City Engineer and the County would have to resolve the location of the driveway. Paul Palmer stated that the existing vegetation on the west border does need to be trimmed back for adequate site distance. Ryan asked about the pond that was going to be created if there was any recognized wetland on the property. The applicant stated no. The applicant also stated that he has talked with just about all of the neighbors in the area. He stated that they all were in favor of the plan. The Commissioners felt that it was important to stay in contact with the neighbors and they all liked the sketch plan. Approval of Minutes J. Thompson moved, seconded by Albee to approve the December 12, 1984 minutes as written. All voted in favor and the motion carried. Old Business e Dacy asked the Commissioners if she could have their authoriza- tion to write Mr. and Mrs. Carlson a letter stating that the Commission would like to see their application taken care of within the next month. The Commissioners were in agreement with that.