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1977 01 12 - \.. REGULAR PLANNING COMMISSION MEETING JANUARY 12, 1977 - Hud Hollenback called the meeting to order at 8:00 p.m. with the following members present: Dick Dutcher, Roman Roos, Les Bridger, Walter Thompson, and Jerry Neher. Mal MacAlpine was absent. Councilman Geving came at 9:00 p.m. PUBLIC HEARING CONDITIONAL USE PERMIT APPLICATION EUGENE SUSEMIHL JANUARY 12, 1977, AT 8:00 P.M. Hud Hollenback 'called the hearing to order with the following interested persons present: Eugene Susemihl, 9245 Riley Lake Blvd. Ron Ytzen, 9227 Lake Riley Blvd. Gail Tessness, 9301 Lake Riley Blvd. Lillian H. Hague, 9247 Lake Riley Blvd. - The City Planner read the official notice as published in the Carver County Herald. The City Planner gave his report. The property is zoned R-land in this district tool sheds are a conditional use. The City Plan proposes that this area assume a residential identity. In addition to local ordinances, watershed district concerns, owners of real property which abut pUblic waters, are also required, when developing, to follow the Department of Natural Resources Rules and Regulations for the management of shoreland waters. Lake Riley is classified as a recreational development lake. Within the area abutting recreational development lakes, lots that do not have sanitary sewer and water must be a minimum of 40,000 square feet. This lot is approximately '13,500 ,square feet. The placement of structures have to be at least 75 feet from the ordinary high water mark but the rules and regulations of the Shorelarid Management Act allow for the construction of boat houses within this 75 foot area. However, the City of Chanhassen subjectively, a number of years ago, said we don't want our lakeshores cluttered up with boat houses. Mr~ Susemihl is proposing to construct a 22' x 14' tool shed 32 feet from his east property line. The' City Planner' recommended denial of this permit as it appears this tool shed is circumventing the intent of the City to disallow boat houses. It is in ~act a boat house by its mere existence to close proximity to the lake in the area reserved for such. The placement of the structure does not comply with the setback requirement of the Shoreland Management Act and the placement of the structure may affect the lake view of adjacent property owners. A petition dated October 12, 1976 i signed'.bypersons objecting to the tool shed was previously submitted to .the City. Craig Mertz reminded members to consider Section 23.06 for the standards for the issuance of a conditional use permit. . Eugene Susemihl - I went in and saw Jerry'Schlenk about it and he accepted payment for' a permit and t'o,ldme he would mail .it out the next day.' I never did get,'it. Then up came this noise about getting a conditional use permit. I paid for the. permit on.Septembex 30:th. I have not received the money back or anything. He said something about ~....,___ . , 0' Public Hearing January 12, 1977 -2- J 75 feet from the water line of the lake but he said that only pertains to a house not to a lawn storage shed. ~ Hud Hollenback - Is it a tool shed, a garage or a boat shed? '. Eugene Susemihl - I asked for a lawn shed permit for storing of lawn tools. I do have a boat in it but it's back off the lake. It's not where you would pull a boat into it. The boat I have in there I don't use on that lake. It's just for the winter months. Les Bridger - Are you indicating that this structure has been completed? Eugene Susemihl - It was moved in. I had a lawn shed on the same location for five years. When they told me I could get the permit I moved it out of the way and sold it. Jerry Neher - Was it in prior to your applying for a permit or after? Eugene Susemihl - It was moved in before that. I had a lawn shed there all the time and I didn't even realize you needed a permit for a structure like that. Jerry Neher - How big was the storage shed? Eugene Susemihl - 14' x 10'. Lilliam Hague - I live right next door. He had mentioned it before that he was going to put in a shed. That was fine. All of a sudden I come home one day and the garage was there. He has got a foundation on it and everything and no permit. It blocks my view. I just can't see the lake and ,that's why I bought 'my property for. He mentioned._ had a small one. That was one of those metal ones. It has been up since September. Roman Roos - Being new on the Planning Commission, the City of Chanhassen as far as it's policy on boat houses, when was this effective? Bruce pankonin - They debated this issue for a number of years. They explicitly excluded them as accessory uses on lands zoned R-l. They just didn't want to clutter up the lakeshore with boathouses. ' Ron ytzen - I live on Lake Riley. I am not an immediate neighbor. My understanding is that lakes are for people to enjoy, water sports and just being on the lake and looking at the lake. I thlnk the less clutter we have around 'the ,lakeS the better people are going to be. That's why we have all these rules and regulations is to prohibit all of this stuff. I think this particular garage is just one more encroachment on all of these rules and regulations. I think we should try and keep the lake as natural as we can. Lillian Hague - That small shed I could see over it. I could see around it. I could see the lake. It was there when I came an~'I thought,okay it was there. It 'really didn't bother me because I could still see the lake. This huge ..... monster, it's there. Like I say I got the Winnebago " , in my kitchen window I can't even see the road when I look out my kitchen window. 1 Public Hearing January 12, 1977 -3- - Gail Tes'sness - I did sell Lillian the home. I do sell real estate. I would like to go on record as saying that I do feel that with the building in the location that it's at that it would lower the value of her property. Not only out her living room patio windows is the garage that blocks her view from the lake but then on the read side; I believe there is an ordinance as far as Winnebagos being in front yards, she has that to contend with because he has that up to the edge of the road so she cannot see-the road or anybody coming. So she has it from both ways. Idothink it is lowering the value of her property. A motion was made by Jerry Neher and seconded by Walter Thompson to close the pufulic hearing. Motion unanimously approved. Hearing closed at 8:30p.m. Don Ashworth City Manager REGULAR PLANNING COMMISSION MEETING JANUARY 12, 1977 A.d .H COMMISSION 'ORGANIZATION: - - CHAIRMAN: Les Bridger nominated Mal MacAlpine as Chairman. Jerry Neher seconded the nominat~on.A motion was made by Dick Dutcher and seconded by Roman Roos to close nominations. Motion unanimously approved. Mal MacAlpine was declared Chairman of the Planning Commission. VICE CHAIRMAN:Les Bridger nominated Dick Dutcher as Vice Chairman. Roman Roos seconded the nomination.' A motion was made by Jerry Neher and seconded by Walter Thompson to close nominations. Motion unanimously approved. Dick Dutcher was declared Vice Chairman of the Planning Commission. RULES OF ORDER: A motion was made by Walter)'I'hompson and seconded by Dick Dutcher that the Planning Commission conduct business to the Roberts Rules of Order. Motion unanimously approved; MEETING NIGHTS: Amotion was made by Walter Thompson and seconded by Jerry Neher that regular Planning Commission meeting nights be the second and fourth Wednesdays of every month at 8:00 p.m. The first meeting of every month be reserved for developer's petitions and the second meeting of each month shall be solely reserved for Planning Commission business. Motion unanimously approved. AGENDA SYSTEM: Amotion was made by Dick Dutcher and seconded by Walter Thompson that all meetings be donducted'on the agenda system and said agenda be closed 14 days prior to the next meeting. Motion unanimously approved. tit SIGN COMMITTEE: A motion was made by Dick Dutcher'and seconded by Walter Thompson that Jerry Neher be appointed to the Sign Committee. Motion' unanimous ly approved. ' -o-..il Planning Commission Meeting January 12, 1977 -4- t BOARD OF ADJUSTMENTS AND APPEALS: A motion was made by Les Bridger and seconded by Walter Thompson that Roman Roos be the Planning Commission's representative to the ~oard and Adjustments and Appea~ ~ and Jerry Neher be the alternate representative. Motion unanimousl y .. approved. ECOLOGICAL COMMITTEE: A motion 'was made by :Jerry Neher and seconded by LesBridger that Dick Dutcher by the Planning Commission's representative on the' Ecological :Committee. Motion unanimously approved. PARK AND RECREATION COMMISSION: A motion was made by Les Bridger and seconded by Jerry Neher that Walter Thompson be the Planning Commission's liaison to the Park and Recreation Commission. Motion unanimously approved. COMMUNITY FACILITIES INTERillM STUDY COMMITTEE: A motion was made by Roman Roos and seconded by Walter Thompson that Les Bridger be the Planning Commission's representative on the Community Facilities Interim Study Committee. Motion unanimously approved. CONDITIONAL USE PERMIT APPLICATION - EUGENE SUSEMIHL: A motion was made by Dick Dutcher and seconded by Jerry Neher to recommend the Council deny the conditional use permit application for Mr. Susemihl. Motion unanimously approved. Jerry Neher - There are already a minimum of two violations to the ordinance. They are acting after the fact because the thing is already done. We have been trapped in to many of those-cases. One violation is the fact that it was e moved in without the building inspector inspecting it. Number two it was moved in there before an application for building permit was applied for. Besides taking into consideration the devaluation of the neighbors property, I can't go along with it at all. Walter Thompson - I don't think the procedures have been followed. I think there has been violations, not only city ordinances but some others. It definitely has an effect on the value of the adjoining property. Hud Hollenback - My reasons are for the obvious also. Les Bridger - The placement of the structure is not complying with the Shoreland Management Act. It is a valid point in the devaluation of theproperty.ln.lookin~ at the photographs, ':if they depict what is. true and correct, I can see where 'an-adjoining 'property 'owner would be concerned and I think.they would be rightfiully concerned here. RomanfRoos - I guess I concur with Les. The building was accomplished without a permit. Dick Dutcher - I concur with the others comments. Two of the condiBions of granting a conditional use permit are not and cannot .~ be satisfied. ... A motion was made by Roman Roos and seconded by Dick Dutcher that the next City Newsletter have an article discussing zoning in general, some of the new ordinances, not only city ordinances but state regulations, .. . . e e Planning Commission Meeting Janu~ry 12, 1977 -5- that affect each of us and our own property (when a building permit would be required, such as a new roof, where you can put a structure next to the shoreline). Motion unanimously approved. MINUTES: A motion was made by Dick Dutcher and seconded by Jerry Neher to approve the November 30, 1976, Planning Commission and Council minutes. The following voted in favor: Hud Hollenback, Roman Roos, Jerry Neher, and Dick Dutcher. Les Bridger and Walter Thompson abstained. Motion carried. A motion was made by Jerry Neher and seconded by Walter Thompson to approve the December 8, 1976, Planning Commission minutes and continuation of public hearing minutes. Motion unanimously approved. DUNN SUBDIVISION - LYMAN BLVD: Ed Dunn and Stelios Aslanidis were present. The purpose of this discussion is to give the Council the Plann-ing Commission I s feelings on a proposed subdivision of land on Lyman Blvd. The City Planner believes that because of City Ordinance restrictions, Ordinance 45, that it prohibits the platting of land that is not sewered. He suggested that the Dunn subdivision be denied and not proceed any further. As a City Planner he does believe that there may be locations for large lot estate-type developments in the city in the future. The Council must develop provedures, standards, etc. for judging estate-type developments if they deem them to be appropriate land uses. Until these standards are developed he does not feel there is any option but to place this proposed subdivision in hold. A motion was made by Jerry Neher that the Planning Commission put a hold on this until such time as an amendment is made to Ordinance 45 or that they take the other process to ask for a variance. Motion died for lack of a second. A motion was made by Les Bridger and seconded by Walter Thompson that the Planning Commission recommends through the comprehensive planning process the City pursue inclusion of estate~type of developments within its corporate limits and that the city through the comprehensive planning process development standards and criteria to judge future estate- type developments. The following voted in favor: Hud Hollenback, Les Bridger, Walter Thompson, Roman Roos, and Jerry Neher. Dick Dutcher abstained. Motion carried. ECOLIDGICAL COMMITTEE: Dick Dutcher reported that the questionnaire will be included in the next City News Letter. A motion was made by Jerry Neher and seconded by Walter Thompson to note the Ecological Committee minutes of December 9, 1976, and City Council minutes of December 13, December 20, 1976, and January 3, 1977. Motion unanimously approved. Members thanked Hud for Chairing the Planning Commission for the past year. A motion was made by Roman Roos and seconded by Les Bridger to adjourn. Motion unanimously approved. Meeting adjourned at 10:30 p.m. Don Ashworth City Manager