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1977 09 14 REGULAR PLANNING COMMISSION MEETING SEPTEMBER 14, 1977 . Mal MacAlpine called the meeting to order at 7:30 p.m. with the following members present: Jerry Neher, Walter Thompson, Hud Hollenback, Les Bridger, Roman Roos, and Dick Dutcher. PUBLIC HEARING MINNESOTA POLLUTION CONTROL AGENCY'S NOISE STANDARDS The Chairman called the public hearing to order. No one from the public was present. The official notice was published in the Carver County Herald. Staff recommended that these standards be adopted by reference and the Zoning Ordinance be amended to include these standards. Bob Waibel - The existing PCA Noise Standards have the force of law within the City. We simply want to have Chanhassen be the administrative enforcing unit rather than PCA. It was decided to invite a representative from the PCA to appear before the Planning Commission to explain the standards prior to Planning Commission action. Hud Hollenback moved to close the public hearing. Motion seconded by Walter Thompson and unanimously approved. Hearing closed at 7:50 p.m. e MINUTES: Dick Dutcher moved to approve the August 10, 1977, Planning Commission minutes as written. Motion seconded by Hud Hollenback. The following voted in favor: Hud Hollenback, Dick Dutcher, Jerry Neher, Les Bridger, Roman Roos, and Walter Thompson. Mal MacAlpine abstained. Motion carried. R-lB REZONING: The planning Commission received one letter in opposition to the rezoning. The Planning Commission held a public hearing on August 10 to consider rezoning a portion of Carver Beach, Red Cedar Point, Shore Acres, and St. Hubertus from R-l to R-lB. e Bruce pankonin - Since the public hearing I undertook a study to determine if existing platted lots are in conforrnitywith existing zoning regulations. This study analyzed all subdivisions in the City and reveals that not only is St. Hubertus, Shore Acres, Carver Beach, and Red Cedar Point substandard but the vast majority of Chanhassen Estates is non-conforming; all Scholer's Addition does not comply along with Highland, Western Hills First; Minnewashta Heights, Minnewashta Manor, and Minnewashta Shores for the most part are non- conforming. It's interesting in that four of the seven Planning Commission members live on substandard lots. The problem is farther reaChing than we anticipated. I think these people have vested rights in the piece of property that they bought and they shouldn't be restricted to a number of bureaucratic encumberances when a building permit is requested. However, I think if they were going to utilize a lot for purposes for which it is prevently zoned he should adhere to the setback provisions of todays standards. What staff is saying, let's forget about the R-lB right now because the problem is farther reaching than anticipated, let's make a blanket statement in the ordinance so if we have a platted lot of record it shall be determined buildable provided it has frontage on a public street and said space requirements for the district for which it is located or a platted lot Planning Commission Meeting September 14, 1977 of record upon the effective date of this ordinancw which is in an "R" district and which does not meet the requirements of this ordinanc. as to area or width, may be utilized for single family detached dwelling purposes provided the measurement of such area, width or open space are within 50% of the requirements of this ordinance. Provided, sanitary sewer and water is in place and in service to the property, the City has assessed for sanitary sewer and water trunk lateral units and new structures shall meet all appropriate setback requirements. The four Planning Commission members owning non-conforming lots are: Dick Dutcher, Hud Hollenback, Jerry Neher, and Roman Roos. Hud Hollenback moved that based on the testimony at the public hearing and written testimony received, that the Planning Commission recommends to the Council that they not consider the rezoning of Red Cedar Point, portion of Carver Beach, Shore Acres, and St. Hubertus to an R-1B District due to the magnitude of the problem. Motion seconded by Dick Dutcher and unanimously approved. Dick Dutcher moved to hold a public hearing October 12, 1977, at 7:30 p.m. Rather than enacting an amendment which is peculiar to a limited number of subdivisions in the City that an amendment that would be applicable to the City as a whole be adopted to provide some uniform measure of consistency for existing platted property taking into consideration the wishes of the City for its future development. Motion seconded by Roman Roos and unanimously approved. VARIANCE REQUEST- ADOLPH TESSNESS: Adolph Tessness was present requesting a variance to Section 15.02 of the Subdivision Ordinance. The property is located between Bandimere Heights and Shore Acres and is served by an easement. Sewer and water are not available to the property. The Council will deal with the issue of the moratorium on building in unsewered areas. e Bruce Pankonin - The Planning Commission, when reviewing the feasibility plan for installation of sanitary sewer into the Lake Riley area, recommended a street extension extend from Lake Riley Blvd. through the subject property to Kiowa and also that these properties between Bandimere Heights and Shore Acres be served with sewer. The City Council did not accept the Planning Commission recommendation. It appears that there is no feasible alternative to extend municipal streets and utilities to the subject property at this time. I recommend the Planning Commission find this variance request to construct a single family home on this property to be consistent with the City's Plan for land use, zoning, and subdivision; provided, the structure be at least 80 feet south of the north property line, 10 feet from the side yard .and meet the shoreland management requirements. Adolph Tessness - This lot was platted in 1954 and at that time there was a 33 foot easement given across the north end of it so it does have legal access to Kiowa. It does not abut on a public ~ roadway. . Dick Dutcher moved that the Planning Commission recommend the Council approve the application.Eor variance to the Subdivision Planning Commission Meeting September 14, 1977 -3- . Ordinance Section 15.02 with the provision that the structure be at least 80 feet south of the north property line. The Planning Commission realizes the Council will have to review the fact that this property is not sewered. Motion seconded by Jerry Neher and unanimously approved. SUBDIVISION REQUEST - DAVID LARSON: Mr. Larson was present seeking approval to subdivide his 3.45 acres on Pleasant View Road into three residential building lots. Sewer and water are in place. The lots to be created meet or exceed the minimum requirements as set forth in the city's plan for land use, zoning and subdivision. The Planner recommended the Planning Commission look favorably on the request and instruct Mr. Larson to proceed to preliminary plat. Members commented on the proposal. Hud Hollenback - I approve of the concept. Dick Dutcher - So do I. He is being very sensitive to the land, the vegetation and the topography and I encourage him to proceed. Mal MacAlpine - I echo those sentiments. e SUBDIVISION REQUEST - JOHN HUNSINGER: John and Elmer Hunsinger were present seeking approval to divide property in the NE and NW quadrants of Kings Road and Minnewashta Parkway into five lots and rezoning to R-l. The property is zoned R-IA. Sewer and water are not in to the property although lines presently follow Minnewashta Parkway. Subdivision of this property requires Kings Road to be upgraded to public street standards. This upgrading will minimally require 8.5 feet of the property for right-of-way purposes, subsequently reducing areas of Lots A, B, C, and D to 14,700 square feet and necessitating a lot area variance of 300 square feet per lot. The rezoning and subdivision will require the installation of sanitary sewer. The Planner's Office recommended that at this time the Planning Commission restrict their comments to the consistency of the applicant's request to the City's Comprehensive Plan. The applicant should petition for the extension of sanitary sewer to the property and dedication of Kings Road to the standards of local streets. A feasibility study for sewer was previously completed by the City Engineer. Mr. Hunsinger was instructed to meet with the City Engineer to resolve the sewer issue and revise the lot lines to meet 15,000 square feet and prepare a preliminary plat. e SUBDIVISION REQUEST - GEORGE WAY: George Way, Wes Searles, and Louis Zakariasen were present seeking approval to divide 1.85 acres at 3831 Red Cedar Point Drive into two lots. Bob Waibel gave a report. The property is served by sanitary sewer and water. The proposed split line follows the alignment of the existing sewer and water easement and access road to the residences south of the property. The proposed access road will need to be studied for possible alternative alignment to facilitate the applicant's request. The City Engineer will meet with Mr. Way to resolve the problem of the location of the access road to serve the homes to the south. Planning Commission Meeting September 14, 1977 -4- SUBDIVISION REQUEST - ROBERT SOMMER: Mr. Sommer was present seeking approval to subdivide Lot C Bardwell Acres into two lots. Sanitary sewer is available to the property. The proposed lots comply with the area requirements of the R-l District. . Mr. Sommer was instructed to prepare a short plat. APPOINT NEW CHAIRMAN: Mal MacAlpine submitted his resignation as Chairman of the Planning Commission. His resignation was not accepted. ECOLOGICAL COMMITTEE: Dick Dutcher gave a report on the public meeting with the DNR. TRAFFIC PROBLEM ON SANTA FE TRAIL: Members discussed the report prepared by Bob Waibel regarding a traffic speed survey conducted on August 9, 1977, and suggested staff write a letter to the petitioner with this data attached. Hud Hollenback moved to recommend the Council do nothing with the Santa Fe Trail traffic problem. Motion seconded by Walter Thompson and unanimously approved. Roman Roos moved to adjourn. Motion seconded by Dick Dutcher and unanimously approved. Meeting adjourned at 10:30 p.m. Don Ashworth City Manager e e