PC Minutes 03-01-22CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MINUTES
MARCH 1, 2022
CALL TO ORDER:
Chairman von Oven called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Mark von Oven, Eric Noyes, Laura Skistad, and Kelsey Alto
MEMBERS ABSENT: Steven Weick, Erik Johnson, and Doug Reeder
STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Young-
Walters, Associate Planner; Erik Henricksen, Project Engineer; Joe Seidl, Water Resources
Engineer
PUBLIC PRESENT:
Todd Degler and Gayle Degler 9111 Audubon Road
Elise Bruner and Brian Bruner 6609 Horseshoe Curve
Rob Schatzle, RSI Marine 1533 3rd Avenue W., Shakopee
Jon Rausch, Cushman and Wakefield 3500 American Boulevard W., Bloomington
PUBLIC HEARING:
DEGLER FARM: CONSIDER A REQUEST TO AMEND INTERIM USE PERMIT
#2021-13 TO EXTEND THE TERMINATION DATE OF THE PERMIT
Kate Aanenson, Community Development Director, presented the staff report on this item,
noting this is a request to amend the Interim Use Permit (IUP). She noted the property is guided
agricultural and office industrial and is following the current zoning use on the IUP. The current
request for the property is for Agritourism and the Applicant is asking to amend the original
termination date of the IUP of five years. For the Applicant to plan and make investments in the
property they wanted to extend the time period in order to make decisions going forward. Ms.
Aanenson stated Staff recommends approval of the amendment to extend the termination date to
50 years.
Todd Degler and Gayle Degler, Applicants, shared that the Degler Farm had a great year, the
weather was cooperative, a lot of people showed up, they had positive feedback, and it was a
successful year.
Chairman von Oven opened the public hearing.
Chairman von Oven closed the public hearing.
Commissioner Noyes moved, Commissioner Skistad seconded that the Chanhassen
Planning Commission recommends the City Council approve an amendment to Interim
Planning Commission Minutes – March 1, 2022
2
Use Permit #2021-13 regarding Agritourism at 9111 Audubon Road to extend the
termination date to 50 years; and adopt the Findings of Fact and Recommendation. All
voted in favor and the motion carried unanimously with a vote of 4 to 0.
PUBLIC HEARING:
6609 HORSESHOE CURVE: CONSIDER A REQUEST FOR SETBACK AND
MAXIMUM SIZE VARIANCES FOR A WATER-ORIENTED ACCESSORY
STRUCTURE (WOAS), A VARIANCE TO ALLOW A SIX-FOOT, SIX-INCH HIGH
OPAQUE FENCE (GATE) WITHIN THE REQUIRED FRONT YARD SETBACK AND
A VARIANCE REQUEST FOR A FRONT YARD PARKING PAD
MacKenzie Young-Walters, Associate Planner, presented the staff report on this item, noting the
Applicants submitted and received two variance requests from the City’s bluff ordinance and the
Applicants have submitted a third variance request and demonstrated that the City’s bluff
ordinance did not apply to their property. He noted this is a continuance of a tabled variance
request from October 19, 2021. Mr. Young-Walters shared the approximate lot size is 27,800
square feet with hardcover at 23% and currently has a water-oriented accessory structure
(WOAS), 19% driveway grade, and the southern portion of the property is encumbered by a
sanitary sewer easement which runs under the WOAS and under the proposed location for the
expanded WOAS. He noted the issue of a non-conforming use will be discussed and clarified
and is something that was previously permitted but is no longer permitted due to change in the
City Code. Mr. Young-Walters stated a non-conforming use cannot be created when the
homeowner modifies their property in a way that brings it out of compliance with City Code. He
shared there is a three-factor practical difficulty test including reasonableness, uniqueness, and
essential character, as well as language in State Statute that states variances are only permitted
when in harmony with the general purposes and intent of the ordinance and must be consistent
with the Comprehensive Plan. The Applicant is proposing a 6.5-foot opaque gate within the front
yard setback, a 300-square foot front yard parking pad, and a 357.5-square foot WOAS. Mr.
Young-Walters noted the Applicant has stated that the front yard parking pad has existed since
1999 and should be considered a non-conforming use, that an 11x12 shed is the minimum size
needed to store a good canoe and other water equipment, and note that by putting it off to the
east side they minimize visibility as the WOAS ordinance calls for. The Applicant has also noted
that Code has a provision allowing up to 400 square feet of WOAS if that structure is used solely
for the storage of boats and boat equipment and the total they are proposing is less than that.
Also, the security gate in this configuration and non-open configuration is the only means to
address the Applicant’s security concerns, most of which stem from the possibility of vehicles
entering the steep driveway and not being able to stop due to slippery or wet conditions. Mr.
Young-Walters shared that front yard parking pads have not been allowed in the City since 1986,
and shared history of City ordinance, driveway access, parking pads, and showed the proposed
plans on screen. Staff cannot agree that this is a non-conforming parking pad and cannot support
the requested variance to permit a parking pad and a second driveway access for the property.
Regarding the front yard gate, the City treats gates as part of fences and has always subjected
them to the requirement of the City’s fence ordinance. Privacy-style gates are not considered
open and the Applicant is proposing a privacy-style gate which Staff does not believe is in
keeping with the character of the neighborhood. Staff cannot support the request for a privacy-
style gate within the front yard setback. Regarding the WOAS, Staff has included a letter from