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1981 11 18 e e e APPROVED 0'" J2~:::t. ,,, ~-1-'!f"~ MINUTES OF THE REGULAR CHANHASSEN PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1981 AT 7:00 P.M. CHANHASSEN COUNCIL CHAMBERS j:"d f'\ ~ f.:"t, , ~.'o \ V, I- ,,,I i ""'-') ..... "....t:.. Q r\' , ~ vtv ~ Members Present: Chairman Art Partridge, Carol Watson, Ladd Conrad, Howard Noziska, Jim Thompson, Walter Thompson, Mike Thompson. Members Absent: None Staff Present: Bob Waibel Discussion, Planning COmmission Work Schedule The Planning Commiss.ion reviewed the proposed 1982-83 Planning Commission Work Program, dated November, 1981. The Planning Commission felt that this was complete and that there were no additions or subtractions at this time. The Planning Commission also found that the order of priority of the projects was acceptable. Subdivision and Replat Request, 3 Single Family Lots on Lake Riley Blvd., Robert gogers, Public Hearing: Present: Tom Rogers Robert Rogers Partridge asked Mr. Rogers about the road that had been vacated. Rogers stated that when the road was vacated, the road right-of- way was dedicated to him. It was asked where the gas company would put in their easement. Bob Waibel, City Planner, indicated that that would have to be worked out with the applicant and the gas company. Planning Commission Minutes November 18, 1981 Page 2 e Waibel presented a letter from the DNR regarding this application. The letter stated that the Shoreland Management requirements of 20,000 square feet per lot should be upheld. They indicated that there is a lack of hardship on this request. They stated that the DNR cannot support a subdivision which doesn't conform to the Shoreland Mangement requirements. The staff's recommendation fOr denial was because of the sewer policy, assessing benefits for 15,000 square foot basis. Partridge indicated that the total area being divided is some- where under an acre. The proposed lot sizes are between 12,000 and 13,000 square feet, all of which are under the minimum lot size for that area. Partridge stated that there is sewer available to the property. There are 2 existing sewer assessments on the property. T. Rogers indicated that there are 3 sewer hOOk-ups, he doesn't know if he is paying for 2 or 3 assessments. R. Rogers explained that this is being divided for economic reasons. He has sewer in the street that he did not want. R. Rogers doesn't quite understand what the DNR means. Waibel explained that the DNR is worried about the intensity of the property. They would like to see the lots larger. e W. Thompson made a motion to close the public hearing. J. Thompson seconded the motion. All voted in favor and the motion carried. Partridge explained to the Planning Commission, that the lots as they stand now, could be given building permits with variances. M. Thompson asked how long R. Rogers has owned the property. R. Rogers indicated that he has owned the property since 1957. The property was platted into 50 foot lots before that time. A motion was made by J. Thompson to recommend to the City Council to deny this subdivision request based on inadequate lot size and that the Planning Commission suggests a maximum of 2 lots. Second was made by C. Watson. All voted in favor and the motion was carried. Rogers asked if the Planning Commission would consider 15,000 square foot lots. Partridge stated that the Shoreline Management Act would still be a concern. e e e Planning Commission Minutes November 18, 1981 Page 3 Replat Request for Lots 2. and 3, Block 1, and Lot 1, Block ), Saratoga 1st Addi:t:ion,Thomas Kling.elhut:.z, public Hea:t:'ing : Present: Tom Klingelhutz, 8551 Tigua Circle Patrick Kerber, 600 Saratoga Ramona Kerber, 600 Saratoga Roxanne McKay, 7495 Saratoga Drive Peter McKay, 7495 Saratoga Drive Jane Kubitz, 7492 Saratoga Dirve Cecil Kubitz, 7492 Saratoga Drive Delores Murphy, 7469 Saratoga Drive Mike Murphy, 7469 Saratoga Drive Louise Barsness, 7489 Saratoga Drive David Barsness, 7489 Saratoga Drive Gary Meister, 7493 Saratoga Drive Charlene & John Daniel, 7478 Saratoga Drive Partridge called the public hearing to order. Waibel gave the planning report to the Planning Commission. The applicant is now asking that he may plat the lines down the middle so that he may sell his ownership units. Staff recommends approval with conditions. Mrs. Patrick Kerber indicated that the sketch plans indicate that the lots are smaller than the applicant has indicated. She also stated that these lots will be too small to place a duplex on them. Waibel stated that in 1977 these lots were found to be acceptable as part of the PUD. These lots were found to be fit for use as double bungalow purposes. Dave Barsness asked if all the applicant wants to do is divide the lots in half and selling the lots rather than the duplex and having half of the lot a renter rather than a home-owner. Is it possible to get the property rezoned for single family homes rather than duplexes? Waibel indicated that the owner or the lots would have to request the action. W. Thompson made a motion seconded by L. Conrad to close the public hearing. All voted in favor and the motion carried. A motion was made by Conrad and seconded by J. Thompson to recommend approval to the City Council for approval of the pre- liminary plan with the following condition from the staff: 1. Private covenants providing for consistent treatment and maintenance of building exteriors and other site improvements and including a common wall encroachment clause shall be submitted to/and approved by the City Attorney prior to Final Plat approval. e 2. Planning Commission requests that the City council verify the lot sizes. Planning Commission Minutes November 18, 1981 Page 4 Partridge, Watson, J. Thompson, Conrad, Noziska, W. Thompson ~ voted in favor, M. Thompson - nay. The motion was carried. The Planning Commission expressed their concern regarding the discrepancys in lot sizes. Northwest Lotus Lake Tra_nsportation conceRt and Rezo!li_ng Petition Presentation, Pleasant VieWRoad_Associat~on: Present: Frank Beddor Kathy Schwartz Mike Maxwell W. Thompson indicated that there seems to be a bottle-neck in the Derrick property. The Planning Commission cannot assume that that request will be approved. If the Derrick property is not approved than this will bea different subject. Frank Beddor indicated that this is not to force development. Beddor indicated that Mr. Owen and Trondle were both at the Homeowners meetings and agree with the map as proposed. Partridge suggested that Nez Perce be extended through Trondles property all the way to Pleasant View Road, that could be done now in 1981. e Waibel ind~cated that the City council acted upon the Quady property at their last meeting. It was passed that the Quady property leave a road access to the north. The city Council left the decision regarding placement of the road to the City Attorney. The City Attorney will draft an agreement signed by Owens and Trondle stating that they agree with the placement. Partridge indicated that the Planning Commission will not act upon this request until they hear from Derrick and see what he is planning on doing. Beddor indicated that he has spoken with l-1rs. Bennett and she likes the road as proposed. M. Thompson indicated that he feels this is a very good concept and would recommend that they pursue it. Partridge stated that they should wait to hear from Derrick, and after that point the Planning Commission will look at it. M. Thompson asked that Beddor give the information for the road concept to the staff to have on file. e Beddor indicated that he has a petition signed by all of the Homeowners on Pleasant View Road that was circulated in 1979. Since that time there have been some new owner and all of them have signed it. Because of the snow, they are not prepared to submit it to the Planning Commission yet. e e . Planning Commission Minutes November 18, 1981 Page 5 Beddor indicated that the Pleasant View Homeowners Association is requesting to rezone their area to 40,000 square foot minimum lot size. If the ordinance would allow for smaller lots it would be changing the character of the neighborhood that has been established for 50 years. Beddor indicated that he is not talking about spot zoning, but going back to what the land was before. Beddor stated that in Derricks case the HomeOwners would be willing to amend this petition so as not to penalize Derrick with this rezoning. They do not want to force him to go to larger lot sizes. Kathy Schwartz explained that she has spoken with Realtors, appraisor, and lawyers and that they all agree that values for the large lots are reduced when adjacent to smaller lots. Schwartz indicated that the City of Shorewood has a 40,000 square foot minimum for lots on Christmas Lake, but the lots on Christmas Lake in Chanhassen are all zoned 15,000 square feet. The Planning Commission indicated that there is nothing much they, or staff could do until such time that there is a revised plan submitted on the Derrick proposal. As to the issue on rezoning to 40,000 square foot lots, the Planning Commission indicated that the Homeowners Association should make official application for rezoning. The Planning Commission asked that the prospective applicant obtain the signatures of the property owners in the area under consideration for large lot zoning which would indicate whether or not they favor such a proposal. Apprmral bct Minutes The Planning Commission reviewed the October 26, 1981 City Council minutes. Walter Thompson made a motion to approve the minutes of the October 28, 1981. Carol Watson seConded the motion. All voted in favor and the" motion carried. The Planning Commission commented that the Staff Reports have been very good. ~1eeting was adjourned at II: 00 p.m.