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2. Planning Commission Summary Minutes 10/18/05CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES OCTOBER 18, 2005 Chairman Sacchet called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Uli Sacchet, Debbie Larson, Mark Undestad, Kurt Papke, and Jerry McDonald MEMBERS ABSENT: Dan Keefe and Deborah Zorn STAFF PRESENT: Sharmeen Al-Jaff, Senior Planner; Josh Metzer, Planner I; and Alyson Morris, Assistant City Engineer PUBLIC HEARING: REQUEST FOR AFTER THE FACT HARD SURFACE COVERAGE AND SIDE YARD SETBACK VARIANCES FOR A SPORT COURT ON PROPERTY LOCATED AT 8491 MISSION HILLS CIRCLE. APPLICANT, CLINT & JENNIFER HURT, PLANNING CASE NO. 05-32. Public Present: Name Address Vern Lindemann 552 Mission Hills Drive Clint & Jennifer Hurt 8491 Mission Hills Circle Jane Zureich 8490 Mission Hills Circle Josh Metzer presented the staff report on this item. The applicants, Jennifer and Clint Hurt presented the facts from their point of view and what they plan to do to help reduce the hard surface coverage. Commissioner McDonald asked the applicants to explain why they could not reduce the size of the sport court to meet city regulations. The commission and applicants discussed different alternatives for reducing hard surface coverage, i.e. reduction of sidewalks, patio, and driveway. Chairman Sacchet opened the public hearing. Vern Lindemann, 552 Mission Hills Drive and President of Mission Hills Garden Homes Association stated no one spoke to anyone in their association prior to installation and that the Sport Court is very, very close to two bedroom windows of two of the townhomes and that neighbors in the townhome association are definitely not in favor of this sport court. He read a letter from the townhome board stating their opposition to the variance request. Jane Zureich, 8490 Mission Hills Circle, the adjacent neighbor who will be directly affected by this variance, stated her support for allowing the variance. Chairman Sacchet closed the public hearing. Commissioner Papke questioned the effectiveness of the zoning compliance process and asked that the Planning Commission study the issue at an upcoming meeting. After commission comments and discussion the following motion was made. Planning Commission Summary – October 18, 2005 Papke moved, McDonald seconded that the Planning Commission denies Variance #05-32 for a 4.5% hard surface coverage variance from the maximum 25% hard surface coverage restriction and a 5 foot side yard setback variance for the addition of a sport court on a lot zoned Single Family Residential based upon the findings in the staff and the following: 1. The applicant has not demonstrated a hardship. 2. The property owner has reasonable use of the property. The Planning Commission orders the property owner to remove sufficient impervious surface to comply with ordinance requirements. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: REQUEST FOR A SITE PLAN AMENDMENT FOR SPALON MONTAGE TO PLACE A WALL SIGN OUTSIDE OF THE APPROVED SIGN BAND AREA ON PROPERTY LOCATED AT 600 MARKET STREET, APPLICANT KRAUS-ANDERSON REALTY COMPANY, PLANNING CASE NO. 05-33. Public Present: Name Address Cindy McDonald Kraus-Anderson Realty Mitchell Wherley 600 Market Street Josh Metzer presented the staff report on this item. Commissioner McDonald asked for clarification on why the Planning Commission shouldn’t approve this request since Americana Bank has a sign on their gable and what was the original intent for the building. Commissioner Papke asked for clarification on where currently signage is allowed for Spalon Montage. Commissioner Papke asked for further clarification of exactly where on the sign band signage would be allowed. Commissioner Undestad asked if all the space had been leased on the second floor. The applicant, Cindy McDonald with Kraus-Anderson Realty and Mitchell Wherley, President of Spalon Montage addressed questions relating to the original sign plan for the building. Commissioner McDonald asked the applicant to explain other alternatives for signage on the building. Chairman Sacchet opened the public hearing. No one spoke and the public hearing was closed. After discussion the following motion was made. Larson moved, Undestad seconded that the Planning Commission recommends City Council approve Site Plan Amendment #05-33 to place an illuminated sign on the second level of Market Street Station outside of the approved first floor sign band based on the findings of fact in the staff report with the following conditions: 1. The applicant must submit engineered drawings showing how the sign will be constructed before a sign permit will be issued. 2 Planning Commission Summary – October 18, 2005 2. The applicant must obtain a sign permit prior to erecting the signs on site. 3. All signage must meet ordinance requirements. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: Commissioner Larson noted the verbatim and summary minutes of the Planning Commission meeting dated September 6, 2005 as presented. Chairman Sacchet adjourned the Planning Commission meeting at 8:20 p.m.. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 3