CC Minutes 1-23-06
City Council Meeting - January 23, 2006
Your many responses to our 911 calls truly meant an extended life for Terry. Dick Wing, who is
a fire fighter, honored our family with playing the bagpipes in a tribute to Terry and declined his
honorarium so we are passing on to the Chanhassen Fire Department. In addition we have added
a sum of money to make as a token of our appreciation this money will be used for your
determination, and I think she's talked to Assistant Chief Randy Wahl when she talked about this
and about using it for training for the fire crew. So Ijust wanted to pass this on to Chief Geske
and Todd Gerhardt and they're a great crew. Thank you.
Todd Gerhardt: Thank you.
Mayor Furlong: Thank you very much Councilman Labatt. And to the Labatt family. At this
point is there anybody else from a visitor presentations? Seeing none, then we'll move on with
our agenda. I'd like to pick up at this time item l(n) that was pulled for separate discussion from
our consent agenda.
N. CHRISTENSEN SUBDIVISION. NORTHWEST OF 6710 GOLDEN COURT.
APPLICANT ROBERT CHRISTENSEN: REQUEST TO SUBDIVIDE
PROPERTY INTO 2 SINGLE F AMIL Y LOTS WITH A VARIANCE TO ALLOW
TWO FLAG LOTS.
Councilman Lundquist: Couple of things on this one Mr. Mayor. Just looking at this area, Kate
can you just go over in about 5 minutes or less kind of the construction with the variances and
the history of what's going on here.
Kate Aanenson: This is the Christensen property. That's being requested for subdivision. This
item did appear on the Planning Commission on January 3rd and there were 3 issues that were
raised, and I'll go through those in a minute but I'll give you a little background. This area, there
were quite a few underlying property owners. Back in 1995 Mr. Rabe's proposed what is now
called the Golden Glow subdivision, and there was numerous options in looking at how all these
properties can be assembled because as part of the challenge of the planners is to make sure
we're not land locking somebody to this, or providing access to one person at the detriment of
another. At the time that that subdivision, Golden Glow was done in 1995, it was then the
Kerber property was not subdivided. That now has also been subdivided and did provide access
to, so you've got the Steadman home, the Christensen and the Martinka property. So this
subdivision, the Burlwood subdivision provided additional access. At that time that we looked at
the plat in 1995 with Golden Glow flag lots were permitted. So looking at that, there was a
private street requested actually on the back of the Golden Glow but staff recommended that that
be a public street, so at that time the prevailing development pattern, a lot of the flag lots, and we
agreed that that's how that would come in. It couldn't be developed until such time that these
other properties came forward so to date the rules, the lot was provided, it's in excess of an acre
lot. Very well reasonable to subdivide and we have the two, look at two lots there. So at the
Planning Commission meeting the issues that were brought forward was the cul-de-sac and
having another driveway. So you look at the existing subdivision, there is two driveways in Mr.
Martinka's property which is to the south, who also can further subdivide via access to a public
street. And this, both driveways, if you can zoom in on that a little bit Nann please. There will
be moved, there's a condition that they be 10 feet apart and then when Mr. Martinka to the south
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City Council Meeting - January 23, 2006
subdivides that driveway, will also be moved to follow that house and then one more house to
the south. So they meet all the conditions except for flag lot, which the rule changed when we
originally looked at this. Again we always try to anticipate development of properties and
what's the best way to provide access. So in looking at the variance request on that, staff felt
like.. .condition of the recommendation of the findings of fact which are found on page 8 of the
staff report. You know based on the fact that we provided a reasonable access when we did the
previous subdivision. It's impossible to provide access off the flag lot, we felt it was reasonable
and that Mr. Christensen was placed undue hardship based on our changing of the rules. Again
we do allow for private streets. We didn't want to do the private streets. Sometimes that, we've
learned sometimes that not always a solution so with that we had recommended approval of the
variance. And there was another question that was brought up regarding, which is the front part
of the lot, the ordinance does say the part closest to the street, if you look at the dimensions, the
dimensions, this would be up close to the street. It is a front. It does meet all the setback
requirements. And then the third condition that was raised at the Planning Commission was the
height in the shoreland district, and we have changed when we updated our city code to make all
residential property consistent with the shoreland district so we don't run into that and that's 35
feet so that would be consistent with that when the building permit comes in we would check
that. The Planning Commission did recommend approval of this subdivision with the variance
with the findings in the staff 6-0.
Councilman Lundquist: So do you, if you put that picture back up. Kate, draw where, when this
property subdivided, what each of those two lots looks like.
Kate Aanenson: So this would be the existing home.
Councilman Lundquist: Okay.
Kate Aanenson: And then there's a private driveway that goes to Mr. Martinka. And then this
would be the new, the flag lot.
Councilman Lundquist: Okay, so that's the flag lot is the new.
Kate Aanenson: Correct.
Councilman Lundquist: Okay.
Kate Aanenson: Correct. So then, then you know you'd come off that common driveway and
we've learned sometimes that causes issues so we felt at that time the prevailing pattern would
be best just to leave it the flag lot, which again was in place in 1995 and the road needed to be
put in place with the Burlwood subdivision which just happened recently so it's kind of a timing
issue too.
Councilman Lundquist: So the flag lot essentially, or the flag on that lot essentially just has a
driveway on it?
Kate Aanenson: That's correct.
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City Council Meeting - January 23,2006
Councilman Lundquist: For the new lot.
Kate Aanenson: Yeah, and then the question was the setback. The closest to the street, the
dimension which is this fascia, would meet the 30 foot so it is consistent with the zoning
ordinance. So again the only variance would be the flag lot.
Councilman Lundquist: Creation of a flag lot.
Kate Aanenson: Correct. Which we kind of laid out ahead of time. And I think you know Mr.
Martinka then moving that driveway when he's ready to subdivide.
Councilman Lundquist: So when he develops it, when the Martinka property divides then Lot
number 8, that other driveway will go away?
Kate Aanenson: It should, yeah.
Councilman Lundquist: Okay.
Mayor Furlong: You comfortable?
Councilman Lundquist: Yes sir.
Mayor Furlong: Anything else? Are there any other questions for staff on this? No? Okay. Is
there any discussion on it? Councilman Lundquist.
Councilman Lundquist: No, I'm comfortable.
Mayor Furlong: Okay. If there are no other issues, or if there, Mr. Gerhardt said there were
some people here. If they're interested in commenting on it were you aware Mr. Gerhardt?
Todd Gerhardt: I think the applicant was here. I don't know if the, no changes. I think they
were in agreement with staff report.
Mayor Furlong: Okay. I don't want to shut anybody out but if there's new information or
something you want the council to consider, be happy to listen to it now. Otherwise we'll move
forward. And I don't even know who I'm looking for in the group so.
Kate Aanenson: Mr. Christensen is back there.
Mayor Furlong: Okay good, alright. Okay, you okay with the staff report Mr. Christensen?
Robert Christensen: Yes.
Mayor Furlong: Okay. Alright, good. Thank you. With that if there are no other questions
from.
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City Council Meeting - January 23,2006
Councilman Lundquist: I would move approval of item l(n) as published.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Tjomhom: Second.
Mayor Furlong: Made and seconded. Any discussion on that?
Councilman Lundquist moved, Councilwoman Tjornhom seconded to approve the
preliminary plat to subdivide the Christensen property into two single family lots with a
variance to allow flag lots, Planning Case 05-44, as specified in the staff report dated
January 3, 2006. All voted in favor and the motion carried unanimously with a vote of 5 to
o.
PUBLIC HEARING: 2006 STREET IMPROVEMENT PROJECT 06-01.
Public Present:
Name
Address
Mark & Pat Ruhland
Lee Clasen
Brian & Julie Evers
Kent Louwagie
Marcus Thomas
Richard Cullen
Barbara Solum
Emma St. John
Tracy & Chuck Cool
Adele Pint
Mike Schmidt
Chris Charlson
V.c. Wertz
Jean Bogema
Lance Ford
Bruce Koehnen
Willard Johnson
6275 Yosemite A venue
6351 Yosemite Avenue
1799 Koehnen Circle
Bolton-Menk, Inc.
Bolton-Menk, Inc.
1630 W. 63rd Street
1630 W. 63rd Street
1621 W. 63rd Street
1601 Koehnen Circle E.
1641 Koehnen Circle E.
6470 Yosemite Avenue
581 Big Woods Boulevard
1620 Koehnen Circle
6371 Yosemite Avenue
1711 Koehnen Circle East
1830 Koehnen Circle
West 63rd Street
Paul Oehme: Thank you Mayor, City Council members. Tonight staff is requesting the council
open a public hearing for the 2006 street improvement projects. Staff is requesting that the
Koehnen area be discussed tonight and that the public hearing be continued until the next City
Council meeting on February 13th to discuss the other project items in the project, in this project.
The streets in this year's project have been planned for several years. Streets were identified in
the city's pavement management program and due to the problems that we had with utilities in
these areas. The streets considered for improvement can no longer be maintained effectively
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