Loading...
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 6 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. 7 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. 8 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 9