1984 04 11
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C ITV 0 F
CHAHHASSEH
690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937 ~ 1900
PLANNING COMMISSION MINUTES
April 11, 1984
REGULAR MEETING
Members Present
Jim Thompson, Tom Merz, Susan Albee, Ladd Conrad, and Mike
Thompson.
Staff Present
t order at 7:36 p.m.
Members Absent
Howard Noziska and Bill Ryan
e Bob Waibel, City Planner.
Chairman Conrad called the
,..,."
preliminar Platt Review"i'hine sin
lots, Intersection of
and Neal Klingelhutz,
eapolis, MN 55440
ior, MN 55331
Public Present
Robert Worthington, ()};>\lB
Thomas B. Wartman, Garden
Duane Barth,. SPring
Dan Coban,Chanhassen, MN
Bet ty Mjolsnes, Chanh9,'BB.E)~l, MN
Rick Dorsey, Richfield,MN
Dave Dorsey, Richfield, MN
Neil Klingelhutz, Chanhassen,
Al Klingelhutz, 8601 Great PI
Jim Jones, Minnetonka School
Blvd., Chanhassen, MN
rict No. 276
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Waibel delivered the staff report noting the revisions and new
information from the sketch plan reviews and preliminary plat.
He recommended the planning commission recommend approval of the
preliminary plat for Hillside Oaks as depicted on the De Mars-
Gabriel and Surveyors, Inc. Preliminary Plat data received
March 22, 1984.
-
Planning Commission Minutes
April 11, 1984
Page 2
Mr. Rick Dorsey asked about the suitability of the proposed
accesses. Waibel stated that the county engineer's office as well
as the city engineer find that the accesses as proposed are accept-
able. However, they are restricting the development from any
future accesses should the area be resubdivided.
Mr~ Don Coban ~sked about development plans for property to the
north. Waibel stated that the most detailed ~lans done on the
are~ show that the area is to develop as low density residential
with full urban services made available and that it would ~robably
develop at a density of around 1 units Eer acre.
Mr. Rick Dorsey asked if the proposed development would set a pre-
cedent for development without sanitary sewer. Waibel stated that
due to a zoning ordinance amendment approved last August allowing
for unsewered area development, this development would not set a
precedent.
A motion was made by James Thompson to close the
Seconded by Michael Thompson. Vote: Unanimous.
public hearing.
Motion carried.
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Chairman Conrad asked the applicant about the results of the per-
colation test. Mr. Al Klingelhutz stated that the results were
within the ordinance standards for on-site septic systems despite
the fact that they were taken at a time with the worst possible
seasonal soil conditions.
A motion was made by Jim Thompson to recommend approval of the
preliminary plat for Hillside Oaks as depicted on the DeMars-Gabriel
Land Surveyors, Inc. preliminary plat dated received March 22, 1984.
Motion seconded by Susan Albee. Vote unanimously approved.
Motion carried.
Replat Request, Lot 3 & 4, Block 5, Chanhassen Lakes Business
Park, Opus Corporation, Public Hearing.
Public Present
Robert Worthington, Opus Corporation, Minneapolis, MN 55440
Thomas B. Wartman, Gardeneer, Inc., Excelsior, MN 55331
Jim Jones, Minnetonka School District No.276
B.H. Gowen, 6440 Hazeltine
George Baer, 6300 Chaska Road
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waibel delivered the staff report indicating that the proposed
request is to allow for parking expansion to meet tenant needs of
the Chanhassen Lakes Business Center which is locat.ed on Lots 4 &
5, Block 5. The newly proposed side and front yard setbacks will
be identical to those previously approved for the Chanhassen Lakes
Business Center and landscaping on the new side lot line will be
.
Planning Commission Minutes
April 11, 1984
Page 3
provided in a manner also identical to that which was installed
for the initial Chanhassen Lake Business Center construction. The
dimensions of the balance of land for lot 3, after subdivision
would be comparable to or greater than those upon which the two
office warehouse buildings are built directly west of Chanhassen
Lakes Business Center and thus the future development potential of
Lot 3 should not be encumbered. Waibel noted that in the past the
City has approved metes and bounds lot splits provided the pro-
posed conveyances were parallel to existing platted lot lines of
record and did not result in any lengthy or cumbersome legal
descriptions. He noted that this proposed lot split does meet
those criteria.
Waibel recommended that the Planning Commission recommend approval
of the proposed metes and bounds lot splits from Lots 3 & 4, Block 5,
Chanhassen Lake Business Park as depicted on the Schoell and
Madsen Survey dated and received March 21, 1984 with the following
conditions:
.
1. That the applicant submit a revised indemnity agreement holding
the city harmless of any costs associated with the restoration of
parking facilities located within the utility easement along the
present boundaries between lots 3 & 4 should any utility repair be
necessary.
2. That the applicant install landscaping along the new easterly
side lot line consistent with the originally approved site plans
for Chanhassen Lakes Business Center.
Mr. Worthington indicated that Opus corporation has ownership of
the lots lying to the east of Chanhassen Lakes Business Center and
they are confident that the proposal will not cause any hardship
for the developability of that property. He indicated that the
plans show some additional 25 parking spaces in the southwest
corner that are proposed to be added if needed for Chanhassen
Lakes Business Center.
A motion was made by James Thompson to close the public hearing.
Motion seconded by Tom Merz. Vote unanimously approved. Motion
carried.
A motion was made by Tom Merz that the Planning Commission recom-
mends approval of the proposed metes and bounds lot split for Lots
3 & 4, Block 5, Chanhassen Lakes Business Park as depicted on the
Schoell and Madsen Survey dated and received March 21, 1984 with
the following conditions:
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Planning Commission Minutes
April 11, 1984
Page 4
1. That the applicant submit a revised indemnity agreement holding
the city harmless of any costs associated with the restoration of
parking facilities located within the utility easement along the
present boundaries between lots 3 & 4 should any utility repair be
necessary.
2. That the applicant install landscaping along the new easterly
side lot line consistent with the originally approved site plans
for Chanhassen Lakes Business Center.
Motion seconded by Susan Albee. Vote unanimously approved.
Motion carried.
Zoning Ordinance and Conditional Use Permit amendment request for
Landscape Contracting Business at Minnetonka West Junior High
School, Public Hearing.
Public Present
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Jim Jones, Minnetonka School District No. 276
Thomas B. Wartman, Gardeneer, Inc., Excelsior, MN 55331
B. H. Gowen, 6440 Hazeltine
George Baer, 6300 Chaska Road
Waibel delivered the staff report indicating that the proposal was
to amend the zoning and conditional use permit for Minnetonka
West Junior High School to allow for Gardeneer's proposed outside
storage of plant materials and vehicles. He stated for reasons
that the western two thirds of the proposed Gardeneer Incorporated
storage area is totally screened from public view and for reasons
that the storage and plant material in the eastern one third of
the area will not have a material visual impact, staff recommends
that the Planning Commission recommend that sections 7.04, subsec-
tion 11 of Zoning Ordinance 47 and the condition use permit for
Minnetonka Independent School District No.276 be amended as
outlined in the attachment No. 4 with the condition that the out-
side storage activities of Gardeneer, Inc. be conducted as shown
in attachment No. 3A. (Attachment No. 3A contains the staff
recommended plat revisions.)
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Mr. Wartman indicated that they have reviewed the staff report and
recommendations and are in concurrence with same. He also men-
tioned that they find that the security fencing would not be
necessary in the easterly portion of their site as pointed out in
the staff report since the plant materials that would be stored in
this area are quite sizable and would not be able to be
transported from the site without the proper equipment.
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Planning Commission Minutes
April 11, 1984
Page 5
Mr. Baer asked if the property would be rezoned to which Waibel
responded that the property would not be rezoned, however, it is
presently under the conditional use permit which allows for
Minnetonka School District to lease the property to non-retail
business uses. Mr. Gowen and Mr. Baer questioned why they
received notices for this public hearing, however did not receive
notices for the hearing for the adaptive reuse of the school last
summer. Chairman Conrad suggested that Mr. Baer and Mr. Gowen
stop in at City Hall during business hours and check the files for
verification of the mailing list for the public hearing.
Motion was made by Tom Merz to close the public hearing. Motion
seconded by James Thompson. Motion carried.
Michael Thompson expressed concern that the ordinance was amended
to allow Minnetonka School District to use the Junior High School
facilities for other purposes. It was not envisioned that such
would include uses having outside storage. Waibel indicated that
that is correct, however, in response to the request received,
staff has developed the attached suggested language for a possible
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revision to accommodate Gardeneer's proposal. Waibel indicated
that the zoning ordinance amendment and the current conditional
use permit for the reuse of the school are identical in language.
However, the ordinance and conditional lease permit need to be
amended to enable this proposal to be established. He mentioned
that the Planning Commission has the discretion to recommend that
a separate agreement be made between the City and Gardeneer, Inc.
and the School District which would require that the proposal be
reviewed and reconsidered at some point in the future. Such may
be concurrent with the three year lease term which Gardeneer, Inc.
is presently negotiating with the School District.
A motion was made by Susan Albe to recommend that Section 7.04,
Subsection 11, Zoning Ordinance 47, and the conditional use permit
for Minnetonka Independent School District No. 276 be amended as
outlined in attachment No.4. Furthermore with the condition that
the outside storage activities of Gardeneer, Inc. be conducted as
shown in attachment No. 3A and that Minnetonka School District No.
276 and Gardeneer, Inc. enter into an agreement with the City to
the affect that the Gardeneer, Inc. operations are subject to City
review and reconsideration three years from the execution of the
agreement. Motion seconded by James Thompson. Vote: Jim
Thompson, Albee, Conrad and Merz=Aye. Michael Thompson= Naye.
Motion carried.
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Planning Commission Minutes
April 11, 1984
Page 6
Mike Thompson felt that the ordinance amendment should be made
more specific to the types of usages that may require outside
storage rather than the way the present proposed ordinance amend-
ment is written.
Sketch Plan Review, 15 Single Family Detached Lots and One
Rocreational Beach Lot, 7251 Minnewashta Parkway, Duane Barth.
waibel delivered the staff report indicating that the proposed
subdivision requires variances to the shoreline management ordi-
nance from minimum lot area, the recreational beach lot ordinance
for lot depth and dockage and the subdivision ordinance for street
frontage and length of cul-de-sac. He outlined the reasons why
the Planning Commission may consider amending the shoreline mana-
gement ordinance to utilize an average lot size criteria as
opposed to a minimum lot size criteria. He also noted that
according to the Recreational Beach Lot Ordinance, the proposed
recreational beach lot would need to be a minimum of 60 feet of
frontage on the lakeshore and a 100 feet in depth. For the pri-
vilege of having a dock, said beach lot would need to be a minimum
of 100 feet at the watermark and a 100 feet in depth. The
Recreational Beach Lot Ordinance as well as the DNR regulations
would permit only one dock having the restriction of no overnight
mooring or storage of boats. He noted that the applicant's propo-
sal exceeds the frontage on the lakeshore, however, it was only
approximately 53 feet in depth. As in any other proposal, the
Planning Commission and City Council may entertain variances due
to terrain constraints that would still enable the applicant to
~qtablish a beach lot with a reasonable allocation of usable
active play area.
Waibel noted that the Park/Recreation Commission reviewed the plan
on Avril la, 1984 and recommended that the park dedication fees be
paid as individual building permits are taken out on the proposed
lot.
Concerning the possible revision to the shoreline management
ordinance requirement for a minimum of 15,000 square foot lot
size, the Planning Commission felt no amendments should be made.
Concerning the narrow lot frontage for a proposed lot 8, the
Planning Commission felt that since, in all probability, at least
one lot would be removed from the proposed plan by not amending
~he shoreline management ordinance, the applicant would be able to
adjust the frontages to provide lot 8 with a more conforming fron-
tage. The Planning Commission favored this method as opposed to
allowing the street to be extended further to the east thus
resulting in greater impervious surface area.
planning Commission Minutes
April 11, 1984
4It Page 7
Concerning the beach lot, the Planning Commission indicated that
the applicant should submit design alternatives that would make
it more compliant with the beach lot depth requirement of 100
feet. The Planning Commission noted that since the overall width
of the beach lot exceeds the minimums established in the Recrea-
tional Beach Lot Ordinance, a certain degree of variance may be
considered to the absolute minimum lot depth requirement. The
Planning Commission also noted that the lot depth in the eastern
portion of the proposed beach lot was not critical due to the
steep slopes which would not materially benefit the active play
function of the recreational beach lot.
Approval of Minutes
Albee had two additions to the Planning Commission Minutes of
March 28 for the final development plan review of Pheasant Hill
PRD. The additions should be in the form of:
7. The proposed plan sets a precedent for the area and needs to
be rezoned.
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Albee's other addition to the minutes was in regard to the Mcr
conditional use permit which was an additional condition that the
fenced in area be screened using dense landscape materials.
A motion was made by Mike Thompson to approve the March 28, 1984
Planning Commission Minutes as amended. Motion seconded by
Albee. All in favor. Motion carried.
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