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1984 09 12 CHANHASSEN PLANNING COMMISSION MINUTES REGULAR MEETING SEPTEMBER 12, 1984 - Vice-Chairman Mike Thompson called the meeting to order at 7:38 p.m. MEMBERS PRESENT Jim Thompson, Tom Merz, Howard Noziska and Mike Thompson. MEMBERS ABSENT Susan Albee, Ladd Conrad and Bill Ryan. STAFF PRESENT Scott Martin, Community Development Director, Barbara Dacy, City Planner and Vicki Churchill, Secretary. Public Hearing: Conditional Use Permit Request #84-10 to allow the private stabling of four (4) horses on property zoned R-l at 6301 Church Road, James Frizzell, applicant. Public Present Merlyn & Betty Wanus Harry Campbell Bill Schmid Jim Frizzell, applicant M. H. Kerber 6231 Church Road 6241 Church Road 3670 Hwy. 7 6301 Church Road 6320 Church Road - Dacy explained that the applicant was seeking a conditional use permit to allow the stabling of four horses on property in the R-l district. She stated that Ordinance No. 56 regulates the boarding of horses within the City, but the Zoning Ordinance pro- vides that a conditional use permit must be issued in the R-l district. She stated that Mr. Dave Headla, Stable Inspector, has inspected the property and has signed a stable permit for two horses. Headla stated that on the permit application that he knew of no other stable where the pasture adjoins backyards that were actively used and a 'judgement call' would have to be made. Dacy stated that the applicant is planning on stabling 2 horses immediately in the existing barn and 2 more next summer pending construction of an additional shelter area. She also stated that the property totals 3.5 acres which exceeds the 2 1/3 acres required for four horses stipulated in Ordinance No. 56. Merlyn Wanus, Harry Campa and Mike Kerber stated that they are against the request because of the smell and it should not be allowed in a residential neighborhood. They also stated that the neighbors had a meeting about it and had agreed that they wouldn't mind letting the applicant have two horses only because the present owner would not be able to sell the property. 4It Bill Schmidt also stated that the field is tiled and the manure drains toward the highway and Lake Minnewashta. Chanhassen Planning Commission Minutes September 12, 1984 Page 2 e Jim Frizzell, the applicant, stated that the property is equipped for horses with the barn and electric fence, and the previous owner has had horses for the past 6 years. He stated that the reason why he asked for the Conditional Use Permit for four horses is because he may want a third or fourth horse in the pasture and did not want to go through this process again. He stated that about a block away there are horses in the same zoning district. He stated that Merlyn, who resides on Church Road, raises hogs in the fall, and there's been geese in that area. He stated that if horses are properly taken care of, he felt there would be no problem. J. Thompson moved, seconded by T. Merz, to close the public hearing. All voted in favor and the motion carried. Merz asked why the conditional use permit was not kept up-to- date. Martin stated that the owner should have had the stable permit renewed every year but apparently did not. The neighbors stated that they thought the owner rented the pasture for horses the last two years. e Merz moved, seconded by M. Thompson to deny the conditional use permit request for James Frizzell as proposed. Merz and M. Thompson voted in favor. J. Thompson and Noziska voted against. Merz moved, seconded by Noziska to recommend the conditional use permit for two horses only including the following conditions: 1. The applicant maintain the pasture and barn in a clean and orderly manner with proper disposal of manure; and 2. all requirements of Ordinance No. 56 must be satisfied. Merz, J. Thompson and Noziska voted in favor. M. Thompson voted nay. Motion carried. Public Hearing: Conditional Use Permit Request #84-11 to allow temporary storage of a marketing sales trailer on property zoned R-la located south of and adjacent to Highway 5 and immediately west of Chanhassen Estates, Kerr Companies, applicant. Public Present Bob Martinson, representing the Kerr Companies Dacy stated that this request was to allow temporary storage of a marketing sales trailer on property south of the American Legion property, east of Hwy. 101. She stated that the applicant intends to develop the 80 acre parcel for residential uses in the - Chanhassen Planning Commission Minutes september 12, 1984 Page 3 e near future. She stated that the trailer is fairly well con- cealed by surrounding trees and tall grass and should not cause any adverse impacts on surrounding properties in its present location. Bob Martinson representing the Kerr Companies, stated that they do intend on developing the property and agree with staff's recommendations. He stated that the trailer would be used as their sales office with displays, drawings, models and infor- mation on the homes. J. Thompson moved, seconded by Merz to close the public hearing. All voted in favor and the motion carried. Noziska moved, seconded by Merz to recommend approval of the con- ditional use permit request for the Kerr Company to allow the temporary storage of the marketing/sales trailer with the following conditions: 1. The trailer must be removed from the site if application for development approval has not been made by November 30, 1984. 2. If application is made and approved and construction started, the trailer must be removed by September 1, 1985. 3. If the trailer is moved on site, its location should be approved by the Planning staff. e All voted in favor and the motion carried. Public Hearing: Metes and Bounds Subdivision Request #84-15 to subdivide property containing 26.03 acres into two separate par- cels on property zoned R-la and located at 8280 Galpin Blvd., Dennis J. Moore, applicant. Public Present Dennis Moore 8280 Galpin Blvd. Dacy explained that this proposal is to split the 26 acre parcel into two single family lots. She stated that the site is located outside of the MUSA line and that percolation tests were required for the individual septic system on the properties. She stated that George Donnelly, Building Official, has advised staff that upon further discussion with the applicant, installation of a "curtain drain" with the septic system resolves his concerns with the soil tests and he stated that the percolation rates were ade- quate. Noziska moved, seconded by Merz, to close the public hearing. All voted in favor and the motion carried. e Merz moved, seconded by Noziska, to recommend approval for the Subdivision Request #84-15 for Dennis Moore into two parcels as proposed. All voted in favor and the motion carried. Chanhassen Planning Commission Minutes September 12, 1984 Page 4 - Public Hearing: Subdivision Request #84-16 to create four single family residential lots to be known as Fox Hollow 2nd Addition on property zoned P-l and located west of and adjacent to T.H. 101, south of Pleasant View Road, Builders Development, Inc., applicant. Public Present Rick Murray Dacy explained that this proposal was to replat two lots and Outlot C from the Fox Hollow subdivision including the otto Flom property. She stated that the Flom residence as it exists now lies 15 feet from the south lot line of Fox Hollow Subdivision. She stated that 91 feet of the Flom property would be added to the subdivision in exchange for a 72' x 220' lot on the north boundary (Lot 3). She stated that the main concern was the radius of the new Lot 3 in the cul-de-sac which measures 23.56 feet. She stated that this may cause problems for access to and the location of a structure in relation to the required set- backs and that realigning the radius as shown would allow more area and more flexibility to place a structure on the lot. Noziska moved, seconded by J. Thompson, to close the public _ hearing. All voted in favor and the motion carried. J. Thompson moved, seconded by Merz, to recommend approval of Subdivision Request #84-26, Fox Hollow 2nd Addition with the following conditions: 1. The west lot line of the proposed Lot 3 be realigned as depicted in Attachment #6. 2. Access to the proposed Lot 3 must be from the cul-de-sac. All voted in favor and the motion carried. Public Hearing: Land Use Plan Amendment Request #84-2 to amend the Comprehensive Land Use Plan from Parks/Open Space to Residential Low Density located south of Sandpiper Trail and Minnewashta Woods Drive, Randy Herman, applicant. Public Present e F.L. & Edile Cook Betty Lang Marcia L. (Will) Schifeile Larry & Diane Spooner Ralph & Kay Hegman Mr. & Mrs. Howard Schmidt Tom Schoenecker Peter Throdahl 6351 Minnewashta Woods Drive 2631 Forest Avenue 325 George Street 2800 Sandpiper Trail 6361 Minnewashta Woods Drive 2810 Sandpiper Trail 2820 Sandpiper Trail 6345 Minnewashta Woods Drive - e e Chanhassen Planning Commission Minutes September 12, 1984 Page 5 Dacy stated that this is a request to amend the Land Use plan designation for a 7.32 acre parcel from parks/Open Space to Residential-Low Density in order to develop 16 single family residential lots. She stated that the property can be served with water and gravity flow sewer service by logical extension of facilities from the north of the site. She stated that the City Park and Recreation Commission and Carver County reviewed this proposal and found that it would have no adverse impact on the adjacent parks. She stated that in order to shift the MUSA line to include this parcel, the Metropolitan Council requests that a land trade of equal acreage from the unserviced area be provided. She stated that acreage from this proposed amendment plus the 22 acres from the Electro-Craft Corporation land use application will be proposed in exchange for the exclusion of the Hillside Oaks subdivision which cannot be serviced by gravity flow sewer. Randy Herman stated that thise parcel was originally part of the family's 140 acres. He stated that in exchange for the dedica- tion of Herman Field the City provided an access easement for this 7.32 acre parcel. He also stated that they have reduced the proposed number of lots for this development from 16 to 12 because of neighborhood concerns of traffic flow and the topography of the parcel. Some of the neighbors were concerned that the value of their homes would decrease because of the smaller size of lots and homes that would be built in this development. Randy Herman stated that the lots would range in size from about 19,000 to 35,000 square feet and the homes would be contemporary styles and he intends to regulate this with covenants and restrictions. Almost all of the neighbors in attendance stated that they purchased their homes thinking that the subject parcel was parkland and would never be developed, and wanted to know if the City would be willing to purchase the land from Mr. Herman because of Herman Field. Martin stated that the City is not interested in additional parkland in that area. He stated that if the neighborhood wishes, a formal request should be submitted to the Park and Recreation Commission for their consideration. He also stated that ini- tially when the consultant drew up the Land Use Plan map they made an error. He stated that in the text of the Comprehensive Plan Land Use Plan section it clearly defines the area as not being included as parkland. It was asked if Mr. Herman would be agreeable to let this parcel go as parkland and he stated that he would not because they have paid taxes on this parcel over the years and have acquired an easement for access. Chanhassen Planning Commission Minutes september 12, 1984 P ag e 6 e One of the neighbors stated that the City can't take care of their roads now, much less add another development. J. Thompson moved, seconded by Noziska to close the public hearing. All voted in favor the motion carried. J. Thompson felt that the development proposal looked good and even more so with the reduction of the lots. He stated that staff should see if they can get the street situation corrected because that is not the developer's problem. He also stated that everyone would like to keep their area rural in character but this is not always possible. M. Thompson stated that he felt the owner should be able to do something with his property but also felt that the neighbors should have a chance to see if the City wants to acquire more parkland. e Noziska moved, seconded by Merz, to recommend approval of the Land Use Plan Amendment #84-2 changing the land use designation from parks/Open Space to Residential Low Density and to revise the MUSA boundary to include the subject parcel. The request is approved with the condition that it be postponed for City Council review until October 15, 1984 in order to give the neighbors a chance to submit a formal request to the Park and Recreation Commission to see if the City would acquire Mr. Herman's parcel for parkland. All voted in favor and the motion carried. Public Hearing: Land Use Plan Amendment #84-3 to amend the Comprehensive Land Use Plan from Industrial and Agricultural to Industrial on property located in the southwest corner of Highway 5 and Audubon Road, Electro-Craft Corporation, applicant. Public Present Pat and Lee Kerber Michael A. Nekrich (Electro-Craft) James Mertes (Electro-Craft) 1620 Arboretum Blvd. 142 Cambridge, st. Paul 142 Cambridge, st. Paul Dacy explained that this proposal was to designate 22 acres as industrial for the site of Electro-Craft Coporate Headquarters. She said that the 22 acres is immediately south of the 40 acre por- tion already designated as Industrial. She also stated that the southernmost ten acres would remain as agricultural. She explained that the site can be served with gravity flow sewer service. e She also indicated that in the Land Use Plan Amendment report for Randy Herman, the additional 22 acres will be coupled with the 7.32 acre Herman property in a petition to Metro Council to shift the MUSA line to include these parcels in exchange for the exclusion of the 29.3 acre Hillside Oaks Subdivision. e Chanhassen Planning Commission Minutes September 12, 1984 Page 7 Noziska moved, seconded by Merz to close the public hearing. All voted in favor and the motion carried. Noziska moved, seconded by Merz to recommend approval of Land Use Plan Amendment #84-3 changing the land use designation from "Industrial and Agricultural" to "Industrial" on the 62 acres located in the southwest corner of the Highway 5 - Audubon Road intersection and to revise the MUSA boundary to include the sub- ject parcel. All voted in favor and the motion carried. Public Hearing: Rezoning Request #84-3 to rezone property located at the southwest corner of Hwy. 5 and Audubon Road from R-la, Agricultural Residence District to P-4, Planned Industrial Development District, Electro-Craft Corporation, applicant. Public Present Pat and Lee Kerber Michael A. Nekrich (Electro-Craft) James Mertes (Electro-Craft) 1620 Arboretum Blvd. 142 Cambridge, st. Paul 142 Cambridge, st. Paul e Dacy explained that the applicant is proposing a rezoning from R-la to P-4 to allow the construction of corporate headquarters for Electro-Craft Corporation. She stated that this proposal was submitted in conjunction with the applicant's land use plan amendment. She stated that the proposed district is consistent with the adopted land use plan and should not adversely affect adjacent properties. J. Thompson moved, seconded by Noziska to close the public hearing. J. Thompson moved, seconded by Noziska to recommend approval of Rezoning Request #84-3 which changes the zoning on the 62 acres located in the southwest corner of the Highway 5 - Audubon Road intersection from R-la, Agricultural Residence to P-4, Planned Industrial Development District. All voted in favor and the motion carried. Approval of Minutes Merz moved, seconded by M. Thompson to approve the August 8, 1984 Planning commission minutes as written. Merz, J. Thompson and M. Thompson voted in favor. Noziska abstained. Motion carried. Adjournment Merz moved, seconded by M. Thompson to adjourn the meeting. All voted in favor and the motion carried. e Meeting adjourned at 9:55 p.m.