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1984 09 26 CHANHASSEN PLANNING COMMISSION MINUTES REGULAR MEETING SEPTEMBER 26, 1984 e Chairman Conrad called the meeting to order at 7:35 p.m. MEMBERS PRESENT Jim Thompson, Tom Merz, Susan Albee, Ladd Conrad and Bill Ryan. MEMBERS ABSENT Howard Noziska and Mike Thompson. STAFF PRESENT Scott Martin, Community Development Director, Barbara Dacy, City Planner and Vicki Churchill, Secretary. Subdivision Request #84-17 to allow the resubdivision of Lots 1-3, Shore Acres Subdivision and part of Gov't Lot 3 into three single family lots to be known as Rogers Addition on property zoned R-l and located on Lake Riley Blvd. south of Lyman Blvd., Robert G. Rogers, applicant, Public Hearing. Public Present e Tom Rogers R.G. Rogers Patricia Swenson Norm Grant 9101 Lake Riley Blvd. 4917 Diane Drive, Minnetonka 9015 Lake Riley Blvd. Barbara Dacy: The parcel is located approximately 300 feet south of the Lyman Blvd. intersection into Lake Riley Blvd. and is zoned R-l, Single Family Residential. Some of the members may recall reviewing the case in 1981. On August 20 of this year, the City Council referred the plat back to the Planning commission because of the lapse in time that occurred between the filing of the preliminary plat and the final plat. What is pro- posed is a three lot subdivision, each lot totaling approximately 12,000 to 13,000 square feet. Staff's concern is that the pro- posed sizes of the lots do not meet the Shoreland Management Regulations and therefore we would prefer the applicant revise the plat to subdivide it into two lots. Although each lot would measure approximately 19,435 square feet, which is just under the 20,000 square foot minimum, we believe the two lot subdivision meets the spirit and intent of the Shoreland Management Regulations. - Mr. Rogers: I think you know the history from your packet. Basically, what I am proposing here is taking Lots 1, 2, and 3 of Shore Acres and a portion of the farmland, the farmland also extends over on the lakeside, taking four parcels and trying to make three lots. I believe that these lots do conform in size with the majority of the lots that are presently there. I have owned this property since 1956. Obviously if I had any idea that e Planning commission Minutes September 26, 1984 Page 2 the situation was going to come to this I would have done this a long time ago. Obviously I would not have gone through the torrens proceedings had I known it was going to take that long. I am hear because the Council suggested that I go through the procedure again. I know some of you are new here because I don't recognize the faces. I will be glad to answer any of your questions. The problem with the gas company is one where we don't know exactly where the line is. The line has to be moved out into the street and I will be bearing that expense. J. Thompson: The three lots on the end, 9005, 9015, 9021, all appear to be larger in area which proves toward the intent of our ordinance. It would be my view point that we should continue that intent. Our lakes are being polluted and it's primarily due to increased use of the lake and use of the property around the lake, putting fertilizer on lawns and things of this nature. I would like to see if we can clean up the lakes by restricting real heavy development of the lake areas. Susan Albee: I see this as two buildable lots and I want to stay with the intent and purpose of the ordinance. There are numerous problems with beachlots and with the electric and gas company. e Bill Ryan: The only different comment I have is that the origi- nal lots 1, 2 and 3 were apparently buildable lots. This consti- tuted 3 buildable units plus the farmland to the northeast reconfigured and still only have 3 buildable units. If we went ahead with this, then we would probably wind up with less density of housing on the lake than we would have if we turned it down and built on the original three. But still the intent of the ordinance clearly states the lot size and I don't see any reason to deviate. Chairman Conrad: Mr. Rogers, we have an ordinance in front of us and we are not sure that there is a reason to vary from that ordinance at this time. Do you want to make some input before we take a vote. Mr. Rogers: I guess my biggest argument is these lots do conform with this area. As a matter of fact they are much larger than many of the lots. There are some lots that are 47 feet by 110 feet. I guess I feel somewhat that I am being singled out on this thing. I know there are some new homes that have gone in down there in not the too distant past. I come in with a 90 foot lot. I do have more room and can almost comply. It hurts. I am the biggest tax payer on the lake. e Norm Grant: I live to the north of the property in question. One concern that hasn't been brought up here yet and I would like to make note of, is that there have been alot of doings going on there as far as lot lines and things of that nature and alot of e Planning Commission Minutes September 26, 1984 Page 3 legal proceedings that have taken place behind the scene that I don't think you are aware of. What has come out of all of this is the representative, the attorney for Mr. Rogers, Mr. Spence Kluegal, has mentioned on a number of ocaisions that the intent or one of the things that Mr. Rogers will be doing with the land is turning a portion of it into a beachlot. He owns some 30 odd acres across the street and Mr. Klegal did inform us several times that he will be developing that land and using a portion of the lakeshore property as a beach access or beachlot. I ask the Commission to recOlnmend to the Council that restrictions be placed on the land that the only thing that could be done is single family development on the lakeshore. Chairman Conrad: We do have a staff recommendation which basi- cally is to turn down the proposal but to recommend the applicant revise the subdivision to two lots. Albee moved, seconded by J. Thompson to close the public hearing. All voted in favor and the motion carried. Albee moved, seconded by J. Thompson, to deny Subdivision Request #84-17 based on the staff report, Shore land Management e Regulations and the electric and gas companies concerns. Martin: I want to clarify that staff is not recommending denial, but recommending the plan be revised to two lots. Albee: I am recommending denial. Martin: I just wanted to make sure you understand that we are recommending it be revised to two lots. Chairman Conrad: What is the difference? Martin: It is more positive in that we are saying that the spirit and intent of the Shoreland Management Ordinance is to allow lots that are almost 20,000 square feet as a reasonable compromise between what he has presented then just allowing him to put only one buildable site with approximately 40,000 square feet. Albee: Scott, if Mr. Rogers is in agreement with the two lots, I would just as soon table it and have him bring it back in its new package as two lots as opposed to three. e Chairman Conrad: This is still under discussion. The motion on hand is to turn this down. Any questions to whether we should have a more positive motion or should we table it and hope that the applicant comes back with a two unit plan. e e e Planning Commission Minutes September 26, 1984 Page 4 Martin: If you were to table this, I would suggest that it be in agreement with Mr. Rogers right now that he is willing to revise plat otherwise I think the original motion was in order and he can take his case to the City Council. Bill Ryan: Reading the minutes from the last time through, the Planning Commission recommended denial and the Council overruled that 4 to 1 last time. The Council composition hasn't changed so I really see no reason for tabling this. All voted in favor and the motion carried. Public Hearing: Conditional Use Permit Request #84-12 to allow the construction of a 4,000 sq. ft. retail facility and a gaso- line service center on property zoned C-3 and located at 420 Flying Cloud Drive (Hwy. 169/212), Lincoln Properties, applicant. Public Present Tom Langseth Willard Halvor Al Lebens Lincoln Companies Dacy explained that the applicant is proposing to demolish the existing gas station and gas storage tanks in order to construct a 836 sq. ft. gasoline center and a 4,000 sq. ft. retail faci- lity. She stated that the applicant has filed for variances for lot area and a 25 foot front yard encroachment into the 40 foot setback for the pump canopy. She stated that staff met with the applicant on the installation of a septic system and that one can be installed on the site given the soil characteristics and pro- posed occupancy of the buildings. She stated that percolation tests and a proposed septic sytem design must be approved before the building permit will be issued. She stated that the sub- mitted site plan meets the requirements of the C-3 District. The Commissioners were concerned about the septic system being designed to handle the retail facility if it, for example, was a 100 seat restaurant or something of that nature. Dacy stated that the design has to be approved before installation and a system meeting the ordinance requirements should not result in groundwater or soil contamination. She also stated that all of the present businesses in that area have septic systems and there has not been any problems in the past. She stated that they have proposed installing the largest capacity septic system for the buildings. Willard Halvor and Al Lebens stated that they were concerned about the road to their property which is located behind the pro- posed gasoline center. Tom Langseth stated that they designed the two lane driveway into the facility with the owner of the home in mind so they would not have any problems with heavy traf- fic entering the facility. Planning Commission Minutes September 26, 1984 P ag e 5 e J. Thompson moved, seconded by Ryan, to close the public hearing. All voted in favor and the motion carried. J. Thompson moved, seconded by Merz, to approve the Conditional Use Permit #84-12 to all the construction of a 4,000 sq. ft. retail facility and a gasoline service center with gas pumps with the following conditions: 4. 5. 6. e 7. 8. 9. 10. 1. The necessary variances must be obtained by the Board of Adjustments and Appeals; 2. The sewage disposal system must be approved before the issuance of any building permits; 3. All necessary drainage and access permits from the Minnesota Department of Transportation must be obtained before the issuance of any building permits; The color of the gas pump canopy must match the exterior of the gas service center building; There shall be no signage on the gas pump canopy; The landscaping plan shall incorporate four additional evergreens; Concrete curbing is required along the perimeter of the paved areas; Screening must be provided for the trash dumpster and roof equip- ment and must be consistent in color with the principal building; A demolition permit must be obtained from the Building Official before destruction of the existing gas station structure; Removal of the existing gas storage tanks and installation of the new storage tanks must meet applicable fire and building codes as approved by the Fire Marshal. All voted in favor and the motion carried. Approval of Minutes Merz moved, seconded by J. Thompson to approve the minutes of September 12, 1984 as written. Merz and J. Thompson voted in favor and the motion carried. Albee, Conrad and Ryan abstained. Zoning Ordinance Workshop: Roger Knutson, City Attorney e The Commissioners went over some of the major issues of municipal and land use law. Meeting adjourned at 9:45 p.m.