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1982 08 26 e MINUTES OF THE REGULAR CHANHASSEN PLANNING COMMISSION MEETING HELD AUGUST 26, 1982 AT 7:30 P.M. COUNCIL CHAMBERS, 690 COULTER DRIVE CHANHASSEN, MINNESOTA Members Present: Chairman Art Partridge, Ladd Conrad, Carol Watson, Mike Thompson, and Bill Swearengin. Members Absent: Howard Noziska and Jim Thompson Staff Present: Bob Waibel, Scott Martin, Craig Mertz, and Becky Foreman The meeting was called to order by Chairman Partridge at 7:55 p.m. Ordinance 45, Subdivision Variance Request, 2600 Arboretum Blvd., Harry Kerber, PublIc Hearing: e Present: Harry Kerber, Chanhassen Al Klingelhutz, Chanhassen Earl Cravens, Edina Jay Dolejsi, Chanhassen Mary Welter Bernadette Schmidt, Shakopee The public hearing was called to order at 8:00 p.m. Waibel explained to the Planning Commission that the applicant is requesting to subdivide an approximate III acre parcel into two parcels making a 40 acre parcel and a 70.96 acre parcel. Waibel stated that the applicant would like to sell the 40 acre parcel to Mr. Dolejsi and then sell the remaining 70 acres to him at a later date. Waibel stated that the seller and buyer both agree that a restriction can be placed on the property stating no building permits, other than agricultural, may be obtained for either parcel. Waibel also explained that the applicant is requesting a variance from the State law requiring a 500 foot minimum width of such agricultural subdivisions. He stated that the applicant is within 32 feet of this restriction. Al Klingelhutz, representative of the applicant, stated that the buyer has a purchase agreement on the remaining 70 acres. Kerber indicated that the buyer was not able to purchase the entire parcel at this time, but would like to in the near future. e Mertz, Assistant City Attorney, indicated that he agrees with the staff's recommendations to approve this request with the condition that no building permits be issued on the property. Swearengin stated that he sees no problems with this subdivision. Watson indicated she would like to see them add the 32 feet to comply with State regulations. e e It Planning Commission Minutes August 27, 1982 P ag e 2 Waibel recommended the following conditions: 1. That the applicant redesign the subdivision by either of the following two methods in order of preference: a. Redesign to make the parcels to be created more rectangular in shape and meeting the state width requirements of 500 feet. b. Redesign to make the northeasterly boundard of the 40 acre par- cel coincide with the southeast quarter line of Section 9. 2. That the applicant file with the conveyance a certification from the City that the newly created parcels are not eligible for any residential, commercial, or industrial building permits. Klingelhutz asked that the second condition contain the wording "except for normal agricultural buildings". Swearengin moved, seconded by Watson, to close the public hearing. All voted in favor and the motion carried. M. Thompson asked Klingelhutz if an attorney had drawn up the proposed subdivision. Klingelhutz indicated that two attorneys had worked on it. Swearengin made motion, seconded by Partridge to recommend to the City Council approval of the requested subdivision with the condition that the applicant file with the conveyance a certification from the City that the newly created parcels are not eligible for any residential, commercial, or industrial building permits other than normal farm buildings. Partridge and Swearengin voted aye, Watson and M. Thompson voted nay. Watson stated that she would like to see the applicant add the 32 feet in width to the property to comply with State Law, and she also stated that Ordinance 45 states no subdivision in an unsewered area and the City should comply with that ordinance. M. Thompson stated that there were 2 attorneys working on this sub- division and that they could have worked this out to comply with the State Laws before having the property surveyed. Al Klingelhutz indicated that he was a member of the Planning Commission when Ordinance 45 was adopted and that the intent was not to prohibit all subdivisions, but to not subdivide any lot less than 2! acres in an area without City sewer and water. e Planning Commission Minutes August 26, 1982 P ag e 3 Plan Phasing Amendment Request, Waldrip Second Addition, George A. Jackson Associates: Present: Mr. & Mrs. George A. Jackson Waibel explained that the Waldrip property had been purchased by George A. Jackson and Associates. Jackson stated that he will be developing the entire parcel in one phase, that Lots 1, 2, 3, Block 1 and Lot 1, Block 2 are to be for single family attached housing, Outlots A and B will be divided into 5 single family lots each, and the roads are to be installed as shown on the plat. Jackson asked if a feasibility study could be done on the property. Jackson stated he would like to get an idea of the costs involved for the streets and City sewer and water. Martin explained that a feasi- bility study would be ordered after the City Council has reviewed this proposal. e Watson asked if the Planning Commission could request an architectural control on the proposed houses. Jackson indicated that he would be willing to bring in pictures of the homes at the Planning Commission request. M. Thompson asked if the lots along Lake Lucy Road could be approved before City sewer and water were put in. Martin explained that the applicant is requesting a feasibility study to see if it would be feasible to put in City sewer and water along Lake Lucy Road. Watson moved, seconded by M. Thompson, to recommend approval of the Waldrip's Second Addition to be done in one phase, and that a feasibi- lity study be done on the sewer and water, and the streets. All voted in favor and the motion carried. Zoning Ordinance Amendment Discussion, R-District Design Standards: Martin reviewed the proposed ordinance he had submitted to the Planning Commission for their comments. Martin explained that the State does not require manufactured homes to be anchored, but if anchored, they must comply wi,th State Code. Martin indicated that manufactured homes appreciate rather than depreciate. Martin also stated that the Vice President of the Manufactured Home Association will be present at the next public hearing to give a presentation on manufactured homes. e Watson expressed her concern with the proposed ordinance because it would be restraining other types of development if there would be regulations against different types of windows and certain slopes on roofs. e Planning Commission Minutes August 26, 1982 P ag e 4 Martin suggested creating a district and allowing stick-built homes to be built in that district as well as manufactured homes. Watson indicated that she felt public consent was to have the manufac- tured homes in a district, rather than scattered. Partridge stated that manufactured homes should be required to have a permanent foundation. Partridge also stated that he would like to see manufactured homes located on the same size lots as other homes. Swearengin indicated that the ordinance should require permenant foun- dations, but not restrict the size or the slope of the roof. Watson suggested that the ordinance require 11,700 or 15,000 square foot minimum lot sizes. Conrad indicated that he feels manufactured homes should not have to be put in a district, but made to look like and comply with the same standards as stick built homes. Min utes e Mertz asked that the last sentence on page 2 of the Planning Commission minutes of August 26, 1982 be changed to state "Mertz indi- cated that other cities are using that option, such as Chaska." Watson asked that the same paragraph be changed to add the words "legally defend" rather than "the best solution". M. Thompson asked that the words "and because the City would be sup- porting two building codes and that would be discriminatory." be added to the motion on page 4. He also asked that the words "but reserving the integrity of the original plan." be added into the motion on page 6. A motion was made to approve the minutes of the August 26, 1982 with the changes as mentioned by M. Thompson, and seconded by Partridge. The following voted in favor: M. Thompson, Partridge, Watson, and Conrad. Swearengin abstained. Open Discussion 3831 Leslee Curve -- Martin read a letter from Mr. and Mrs. Wartman, prospective owners of the home located at 3831 Leslee Curve, stating that they are requesting to make the home into a "tourist home". Martin explained that they are asking for the Planning Commission's opinion on the pro- posal. Martin stated that the house has 6 bedrooms and 5 baths, the Wartman family will be living in the top level and renting rooms out from the lower level. Martin futher stated that there is plenty of parking space available, and will not need any street parking. Mertz indicated that the Zoning Ordinance permits 2 persons per house. Martin indicated that the zoning Ordinance would have to be amended to permit this request. The concensus of the Planning Commission was to not amend the Zoning Ordinance for this type of use. e e - Planning Commission Minutes August 26, 1982 Page 5 The Press, Inc. Waibel explained to the Planning Commission that The Press, Inc. has changed their site plan to allow a truck turn around on the northwest corner of their property. He also explained that they may be changing their phasing in that Phase 1 will be to the back, whereas, Phase 1 was originally to the East. The Planning Commission indi- cated that they see no problems with the change. Adjournment Meeting was adjourned at 11:00 p.m.