PC SUM 2006 06 20
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
JUNE 20, 2006
Chairman McDonald called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Mark Undestad, Kurt Papke, Jerry McDonald, Debbie Larson, Kevin
Dillon and Dan Keefe
MEMBERS ABSENT: Deborah Zorn
STAFF PRESENT: Bob Generous, Senior Planner; Josh Metzer, Planner I; Alyson Fauske,
Assistant City Engineer; and Don Asleson, Natural Resources Technician
PUBLIC PRESENT FOR ALL ITEMS:
Jerry & Janet Paulsen
Craig Steesz
7305 Laredo Drive
South Lake Drive East
PUBLIC HEARING:
LAKESIDE: REQUEST FOR A PLANNED UNIT DEVELOPMENT ON 26.34 ACRES
REZONING THE PROPERTY FROM R12. HIGH DENSITY RESIDENTIAL TO
PLANNED UNIT DEVELOPMENT-RESIDENTIAL (PUD-R) WITH VARIANCES:
PRELIMINARY PLAT FOR 29 BUILDING LOTS. TWO OUTLOTS AND RIGHT-OF-
WAY FOR PUB LID STREETS: SITE PLAN REVIEW FOR A 234 UNIT
RESIDENTIAL DEVELOPMENT. INCLUDING TWO. THREE. FOUR AND
CONDOMINIUM UNIT BUILDINGS. AND A COMMUNITY BUILDING: AND A
CONDITIONAL USE PERMIT FOR A RECREATIONAL BEACHLOT WITH
VARIANCES. SIENNA CORPORATION. PLANNING CASE 06-26.
Public Present:
Name
Address
Thomas 1. Bastasz
John Ringstrom
Bruce Carlson
Scott Frederiksen
Stephanie & Thomas Drees
Ken Ross
Timothy Bohlman
Rodney Walker
Travis Beck
John Harriss
T odd Anderson
179 Lakeview Road E.
126 Lakeview Road E.
8988 English Turn
18626 Bearpath Trail
14727 Boulder Point Road
8976 English Turn, Eden Prairie
Ron Clark Construction
18992 Bearpath Trail
3702 22nd Avenue So, Minneapolis
250 3rd Avenue, Suite 130, Minneapolis
16338 County Road 30, Maple Grove
Planning Commission Summary - June 20, 2006
Steven Mangold
John Vogelbacher
Paul Cherne
John Bushey
Steven Schwieter
Rick & Linda Denman
Laura Cooper
Joan Ludwig
David Florenzano
4852 Woodhurst Lane, Minnetonka
4940 Viking Drive #608, Edina
201 85th Avenue NW, Coon Rapids
9000 Riley Lake Road, Eden Prairie
10072 Gristmill, Eden Prairie
6656 Pointe Lake Lucy
9015 Lake Riley Boulevard
9005 Lake Riley Boulevard
9470 Lakeland Terrace
Bob Generous presented the staff report on this item. Commissioner Papke asked for
clarifications of the staff report regarding the conditional use, intent, hard surface coverage
calculations, ingress/egress for North Bay residents during construction, trail connection, and the
variance request for the beachlot. Commissioner Larson asked about the tree replacement plan.
Commissioner Dillon asked for clarification on the building height variance, and what plan is in
place to take care of the residents displaced with the demolition of the current building.
Commissioner Undestad asked for clarification of the requirements for determining a beachlot.
Commissioner Keefe asked for clarification on hardships for variances. Commissioner Papke
asked staff to respond to the concern from the North Bay residents regarding drainage into their
retention pond. John V ogelbacher with Sienna Corporation passed out development booklets to
the commission and audience members outlining their project and building products. He
addressed the questions of relocating current residents, pond capacity, the 1,000 foot requirement
for the beachlot, and building height. Commissioner Papke asked the applicant to comment on
the street crossing for the beachlot, materials used in the trail system, and traffic signage. Steve
Schwieter reviewed the townhomes proposed to be built by W ooddale Builders. Rick Denman
reviewed the townhomes proposed to be built by Charles Cudd Company. John Harris with
Harriss Architects described the details of the condominium buildings. Chairman McDonald
opened the public hearing.
John Ringstrom, 126 Lakeview stated his concern with drainage from this site into the North Bay
storm water pond and the effect on water quality and quantity. Ken Ross who lives on English
Turn, objected to three aspects of the development. The 48 foot height variance of the buildings,
the 30 foot setback and the plan to clear cut all the trees along the entire golf course. Tom
Bastasz, President of the North Bay Homeowners Association stated their support for the project,
but did have a concern with the drainage into their storm water pond and requested that Lakeside
consider routing all of their storm water to their pond before going into the North Bay pond.
John Bushey, 9000 Riley Lake Road, Eden Prairie, which is the remnant of an old church camp
site stated his concern with the location of the trailhead and beach adjacent to his property and
requested that natural buffering such as shrubbery be provided. Tom Drees, 14727 Boulder
Point Road, Eden Prairie, is currently in the process of building a home on Bearpath Trail. His
concern was with the clear cutting of trees along the trail, lack of screening and the height
variance for Building A. Scott Frederiksen who lives on Bearpath Trail also expressed concern
that there is neither a public benefit or hardship associated with granting the variance request for
the height of the buildings and setback. Bruce Carlson who lives on English Turn had the same
concerns with the setback variance and clear cutting of the trees. Anne Florenzano, a neighbor
across Lake Riley at 9470 Lakeland Terrace, Eden Prairie stated her objection to the 48 foot
2
Planning Commission Summary - June 20, 2006
variance. Joan Ludwig, 9005 Lake Riley Boulevard also was concerned with the views created
by allowing the building height variance and loss of trees. Janet Paulsen, 7305 Laredo Drive
expressed concern that this project doesn't meet the intent of the comprehensive plan regarding
housing diversity. Chairman McDonald closed the public hearing. After commission comments
and discussion, the following motions were made.
Papke moved, Larson seconded that the Planning Commission recommends approval of
the Rezoning of the property located within the Lakeside development, from High Density
Residential District (R12) to Planned Unit Development - Residential (PUD-R) incorporating
the development design standards contained within this staff report, with a Variance for the
eastern perimeter setback, subject to the final plat approval for the Lakeside development.
All voted in favor except Commissioner Keefe who opposed and the motion carried with a
vote of 5 to 1.
Papke moved, Larson seconded that the Planning Commission recommends approval of
the Preliminary Plat for Lakeside, plans prepared by Pioneer Engineering, dated May 19,
2006 ,subject to the following conditions:
1. The developer must submit a list of proposed street name( s) and an addressing plan to
Chanhassen Building Official and Chanhassen Fire Marshal for review and approval prior to
final plat of the property.
2. Each lot must be provided with separate sewer and water services.
3. Additional fire hydrants will be required. Please contact the Chanhassen Fire Marshal for
exact location of additional hydrants and any to be relocated.
4. A minimum buffer of 16.5 to 20 feet shall be preserved around the perimeter of the wetland.
All structures (including parking lots) shall maintain a 40-foot setback from the wetland
buffer. All trails and retaining walls shall be modified to remain outside the wetland buffer.
The plans shall be revised to reflect the required wetland buffer and wetland buffer setback.
Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's
wetland ordinance. The applicant shall install wetland buffer edge signs before construction
begins and shall pay the City $20 per sign.
5. The plans shall be revised to depict the OHW of Lake Riley, which is 865.3. All structures
shall be located a minimum of75 feet from the OHW. The proposed fire pit shall be located
a minimum of75 feet from the OHW and shall be buffered from the lake by vegetation. No
grading or intensive clearing of vegetation shall occur within the shore impact zone (all areas
within 37.5 feet of the OHW).
6. A conditional use permit (CUP) shall be obtained from the City prior to the operation of a
recreational beach lot.
3
Planning Commission Summary - June 20, 2006
7. All existing amenities and/or structures (including any docks, existing beach that is not
proposed to remain and the boat launch) on Outlot B, North Bay shall be removed. A boat
launch is not permitted.
8. The location of the building on Lot 1, Block 1 shall be adjusted to respect all drainage and
utility easements.
9. The applicant shall supply details about the water feature between the rear yards of the units
in Block 3, specifically the source for the water in the water feature. As an alternative to the
current proposal, the applicant should consider revising the plans to utilize storm water as an
amenity as part of a rain garden system in this area.
10. The applicant shall provide additional information detailing the proposed emergency
overflow (EOF) route from Pond 1 to Lake Riley.
11. The grading and landscaping proposed around Pond 1 shall be revised to provide a flat, open
area so maintenance equipment can access the flared end sections from Lake Riley Road East
without damaging the retaining wall or the landscaping and without being below the NWL of
the pond.
12. All storm water infrastructure, including catch basins, storm sewer pipes, manholes, flared-
end sections, outlet structures, ponds and swales, shall be owned, operated and maintained by
the developer and, eventually, the homeowners association. Prior to final plat recording, the
developer shall enter into an agreement with the City that outlines the parameters of
operation, inspection and maintenance of the storm water infrastructure. This agreement
shall be transferred to the homeowners association prior to the developer relinquishing
responsibility for the development.
13. The SWPPP shall be provided to the City for review by the Carver Soil and Water
Conservation District.
14. The plans shall be revised to show that erosion control blanket will be installed over all areas
with 3: 1 slopes or steeper.
15. A stable emergency overflow (EOF) for the pond shall be provided. The EOF could consist
of rip rap and geotextile fabric or a turf re-enforcement mat (a permanent erosion control
blanket). A typical detail shall be included in the plan.
16. Energy dissipation shall be provided for all inlets and outlets within 24 hours of installation
17. Wimco-type or other comparable inlet controls shall be used and installed within 24 hours of
installation of the inlets. Perimeter controls and inlet protection shall be in place and
maintained as needed until 70% of the vegetation is established.
18. Typical building lot controls shall be shown on the plan in a typical detail. These controls
shall include perimeter controls (silt fence), rock driveways, street sweeping, inlet control
and temporary mulch after final grade and prior to issuing the Certificate of Occupancy
(CO).
4
Planning Commission Summary - June 20, 2006
19. The proposed storm water pond shall be used as a temporary sediment basin during mass
grading. The pond shall be excavated prior to disturbing up-gradient areas. Plans shall show
how the temporary basin will be constructed and how water will be diverted to the temporary
basin. Berms and/or ditches may be needed to divert water to the pond, and temporary pond
outlets are needed. The outlet could be a temporary perforated standpipe and rock cone. The
plans shall be revised to include a detail for the temporary pond outlet.
20. The proposed silt fence along Wetland Basin B shall be Type 2 silt fence, as specified in
Chanhassen Standard Detail Plate 5300. Type 1 silt fence may be used for the remainder of
the site. The grading plan shall be revised to show the proposed silt fence following the
grading limits for the site and shall be located outside of the required 16.5-foot wetland
buffer. Silt fence shall be placed at the proposed high water level elevation of the proposed
storm water pond.
21. Street gutters and catch basins are considered "surface waters" and shall be protected from
exposed soils with a positive slope within 200 linear feet. Following installation of curb and
gutter, silt fence shall be installed curbside along all positive slopes to the street with exposed
soils.
22. Plans shall be revised to show erosion and sediment control measures for the road ditch along
Lyman Boulevard. All perimeter controls shall be inspected by the city and the SWCD prior
to grading.
23. Details for concrete washout areas where drivers will wash out their trucks and how the
water will be treated should be developed and included in the SWPPP.
24. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed.
25. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $195,293.
26. The owner/operator of the proposed development shall apply for and obtain permits from the
appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District,
Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota
Department of Natural Resources (for dewatering), Minnesota Department of Transportation,
Minnesota Department of Health) and comply with their conditions of approval.
27. Tree protection fencing shall be installed prior to construction around all areas designated for
preservation and/or at the edge of proposed grading limits.
28. A walk-through inspection of the silt/tree preservation fence shall be required prior to
construction.
5
Planning Commission Summary - June 20, 2006
29. No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
30. The applicant shall increase landscape plantings along the east property line to minimum
bufferyard requirements.
31. No trees shall be removed behind the northwestern corner of the silt fence as shown on
grading plans dated 05/19/06.
32. A total of 139 trees shall be planted in the development as required for canopy coverage.
33. All existing buildings, driveways and accessory structures must be removed before grading
commences.
34. The lowest floor elevation of 106 Lakeview Road East must be field verified.
35. The high water level of the proposed pond must be minimum three feet lower than the lowest
floor elevation of the adjacent homes along Lakeview Road East.
36. The high water level of the wetland must be determined.
37. The proposed grading in the northwest corner near the wetland needs to be adjusted so that
the first floor elevation of the homes within Lot 13, Block 2 are at least one foot above the
emergency overflow elevation of the wetland.
38. Pavement grades at the following locations must be adjusted so that the grade does not
exceed 7%: West of Building A, and the northern street extending from the Lakeview Road
East intersection.
39. Private driveway grades shall not exceed 10%.
40. Ground (i.e. non-paved) surface grades shall not be less than 2%.
41. Emergency overflow locations and elevations must be shown on the plan.
42. High point elevations between the catch basins must be shown along the east side of Block 2.
43. Each lot must be provided with separate sewer and water services.
44. An easement is required from the appropriate property owner for any off-site grading.
45. If importing or exporting material for development of the site is necessary, the applicant will
be required to supply the City with detailed haul routes.
6
Planning Commission Summary - June 20, 2006
46. Building permits are required for all retaining walls four feet tall or higher and must be
designed by a Structural Engineer registered in the State of Minnesota.
47. All sanitary sewer, watermain and storm sewer within this site shall be privately owned and
maintained.
48. The watermain extension from Lyman Boulevard must be wet-tapped and must be done
under traffic.
49. The developer must provide ingress/egress to the North Bay residents for the duration of the
utility extension within Lake Riley Road East.
50. Each new lot is subject to the sanitary sewer and water hookup charges. The 2006 trunk
hookup charge is $1,575 for sanitary sewer and $4,078 for watermain. Sanitary sewer and
watermain hookup fees may be specially assessed against the parcel at the time of building
permit issuance. All of these charges are based on the number of SAC units assigned by the
Met Council and are due at the time of building permit issuance.
51. The 15-foot wide sanitary sewer easement on the northwest side of the property must be
vacated.
52. The proposed pool house must not lie within the drainage and utility easement.
53. The payment of full park dedication fees at the rate in force upon final plat approval in lieu of
parkland dedication.
54. The applicant shall provide all design, engineering, construction and testing services required
of the "Lyman Boulevard Trail." All construction documents shall be delivered to the Park
and Recreation Director and City Engineer for approval prior to the initiation of each phase
of construction. The trail shall be 10 feet in width, surfaced with bituminous material, and
constructed to meet all city specifications. The applicant shall be reimbursed for the actual
cost of construction materials for the Lyman Boulevard Trail. This reimbursement payment
shall be made upon completion and acceptance of the trail and receipt of an invoice
documenting the actual costs for the construction materials utilized in its construction.
55. The trail connection at the northeast corner of the site connecting the Lakeside area to the future
Highway 212 trail and underpass, as depicted in the applicant's plans, is completed."
All voted in favor except Commissioner Keefe who opposed and the motion carried with a
vote of 5 to 1.
Papke moved, Larson seconded that the Planning Commission recommends approval of
Site Plan for 233 housing units and a community building with pool, plans prepared by
Pioneer Engineering, dated May 19,2006, revised June 7, 2006, with a Variance for building
height for the condominium units, subject to the following conditions:
7
Planning Commission Summary - June 20, 2006
1. The applicant shall enter into a site plan agreement with the City and provide the necessary
security to guarantee erosion control, site restoration and landscaping.
2. The pool, including the pool deck, shall be relocated outside the 50-foot setback from Lyman
Boulevard.
3. Accessibility must be provided to all portions of the development and a percentage of the
units may also be required to be accessible or adaptable in accordance with Minnesota State
Building Code Chapter 1341. Further information is needed to determine these requirements.
4. Buildings over 8500 square feet of floor area are required to be protected with an automatic
sprinkler system. For the purposes of this requirement property lines do not constitute
separate buildings and the areas of basements and garages are included in the floor area
threshold.
5. The buildings will be required to be designed by an architect and engineer as determined by
the Building Official.
6. Demolition permits must be obtained before demolishing any structures on the site.
Application for such permits must include hazardous substances investigative and proposed
mitigation reports.
7. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
8. Walls and projections within three feet of property lines are required to be of one-hour fire-
resistive construction.
9. Retaining walls over four feet high require a permit and must be designed by a professional
engmeer.
10. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees,
shrubs, bushes, Xce1 Energy, Qwest, cable TV and transformer boxes. This is to ensure that
fire hydrants can be quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance #9-1.
11. Yellow curbing and "No Parking Fire Lane" signs will be required. Contact Chanhassen Fire
Marshal for exact location of yellow curbing and locations of signs to be installed.
12. Fire apparatus access roads and water supply for fire protection is required to be installed.
Such protection shall be installed and made serviceable prior to and during the time of
construction except when approved alternate methods of protection are provided.
13. Temporary street signs shall be installed at street intersections once construction of the new
roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire code Section 501.4.
8
Planning Commission Summary - June 20, 2006
14. Fire apparatus access roads shall be designed and maintained to support the imposed load of
fire apparatus and shall be serviced so as to provide all-weather driving capabilities.
Pursuant to Minnesota State Fire Code Section 503.2.3.
15. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be
removed from site or chipped.
16. Approved fire apparatus access roads (driveways) shall be provided for every facility,
building or portion of a building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access roads shall comply with requirements of Section 503
and shall extend to within 150 feet of all portions of the facility or any portion of the exterior
wall of the first story of the building as measured by an approved route around the exterior of
the building or facility. Exceptions: Fire Marshal is authorized to increase the dimension
of 150 feet where the building is equipped throughout with an approved automatic
sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. Pursuant to
Section 503.1.1 2000 Minnesota Fire Code."
All voted in favor except Commissioner Keefe who opposed and the motion carried with a
vote of 5 to 1.
Papke moved, Larson seconded that the Planning Commission recommends approval of
Conditional Use Permit for a recreational beach lot with a Variance from the requirement
that 80 percent of the units within 1,000 feet of the recreational beach lot, plans prepared by
Pioneer Engineering, dated May 19,2006, revised June 7, 2006, subject to the following
conditions:
1. A conditional use permit (CUP) shall be obtained from the City prior to the operation of a
recreational beach lot.
2. The plans shall be revised to depict the OHW of Lake Riley, which is 865.3. All structures
shall be located a minimum of75 feet from the OHW. The proposed fire pit shall be located
a minimum of75 feet from the OHW and shall be buffered from the lake by vegetation. No
grading or intensive clearing of vegetation shall occur within the shore impact zone (all areas
within 37.5 feet of the OHW).
3. The area of Outlot B shall be recalculated to include only the area within the outlot above the
OHW. The amount of shoreline for Outlot B shall be calculated along the OHW. The
number of docks and slips permitted by the conditional use permit for the beach lot shall not
exceed the number of docks and slips allowable by City Code for the actual beach lot area
and frontage.
4. All existing amenities and/or structures (including any docks, existing beach that is not
proposed to remain and the boat launch) on Outlot B, North Bay shall be removed. A boat
launch is not permitted.
9
Planning Commission Summary - June 20, 2006
5. The applicant shall work with staff on the design of and materials for proposed path from
Lyman Boulevard to the dock to minimize the impacts of runoff from the path to the
shoreline and Lake Riley.
6. The proposed walking path along the shoreline shall be made of a pervious surface such as
mulch, crushed rock or turf grass and shall not be located below the OHW. Special attention
shall be paid to ensure that the path materials are not prone to erosion. The plans shall be
revised to show the woodland gardens above the OHW of Lake Riley.
7. An individual permit shall be obtained from the DNR for any beach sand applications that do
not meet the DNR standards for sand blanket applications without an individual permit.
8. One beach area shall be permitted to minimize impacts to the lake and to adjacent residents.
9. The applicant shall work with staff on the placement of the beach lot infrastructure to
preserve as many of the existing trees in that area as possible. A survey of the area with the
tree locations will be required and used to facilitate tree preservation. The applicant shall
also work with staff on the location of the woodland path and woodland gardens along the
path. "
All voted in favor except Commissioner Keefe who opposed and the motion carried with a
vote of 5 to 1.
PUBLIC HEARING:
ABRA AUTO BODY & GLASS: REQUEST FOR A CONDITIONAL USE PERMIT
FOR AN AUTOMOBILE BODY REPAIR SHOP AND SITE PLAN REVIEW FOR 14.430
SQUARE FOOT EXPANSION TO A 4.074 SQUARE FOOT BUILDING ON 1.89 ACRES
LOCATED AT 60 LAKE DRIVE EAST. PROPERTY ZONED HIGHWAY BUSINESS
DISTRICT. APPLICANT ABRA AUTO BODY. PLANNING CASE 06-24.
Public Present:
Name
Address
Henry Cornelius
Maleah Alosta
Carol Kahnke
6322 Timber Trail, Minneapolis, 55439
Alliant Engineering, 233 Park Ave, Mpls
154 Choctaw Circle
Bob Generous presented the staff report on this item. Commissioner Dillon asked for
clarification on the number of parking spots and cars that can be parked outside. Henry
Cornelius spoke on behalf of Abra Auto Body and Glass and addressed the issue of outside
parking spots. Commissioner Papke stated his only concern with this proposal is air pollution
issues associated with the paint booth. Chairman McDonald opened the public hearing. Carol
Kahnke, 154 Choctaw Circle was concerned with the number of cars allowed to be parked
outside of the building. Chairman McDonald closed the public hearing. After commission
comments the following motion was made.
10
Planning Commission Summary - June 20, 2006
Keefe moved, Undestad seconded that the Planning Commission recommends approval of
Planning Case #06-24 for Site Plan approval for a 14,430 square-foot expansion to a 4,074
square-foot building, plans prepared by Alliant Engineering, Inc., dated 5/19/06, subject to
the following conditions:
1. The applicant shall enter into a site plan agreement with the City and provide the necessary
security to guarantee erosion control, site restoration and landscaping.
2. The addition is required to have an automatic fire extinguishing system.
3. The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
4. The expansion must comply with Minnesota Accessibility Code (MSBC 1341 required).
5. A separate sign permit shall be required for each sign proposed on the site.
6. The lighting must be shielded to prevent off-site glare.
7. The builder must comply with the following fire prevention policies: 04, 06, 07, 29, 34, 36,
40,47,49 and 52.
8. The applicant shall protect all existing trees to be preserved during grading and construction.
Any trees damaged, removed or killed that were to be saved shall be replaced by the
applicant prior to final inspection for the site. Trees with less than 60% canopy shall be
replaced before landscaping financial guarantees are released.
9. Mechanical equipment must be screened. No wooded fences are permitted on the roof.
10. A wetland buffer 16.5 to 20 feet in width (with a minimum average width of 16.5 feet) shall
be maintained around Wetland A. Wetland buffer areas shall be preserved, surveyed and
staked in accordance with the City's wetland ordinance. The applicant shall install a minimum
of 4 wetland buffer edge signs, under the direction of City staff, before construction begins and
shall pay the City $20 per sign. All structures shall maintain a 40- foot setback from the edge
of the wetland buffer.
11. A temporary cover of mulch and temporary seed shall be in place within 14 days of rough
and or final grade for any exposed soils or if any exposed soils are not actively worked
within a 14-day time period.
12. During installation of the proposed storm sewer infrastructure to the existing storm sewer,
temporary caps or plugs shall be needed until the installation of the pipes and inlets are
complete to prevent sediment from entering the storm sewer.
13. Plans shall include a designated concrete washout area and/or plans on how the development
will handle the concrete wash water.
11
Planning Commission Summary - June 20, 2006
14. All perimeter controls and inlet protections shall remain in place until 70% of the area is
permanently protected by vegetative cover.
15. Wimco-type or other comparable inlet controls shall be used and installed within 24 hours of
installation of the inlets. Additional existing catch basins immediately adjacent to the project
shall also be protected.
16. The proposed silt fence along Wetland A shall be Type 2 silt fence, as specified in Chanhassen
Standard Detail Plate 5300. Type 1 silt fence may be used for the remainder of the site. The
grading plan shall be revised to show the proposed silt fence following the grading limits for the
site and shall be located outside of the required 16.5-foot wetland buffer. All perimeter controls
shall be inspected by the city and the SWCD prior to grading.
17. The applicant shall make certain that all construction equipment uses the entire length of the
rock construction entrance and that the entrance is properly maintained to minimize soil tracking
onto streets. Street cleaning of soil tracked onto public streets shall include daily street scraping
and street sweeping as needed.
18. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES
Phase II Construction Site Permit), Minnesota Department of Natural Resources (for
dewatering), Army Corps of Engineers, Minnesota Department of Transportation (for discharge
into their storm water infrastructure), Minnesota Department of Health) and comply with their
conditions of approval.
19. The developer's engineer must submit data showing that the proposed runoff rate and volume
to the existing storm sewer on the north side of the site will not exceed the existing rate and
volume.
20. The developer's engineer must verify that the existing stormwater pond southwest of the site
has adequate dead and live storage for the additional impervious surface.
21. The existing service must be abandoned at the main.
22. The wet tap must occur outside the operating hours of the businesses which access the
private drive.
23. The developer's contractor must submit a written request to the City Engineer for the
proposed construction time and date for the wet tap."
All voted in favor and the motion carried unanimously with a vote of 6 to o.
Keefe moved, Undestad seconded that the Planning Commission recommends approval of
Planning Case #06-24 for a Conditional Use Permit for a major auto repair and body shop,
subject to the following conditions:
12
Planning Commission Summary - June 20, 2006
1. The development shall comply with the site plan requirements approved as part of Planning
Case #06-24.
2. No unlicensed or inoperable vehicles shall be stored on premises except in appropriately
designed and screened storage areas.
3. The drop-off location for damaged vehicles will be limited to the parking stalls in the
southwest corner of the lot behind the evergreens.
4. All repair, assembly, disassembly and maintenance of vehicles shall occur within closed
building except minor maintenance including, but not limited to, tire inflation, adding oil and
wiper replacement.
5. No exterior public address system is permitted.
6. No sales, storage or display of used automobiles or other vehicles such as motorcycles,
snowmobiles, or all-terrain vehicles.
7. Disposal of vehicle fluids shall comply with Minnesota Pollution Control Agency
regulations.
8. Facilities for the collection of waste oil must be provided."
All voted in favor and the motion carried unanimously with a vote of 6 to o.
PUBLIC HEARING:
THOMAS SCHWARTZ: REQUEST FOR VARIANCE TO ALLOW STRUCTURES
WITHIN 40 FOOT WETLAND BUFFER SETBACK ON PROPERTY LOCATED AT
7376 BENT BOW TRAIL. PLANNING CASE 06-22.
Don Asleson presented the staff report on this item. Chairman McDonald asked for clarification
on the extent of construction involved with the gazebo and fire pit area. Thomas Schwartz
presented background information relative to his variance request. Commissioner Larson asked
for an explanation of why conservation easements weren't put on plat drawings. Commissioner
Dillon asked staff to comment on what further harm would be done to the wetlands if the
structures were kept in place. Chairman McDonald opened the public hearing. No one spoke
and the public hearing was closed. After commission discussion and comments, the following
motion was made.
Papke moved, U ndestad seconded that the Planning Commission denies the 52 foot
variance for the 175 square foot gazebo and the 45 foot variance from the 230 square foot
patio/fire ring structures based on the findings of fact in the staff report and the following:
1. The applicant's hardship is self created in nature.
2. The applicant has reasonable use of the property.
13
Planning Commission Summary - June 20, 2006
3. The conditions upon which a petition for a variance is based are applicable, generally to
other property within the same zoning classification.
In addition, the Planning Commission orders the applicant to remove the structures from within
the wetland buffer setback and restore native vegetation to disturbed areas as required by city
code. If the structures are to remain on the property with conforming setbacks, building permits
and zoning permits must be obtained. The applicant shall also install wetland buffer signs
provided by the City at the monument locations.
All voted in favor, except Larson and Dillon who opposed, and the motion carried with a
vote of 4 to 2.
PUBLIC HEARING:
GARY CARLSON: VARIANCE REQUEST FOR RELIEF FROM 30 FOOT FRONT
YARD SETBACK REQUIREMENTS FOR THE CONSTRUCTION OF AN EXISTING
FOUR STALL GARAGE AND RELIEF FROM THE 1.000 SQUARE FOOT DETACHED
ACCESSORY STRUCTURE RESTRICTION FOR THE RSF DISTRICT. THE SITE IS
LOCATED IN THE SINGLE FAMILY RESIDENTIAL (RSF) DISTRICT AT 3891
WEST 62ND STREET. PLANNING CASE 06-23.
Josh Metzer presented the staff report on this item. The commissioners asked for clarification on
why this request was coming before the commission again and what had changed. Luke
Melchert, speaking on behalf of the applicant, presented their request. Commissioner Larson
asked for clarification on the agreement between the City and Mr. Carlson which allows 3,000
square feet of accessory structures. Chairman McDonald asked for clarification on how this
agreement came about. Chairman McDonald opened the public hearing. Gary Carlson, 3891
West 62nd Street presented a letter of support from an additional neighbor and reviewed the other
letters of support for their variance request. He showed pictures of the buildings on the property.
Chairman McDonald closed the public hearing. After commissioners comments and discussion
the following motion was made.
Larson moved, Keefe seconded that the Planning Commission denies the variance for a 22
foot front yard setback for an existing four-stall garage and relief from the 1,000 square
foot detached accessory structure restriction in the Single Family Residential (RSF)
District at 3891 West 62nd Street, based on the findings of fact in the staff report and the
following:
1. The applicant has not demonstrated a hardship.
2. The applicant has reasonable use of the property.
3. The applicant will be able to continue the non-conforming agricultural use without the
three storage buildings which were constructed without building permits.
The Planning Commission orders the applicant to demolish and permanently remove the three
storage buildings.
All voted in favor and the motion carried unanimously with a vote of 6 to O.
14
Planning Commission Summary - June 20, 2006
PUBLIC HEARING:
LOREN VELTKAMP: VARIANCE REQUEST FOR RELIEF FROM 30 FOOT FRONT
YARD SETBACK REQUIREMENT FOR THE EXPANSION OF SECOND LEVEL OF
HOME WITH NON-CONFORMING SETBACKS. TWO SETBACK VARIANCES
WILL BE REQUIRED BECAUSE THE PROPERTY IS A CORNER LOT. THE SITE IS
LOCATED IN THE SINGLE FAMILY RESIDENTIAL (RSF) DISTRICT AT 6724
LOTUS TRAIL. PLANNING CASE 06-25.
Public Present:
Name
Address
Sig & Don Sennes
Pat & Keith Gunderson
Jeff King
Bruce Johansson
Jim Boeshans
Mike Henderson
Shelly Berg
6680 Mohawk Drive
6661 Mohawk Drive
767 Carver Beach Road
6701 Mohawk Drive
6651 Pawnee Drive
6701 Mohawk Drive
6701 Mohawk Drive
Josh Metzer presented the staff report on this item. Commissioner Keefe asked staff to explain
how granting this variance will help with enforcement of rental property. Commissioner Dillon
asked about the current status of the rebuilding. Commissioner Papke asked for clarification on
the building permit history and conditions regarding city code. Chairman McDonald asked for
clarification on the issue of intensifying a non-conforming use. Commissioner Dillon asked staff
to comment on if this was not a rental situation, if staff would recommend approval of the
variance. The applicant, Loren Veltkamp provided historical background on this property and
the reasons for his variance request. Chairman McDonald directed staff to find out if a boarding
house, which is what Mr. Veltkamp has, is treated differently than an apartment building.
Papke moved, Dillon seconded that the Planning Commission table the variance request for
6724 Lotus Trail, Planning Case 06-25, until staff can come back with something that
clearly delineates the legal ramifications and doesn't attempt to enforce something that
seems to be ill defined by granting a variance. All voted in favor and the motion carried
unanimously with a vote of 6 to o.
APPROVAL OF MINUTES: Commissioner Larson noted the verbatim and summary
minutes of the Planning Commission meeting dated June 6, 2006 as presented.
Chairman McDonald adjourned the Planning Commission meeting at 11:10 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
15