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04-19-2022CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 19, 2022 CALL TO ORDER: Chairman von Oven called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Mark von Oven, Eric Noyes, Erik Johnson, Perry Schwartz, Ryan Soller, Edward Goff. MEMBERS ABSENT: Kelsey Alto. STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Young- Walters, Associate Planner; Bob Generous, Senior Planner; Joe Seidl, Water Resources Engineer; Erik Henricksen, Project Engineer. PUBLIC PRESENT: Keith Anderson 8043 Cheyenne Avenue Ben Campion 204 W. 77th Street Mike Werth Techniques Construction Mary and Michael Meuwissen 4265 County Road 123, Mayer, MN Ed Szalapski 850 Pleasant View Road Todd Simning Ador Homes Matt Pavek Civil Site Group Dan Blake Black Cherry Development Tim Erhart 9611 Meadowview Drive, Chanhassen, MN Nick Pekarek 202 Chan View Bryce Marsh PUBLIC HEARING: 204 W. 77TH STREET: CONSIDER A REQUEST FOR A VARIANCE TO PERMIT A SIX-FOOT PRIVACY FENCE Associate Planner Young-Walters gave a presentation on the item, noting the Applicant is proposing a 6-foot high privacy fence within the front yard setback. A 30-foot setback is required off Erie Avenue and fences within the setback are limited to three feet in height if opaque or four feet in height if open construction because it is a corner lot. There is an existing 5-foot high chain link fence that is partially within the required 30-foot setback. The Applicant is requesting to install a 6-foot high privacy fence that would maintain the 5.9-foot setback from Erie Avenue. The justification is that the property does not have a lot of privacy because it has street frontages on both sides. The lot’s triangular shape and non-conforming house placement mean that a privacy fence would not be permitted in most of the rear or side yard under City Code. The Applicant has noted that nearby lots including the corner lot across the street have privacy fences and they do not believe their proposal would negatively impact the neighborhood. Staff believes the overall intent of the fence ordinance is to allow for residents to have private rear and side yards and they view this as an exceptional case where, due to the non-conforming placement of Planning Commission Minutes – April 19, 2022 2 the primary structure, the front yard setback does not align with the front of the house. Staff believes the property’s unique shape and size create a practical difficulty and recommends approval. Chairman von Oven opened the public hearing. Chairman von Oven closed the public hearing. Commissioner Noyes moved, Commissioner Johnson seconded that the Chanhassen Board of Appeals and Adjustments, approves a variance to permit the Applicant to construct a six-foot privacy fence within the front yard setback along Erie Avenue, subject to the conditions of approval, and adopts the attached Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: 6430 PLEASANT VIEW LANE: CONSIDER A REQUEST FOR A SIDE YARD SETBACK VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION Senior Planner Generous gave a staff report on the item, noting the house is currently built five feet from the side property line on a non-conforming lot and the proposed expansion would still be under the 25% hardcover limit. The Applicant would like to expand the house along the same plane to extend the garage. The proposed expansion creates a tandem garage with interior storage and expands the living area. Mr. Generous checked on four variances regarding nearby properties and only one was granted for the same reason, to expand the house along the existing plane of the structure. The Applicant wants to maintain the integrity of the building. Staff believes the request is reasonable and recommends approval of the five-foot north yard setback variance with an allowance for the 18-inch eaves. Mike Werth is representing the homeowner and said currently the house is over the setback. He showed plans and explained the design choice. Chairman von Oven opened the public hearing. Chairman von Oven closed the public hearing. Commissioner Noyes stated another case was approved that was almost an identical type of variance request of an addition on the same plane, so there is some precedent they are following. It seems like a reasonable solution. Chairman von Oven said if the neighbors are good with it, he is also, as one cannot tell what is going on back there. Chairman von Oven moved, Commissioner Goff seconded that the Chanhassen Board of Appeals and Adjustments approves a five-foot structure side yard setback variance with an additional 18-inch encroachment for the eaves subject to the to the conditions of approval, and adopts the Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Planning Commission Minutes – April 19, 2022 3 PUBLIC HEARING: 855 PLEASANT VIEW ROAD: CONSIDER A REQUEST FOR SUBDIVISION REVIEW FOR TWO LOTS WITH VARIANCES FOR THE USE OF A PRIVATE STREET AND A NECK LOT Senior Planner Generous gave a staff report, noting this is a two-lot subdivision and the proposed development is consistent with the guided use of residential low-density. The proposed subdivision creates two single-family lots, the first adjacent to Pleasant View Road and the second is the neck lot. There is a wetland located on the southern part of the property. Staff directed the Applicant to come in from one access point via a private street and the only public improvement would be the extension of a water line across Pleasant View Road and the installation of a fire hydrant. Water Resources Engineer Seidl said regarding drainage and grading on the site, the project area generally slopes down from the northwest with some relatively steep slopes on the site. Stormwater runoff is conveyed through properties on the east to Fox Path Road where it is collected by public infrastructure and outlets into Lotus Lake. Mr. Seidl shared the Watershed District rules including the abstraction rule, water quality rule, and peak discharge rate rule and spoke about potential impacts or adverse effects for the development and for the Applicant to design around those potential impacts. He received comments from two residents who are concerned about the project as they are directly downstream. Mr. Generous stated Staff believes the Applicant meets all these findings and recommends approval of the subdivision with the variances for the private street and neck lot subject to the conditions of approval of the Staff report. Matt Pavek, Civil Engineer on the project, shared they are almost through the preliminary design phase, everything is sized, and the final design will meet all the requirements. They are working with the Watershed District as they have rather robust requirements, as well. Todd Simning, working with the Applicant, shared that historically there were two houses on the property which discharged stormwater offsite. That definitely did have an impact to the downstream neighbors. He noted they are upsizing the basins to be sure that there is not an issue for any parties. Chairman von Oven opened the public hearing. Ed Szalapski, 850 Pleasant View Road, welcomes the development and thinks the houses will be a great improvement to the neighborhood. He thanked Mr. Generous for asking the Applicant to put in a single private road rather than three driveways. Mr. Szalapski was looking through plans for utilities noting his driveway is right across and would like a guarantee that someone without a four-wheel drive truck will be able to get in and out of there. He noted he bought his property in 1994 and in looking at the original plats he has a little strip of land on the south side of Pleasant View Road across from his property. He believes it is within the City right-of-way but the City is not using it; his understanding is that it is still his property and he wants to make sure the new development will not encroach on that. He worries about subtracting that land from his property when it comes to hardcover calculations and things like that. Planning Commission Minutes – April 19, 2022 4 Mr. Generous noted Staff disagrees with Mr. Szalapski’s analysis that he owns that property as it was shown as platted right-of-way which puts it in the City’s ownership. Chairman von Oven closed the public hearing. Commissioner Johnson moved, Commissioner Schwartz seconded that the Chanhassen Planning Commission recommends City Council approve a request for subdivision review for two lots with variances for the use of a private street and a neck lot on property located at 855 Pleasant View Road subject to the conditions of the staff report, and adopts the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: 775 AND 731 W. 96TH STREET (ERHART FARM): CONSIDER A REQUEST FOR REZONING AND PRELIMINARY PLAT TO ADD TWO LOTS TO THE APPROVED PRELIMINARY PLAT FOR THE ERHART FARM DEVELOPMENT WITH A VARIANCE FROM THE TREE REPLACEMENT REQUIREMENT Mr. Generous noted this is an amendment to a preliminary plat that was previously approved. The Applicant is adding 1.08 acres to the development. As part of this, they must rezone the property from agricultural to single-family residential which is consistent with the Comprehensive Plan. Mr. Generous noted the only revision is because of a small area on the south end. He shared about tree preservation and landscaping noting the variance from the tree replacement requirement is for using less than 2.5 inch tree stock and certified nursery tree stock. Staff recommends approval. Mr. Henricksen gave an overview of grading and drainage, noting the changes are not substantial. The site is proposed to be mostly mass graded and tree clearing has already commenced. Mr. Henricksen spoke about public sanitary and water mains, as well as stormwater. Dan Blake, Black Cherry Development, spoke about Outlot A, maintenance, and the tree question on the west side of the street. The Applicant thinks trees along the west side would have the most visible benefit to the public and neighborhood. They would agree to relocating or replacing those trees in the future. Chairman von Oven opened the public hearing. Chairman von Oven closed the public hearing. Commissioner Schwartz moved, Commissioner Soller seconded that the Chanhassen Planning Commission recommends City Council approve the amended preliminary plat with a variance for the tree replacement requirements subject to the conditions of the staff report, amend the rezoning to include the additional parcel, and adopts the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Planning Commission Minutes – April 19, 2022 5 PUBLIC HEARING: CONSIDER A CODE AMENDMENT REGULATING THE OUTDOOR STORAGE OF WATERCRAFT ON RESIDENTIAL PROPERTIES Mr. Young-Walters gave the staff report on the item, noting the item will go before City Council on May 9, 2022. The issue is the desirability of amending City Code to permit the seasonal storage of watercraft in residential driveways. The existing ordinance restricts watercraft storage to the side and rear yards of properties. Because of side yards on lots it is not always possible for residents to put their boats in that location and additionally when individuals violate the ordinance it is difficult to enforce due to the mobile nature of trailers and watercrafts which can create frustration. The proposed solution is to allow one watercraft trailer and associated watercraft to be stored on driveways between April 1 and October 1. Homeowners associations would still retain the ability to establish standards for their neighborhoods. Staff believes this would make it easier to enforce and believes it strikes a balance between allowing residents reasonable use of their property and preserving the character of the City’s neighborhoods. Mr. Young-Walters showed exhibits and examples on screen. He shared about resident feedback, noting 10 emails were received with six in opposition to the proposed changes and four in support. All comments were forwarded to the Planning Commissioners. The Commissioners asked clarifying questions regarding the potential amendment and discussed different scenarios, driveway lengths, sight lines, RV’s and other storage uses versus boats, and safety. Chairman von Oven opened the public hearing. Bryce Marsh stores his boat at his cabin in the summer and in his garage in the winter. He has been cited multiple times with his boat in the driveway bringing it back from the cabin or pulling it out of the garage. He advocates for adding RV’s. Nick Pekarek, 202 Chan View, is an outdoorsman and needs access to the boat until the water freezes up. He noted to park a boat alongside his garage, he only has a 5-6 foot space available. He is asking for longer dates in the fall and does not understand why he cannot park a boat in the driveway. Chairman von Oven closed the public hearing. Chair von Oven said there is no denying that the City is somewhat divided on this issue. There is a desire to allow people to use their property for the hobbies they have and he was both surprised and disappointed when it did not pass the City Council two years ago. He agrees that the date is wrong and would like to amend it to at least November 1 if not December 1. Commissioner Noyes thinks the percentage of outdoor stored boats goes down after Labor Day. Commissioner Schwartz asked why the language pertaining to RV’s and other types of vehicles was removed from the proposed language. Planning Commission Minutes – April 19, 2022 6 Mr. Young-Walters replied the City Council directed Staff to explore watercraft and watercraft trailers only. Chairman von Oven moved, Commissioner Noyes seconded that the Chanhassen Planning Commission recommends the City Council approve the proposed amendment to Sections 1- 2 and 20-909 of the Chanhassen City Code concerning the outdoor storage of watercraft, amended with the start date of April 1 and end date of December 1. All voted and the motion carried with a vote of 5 to 1. APPROVAL OF MINUTES: APPROVAL OF PLANNING COMMISSION MINUTES DATED MARCH 1, 2022 Commissioner Noyes noted the summary Minutes of the Planning Commission meeting dated March 1, 2022. APPROVE PLANNING COMMISSION WORK SESSION SUMMARY MINUTES DATED APRIL 5, 2022 Commissioner Goff noted the summary Minutes of the Planning Commission work session dated April 5, 2022. CITY COUNCIL ACTION UPDATE: Ms. Aanenson updated the Commissioners that the City Council approved the Code Amendment for notification public hearing timelines; the Degler Farm IUP was extended to 50 years; there was approval of a mixed-use development rezoning; approval of the Dakota Retail Site Plan Agreement was tabled to the April 25, 2022 City Council meeting; and the year-end work report was presented to the City Council. ADJOURNMENT: Commissioner Soller moved to adjourn the meeting. The Planning Commission meeting was adjourned at 9:06 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Jean Steckling Sen. Admin. Support Specialist