PC SUM 2006 07 18
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
JULY 18, 2006
Chairman McDonald called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Jerry McDonald, Debbie Larson, Mark Undestad, Kurt Papke, Dan
Keefe and Kevin Dillon
MEMBERS ABSENT:
Deborah Zorn
STAFF PRESENT:
Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; Alyson Fauske, Assistant City Engineer; and Josh Metzer, Planner I
Due to the fact that the applicant for the first item, Mr. Veltkamp was not present, item 2 was
presented first.
PUBLIC HEARING:
WAYTEK, INC.: REQUEST FOR SITE PLAN REVIEW APPROVAL FOR A 100,000
SQUARE FOOT ONE-STORY OFFICE WAREHOUSE BUILDING ON PROPERTY
LOCATED AT 2440 GALPIN COURT IN CHANHASSEN WEST BUSINESS PARK,
PLANNING CASE 06-27, EDEN TRACE CORPORATION.
Public Present:
Name Address
LuAnn & Peter Sidney 2431 Bridle Creek Trail
Bill Olson 2403 Bridle Creek Trail
Ben Merriman 8155 Mallory Court
Sue Marlock 2325 Boulder Road
Bob Lamoreaux 7660 Quattro Drive
Mike, Peter, John, Wayne & Mark Larson 7660 Quattro Drive
Barry LaBounty 2421 Bridle Creek Trail
Rod Zivkovich 2337 Boulder Road
Mark Undestad removed himself from the Planning Commission for this item. Bob Generous
presented the staff report. Commissioner Dillon asked about the number of trees required on the
site. Commissioner Keefe asked for clarification on the height of the berm and landscaping. The
applicant, Ben Merriman with Eden Trace Corporation presented samples of materials proposed
for the building, sight lines drawings, berm details and lighting. Planning Commission members
asked the applicant to speak about the number of tenants proposed the building and screening of
roof top equipment. Chairman McDonald opened the public hearing. Peter Sidney, 2431 Bridle
Creek Trail expressed concern with the height of the berm, construction of the berm interfering
with the drip line of the tree on the corner of this property, screening noise from the roof top
Planning Commission Summary – July 18, 2006
equipment, that there will be no lighting on the north side of the building, hours of operation, and
the height of the wing wall on the northeast corner. Laura who lives at 2384 Stone Creek Lane
West expressed concern with truck traffic on Galpin interfering with school traffic. Bill Olson,
2403 Bridle Creek Trail stated he would like to see as many trees as possible remain in the
northeast corner of the site. Barry LaBounty, 2421 Bridle Creek Trail stated his primary concern
was the height of the building, screening the view and noise of the air conditioning units on top
of the roof, hours of operation and associated truck traffic. Chairman McDonald closed the
public hearing and asked the owners of Waytek to address the concerns with hours of operation,
truck traffic, number of employees, and if there would be sub-leasing of any part of the building.
After commission comments and discussion the following motion was made.
PUBLIC HEARING:
LOREN VELTKAMP: VARIANCE REQUEST FOR RELIEF FROM 30 FOOT FRONT
YARD SETBACK REQUIREMENT FOR THE EXPANSION OF SECOND LEVEL OF
HOME WITH NONCONFORMING SETBACKS. TWO SETBACK VARIANCES WILL
BE REQUIRED BECAUSE THE PROPERTY IS A CORNER LOT. THE SITE IS
LOCATED IN THE SINGLE FAMILY RESIDENTIAL DISTRICT (RSF) AT 6724
LOTUS TRAIL, PLANNING CASE 06-25.
Public Present:
Name Address
Sig & Don Sennes 6680 Mohawk Drive
Keith Gunderson 6661 Mohawk Drive
Jeff King 767 Carver Beach Road
Bruce Johansson 6701 Mohawk Drive
Jim Boeshans 6651 Pawnee Drive
Mike Henderson 6701 Mohawk Drive
Shelly Berg 6701 Mohawk Drive
Liz & Matt Tibbetts 6699 Mohawk Drive
Doris Martin 6650 Pawnee Drive
Susan Telander 11516 Bender Court
Loren Veltkamp 6724 Lotus Trail
Kate Aanenson presented background information and proposed motions for the Planning
Commission to consider. Chairman McDonald asked staff to clarify actions needed to be taken
on options A, B and C. Josh Metzer presented the staff report. Commissioner Dillon asked for
clarification on the previous permits that were issued and work that was done without permits.
The applicant, Loren Veltkamp reviewed historical information on what he’s been told by city
officials in the past about the status of his property, and presented reasons why the variance
should be granted. Chairman McDonald noted that citing Supreme Court decisions had no
bearing on what was before the Planning Commission. Commissioner Larson asked the
applicant to explain what changes affecting setbacks have occurred since he purchased the house
in 1990. Commissioner Dillon asked the applicant if he would be willing to comply with the
conditions of approval if the variances are granted. Commissioner Papke asked the applicant to
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Planning Commission Summary – July 18, 2006
explain how he manages his rental agreements. Chairman McDonald opened the public hearing.
Jeff King, 767 Carver Beach Road stated his three concerns were making sure all city codes are
upheld, the number of windows on the second level overlooking the public swimming beach, and
that he would not like to see Tamarack Road vacated but used as a public walkway to the beach.
Bruce Johansson owns two properties directly west of this property, 6701 Mohawk and 6711
Mohawk. In passing around photographs he showed pictures of the second story obstructing his
view of Lotus Lake and devaluing his property. He believes Mr. Veltkamp has the right to build
the house as it was prior to the fire, but he doubled the size of the house from the time he bought
it and is relying on the rent as a source of income. Mr. Johansson, along with the neighbors
within 500 feet made a request to the Park and Recreation Commission to use Tamarack Road as
a public pathway to the beach. He also opposes the variance request because he does not believe
there is a hardship. Liz Tibbetts, 6699 Mohawk opposes granting of variances for this property.
Mike Henderson, 6701 Mohawk stated his opposition to the height variance and passed out the
sheriff’s report commenting on the type of family environment going on with the rental situation.
Chairman McDonald closed the public hearing. Loren Veltkamp commented that the roof on the
new plan will provide for a better view than the old roof. After commissioner comments and
discussion, the following motions were made.
Papke moved, Keefe seconded that the Planning Commission moves to concur with the
planning staff’s interpretation that the owner of property at 6724 Lotus Trail, Loren
Veltkamp has been renting the property as defined in the City Code Article VIII, Rental
Dwelling Licenses, Section 10-217, Rental Dwelling. All voted in favor and the motion
carried unanimously with a vote of 6 to 0.
Papke moved, Keefe seconded that the Planning Commission deny the variance for 22 foot
and 15 foot front yard setback variances for the expansion of the second level of a home
with non-conforming setbacks in the single family residential district at 6724 Lotus Trail
based on the following:
1. The applicant has reasonable use of the property.
2. The applicant has not demonstrated a hardship.
3, There’s an alternative process to secure a rental license.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
Papke moved, Larson seconded to adopt the amended Findings of Fact as stated by the
Planning Director. All voted in favor and the motion carried unanimously with a vote of 6
to 0.
Chairman McDonald reviewed the actions of the Planning Commission as agreement with the
city staff in their interpretation that the owner of the property at 6724 Lotus Trail has been
renting the property. Under the code, the Planning Commission adopted staff’s recommendation
C which states that what the applicant should do now is apply for a rental license to look at it as a
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Planning Commission Summary – July 18, 2006
two family rental on the dwelling and at that point the Planning Commission will apply, based
upon those standards, whether or not the variances would be approved.
APPROVAL OF MINUTES: Commissioner Keefe moved, Commissioner Larson seconded
to note the verbatim and summary minutes of the Planning Commission meeting dated
June 20, 2006 as presented. All voted in favor and the motion carried unanimously with a
vote of 6 to 0.
COMMISSION PRESENTATIONS:
None.
Chairman McDonald adjourned the Planning Commission meeting at 9:20 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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