PC Minutes 10-19-21Planning Commission Minutes – October 19, 2021
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Sharon Gatto, applicant, has lived on the property for 30 years and planted 300-400 bushes and
trees and with the disease they are losing their privacy. She stated they are hoping to take the
berm to the street level and put in trees and plantings to make a beautiful corner.
Vice Chair von Oven opened the public hearing.
Vice Chair von Oven closed the public hearing.
Commissioner Alto moved, Commissioner Reeder seconded that the Chanhassen Planning
Commission recommends that the City Council approve the Interim Use Permit (IUP) to
allow site gradings at 9631 Foxford Road subject to Conditions of Approval and Findings
of Fact and Decision recommendations.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING:
CONSIDER A REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT (IUP)
2021-03 TO AMEND THE COMPLETION DEADLINE, HAUL ROUTE AND STORAGE
AREA, BLACK CHERRY DEVELOPMENT, LLC (ERHART)
Project Engineer Henricksen gave a presentation on Planning Case 2021-03. The location of the
wetland dredging project is west of Great Plains Boulevard and east of Eagle Ridge Road. This is
an IUP that was previous approved by Planning Commission and City Council. The property is
zoned Agricultural Estate A-2 and has been approved for Preliminary Plat. He noted Wetland 2
is being proposed for the amendment and it is the same ultimate grading plan proposing 21,200
cubic yards of material to be excavated which needs to be completed in the winter months. Due
to weather conditions the previous year it was not completed which is why the applicant is
requesting an extension of the IUP. There is an amended haul route and stockpile location.
Commissioner Noyes asked why there is a change in haul route and stockpile location.
Mr. Henricksen replied it is because the Erhart Farms subdivision is going through the process of
final platting, construction plans, and build-out so they cannot put the stockpile there.
Dan Blake, Black Cherry Development, noted they began work the previous winter. It is about
three weeks of work and they got a week-and-a-half of work done and then the weather turned
warm. They were at risk of losing trucks in the marsh so they had to stop. He noted this will
include two weeks of work in the winter and it will happen pretty quickly.
Vice Chair von Oven opened the public hearing.
Vice Chair von Oven closed the public hearing.
Planning Commission Minutes – October 19, 2021
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Commissioner Noyes noted they are really just extending the date with the relocation of the haul
route and stockpile location. It is pretty straightforward in his opinion.
Commissioner Johnson moved, Commissioner Alto seconded that the Chanhassen
Planning Commission recommends that the City Council approve the amendment to the
Interim Use Permit (IUP) to allow site grading by extending the completion deadline to one
(1) year from City Council approval, and the haul route and stockpile location subject to
the Conditions of Approval and adoption of Findings of Fact and Recommendation.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING:
CONSIDER A REQUEST FOR SETBACK MAXIMUM SIZE VARIANCES FOR A
WATER-ORIENTED ACCESSORY STRUCTURE (WOAS) AND A HEIGHT
VARIANCE TO ALLOW A SIX-FOOT, SIX-INCH HIGH OPAQUE FENCE WITH THE
REQUIRED FRONT YARD AND SHORELAND SETBACKS ON PROPERTY
LOCATED AT 6609 HORSESHOE CURVE
Commissioner Noyes moved, Commissioner Johnson seconded that the Chanhassen
Planning Commission table this item: Request for Variances at 6609 Horseshoe Curve.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING:
CONSIDER A REQUEST FOR WETLAND BUFFER AVERAGING, WETLAND
SETBACK VARIANCES, YARD SETBACK VARIANCES, AND OTHER VARIANCES
FOR THE CONSTRUCTION OF A SINGLE-FAMILY HOME, SEPTIC SYSTEM, AND
DRIVEWAY, PID 25.0080200
Associate Planner MacKenzie Young-Walters gave a presentation on Planning Case 2021-20. He
clarified that if the Planning Commission approves or denies by less than a ¾ majority vote it
automatically goes to the City Council on November 8, 2021. Alternatively, the decision can be
appealed within a 4-day window where an appeal received in writing will refer this item to the
City Council on November 8, 2021. This is a peninsula on Lake Minnewashta and the variances
are from the minimum wetland buffer requirements and from the principal and accessory
structure wetland setback to facilitate the construction of a single-family home on the lot. The
parcel is zoned Rural Residential, is within the 1,000-foot Shoreland Overlay zone, is riparian,
and the zoning district requires a 2.5-acre minimum lot area. Mr. Young-Walters shared the
setbacks for Rural Residential and noted the widening of Highway 5 may alter the property’s
access; access may be removed or converted to right-in, right-out. Highway 5 is not a City road,
therefore MnDOT has jurisdiction over the access. The applicant is aware of all of these
elements and development is at their own risk (noise, access, traffic, etcetera). The lot is 2.12
acres in size and the proposal is to extend the driveway and construct a home with porches, a
patio, and a septic system. Mr. Young-Walters spoke about buffer averaging through the