MONDAY,
JANUARY 7, 2008
MINUTES
1.
CALL MEETING TO ORDER: Mayor Paul Skrede called the
meeting to order at 7:00 p.m.
PRESENT: Mayor Paul Skrede, Council members Steve Adams, John Wheaton, Keith Kask and Kim Crockett
STAFF: Police Chief Cory Johnson, Zoning
Coordinator Gus Karpas and City Administrator Dana Young
2.
PLEDGE OF ALLEGIANCE
The Council recited the Pledge of Allegiance.
3.
APPROVE CONSENT AGENDA
Administrator
Young requested that Item 3G, Approve Right of Entry Agreement with Verizon
Wireless, be pulled from the Consent Agenda.
He stated that Verizon has contacted him today requesting several
changes to the proposed agreement, which the Council has not had the
opportunity to review.
Motion
by Councilmember Adams to approve the Consent Agenda, consisting of the
following items:
A. Approve December 17, 2007
Minutes
B. Approve Verifieds
C. Approve April 7, 2008 as
Date for Board of Review
D. Adopt Resolution No. 01-08,
Appointments & Assignments for 2008
E. Adopt Resolution No. 02-08,
A Resol. of Appreciation to Outgoing Board Members
F. Adopt Resolution No. 03-08,
Authorizing an Extension of the EPDB License Agreement
G. Approve Winter Vacation
Leave Policy for Public Works Employees
Seconded by Councilmember Wheaton.
Motion carried 5-0.
City
Engineer Dave Martini was present to thank the Council for reappointing Bolton
& Menk as the City Engineer for 2008.
4.
MATTERS FROM THE FLOOR
There
were no Matters from the Floor this evening.
5.
PLANNING & ZONING
REQUESTS
A. VARIANCE –
A variance request to construct an accessory structure that would encroach into the required lake yard setback. The requested variance is to encroach twenty-seven feet into the required one hundred lake yard setback.
Zoning
Coordinator Karpas presented the request.
He said the applicant is seeking to construct a one hundred eighteen
square foot accessory structure, to be used as a play structure for their
grandchildren, which would encroach into the required lake yard setback.
He
said Section 1310.10 provides for reduced side and rear yard setbacks for
structures under 120 square feet, but does not provide
for a reduced lake yard setback. The
proposed structure complies with all the remaining setback requirements and is
in compliance with the maximum permitted impervious surface and height
requirements.
The
applicant indicates an undue hardship exists in that the structure cannot be
placed elsewhere on the property in compliance with the ordinance and that the
site selected was the least intrusive to views from adjacent properties and the
lake.
Karpas
said he has received two letters of support for the request from Ben and
Romaine Shank,
Karpas
said he recommended denial for the request.
He felt the applicant had not demonstrated an undue hardship preventing
the reasonable use of the property and that design alternatives exist to
achieve the applicant’s desires without the need for a variance.
Councilmember
Adams presented the Planning Commission report.
He said the Commission held a lengthy discussion on the issue. He said there were two main factors discussed, the nature of the structure, whether it was a
play structure or an accessory and the ability for it to be modified at a later
date to a use not typically permitted in the lake yard setback. The Commission voted 4-3 to recommend denial
of the request. The majority felt the
applicant had not demonstrated an undue hardship and that the structure lent
itself to future modification to other uses not permitted within the required
lake yard setback.
Those
Commissioners voting in the minority noted that the current ordinance does not
regulate play structures and preferred this design over the traditional play
structure since it was more aesthetically pleasing. They also felt the placement of the structure
was done in a manner to limit any negative impact on the adjacent properties.
Mayor
Skrede asked if there was anyone present to speak to the request.
Ben
Shank,
Susan
Rappaport said the intent in designing this play structure was to get away from
the intrusive traditional designs, which she finds objectionable. It was designed to fit on the property and
enable her to play with her grandchildren on the structure. She apologized for not contacting the city
prior to construction, but believed that since it was a play structure, there
would be no issues. She said there is no
intention of using the structure for any other purpose.
Gary
Rappaport commented that the vote of the Planning Commission indicated a degree
of support for the request and feels the variance process is
discretionary. He summarized the events
that brought this request before the City Council. He said he could provide a number of examples
in which more traditional style play structures are placed in a more offensive
manner, yet he did not feel it was his place to complain about how others use
their property.
Dave
Stockdale, the applicant’s contractor, said he has done a number of projects
for the Rappaports in the past and has always found them to be very thorough in
their planning process. He said he has
designed and built similar play structures in other cities and has never had to
obtain a building permit or had setback issues.
He noted that great care has been put into the design and placement of
this structure so that there would be no impact on adjacent properties.
Councilmember
Crockett discussed the unique nature of this structure in contrast to the
traditional play systems. She noted that
similar structures, intended for other uses, have been disallowed in the lake
yard setback in the past and that only existing structures have been permitted
to be repaired or replaced, but thought that no new structures have been
allowed.
The
Council discussed the definition of structure versus play structure and noted
that there was no clear distinction in the current ordinance.
Councilmember
Kask said the discussion for the need of a variance hinges on what is or is not
a structure. In his opinion, a
traditional play system is private property that would not be considered in the
assessment of a property. In addition,
they could be dismantled and sold. The
difference with this request is that the play structure has a permanent
location and is not readily moved.
Kask
discussed the determination of the proposed structure’s size and questioned how
the square footage was determined. Zoning
Coordinator Karpas said only the area that could be enclosed was counted. Mayor Skrede noted that the star shaped decks
that wrapped around the structure are considered stairs and not included in the
area calculation.
Councilmember
Kask feels the structure fits the definition of a structure. He commented it would be nice if there was a
special use process for instances as this, but there is not. He said the structure is nearly impossible to
see from the lake, addressing one of the major reasons for the lake yard
setback, but that the Council needs to decide if this is the type of structure
they want in the lake yard.
Mayor
Skrede said the dilemma he has is that the structure fits into one piece of the
ordinance but not in another. The
proposed structure is considered a play structure, which is not currently
regulated by the ordinance in terms of setback, but due to the design, it falls
into the definition of an accessory structure, requiring a setback. He said it bothers him that a design that was
tastefully done and strategically placed on the property is penalized, whereas
a more traditional play structure being more intrusive could be located
anywhere on the property. He feels there
is a way to approve the request with restrictions on the length of time the
structure would be permitted to remain on the property.
Councilmember
Wheaton said if the play structure is deemed a structure, he does not see how
it could be approved under the variance language. He said in his opinion, the custom design of
the structure makes it similar to gazebos and screened porches. He said that even though the neighbor should
not be the determining factor in consideration of the request, she has asked
that the city enforce the existing ordinance.
He agreed the structure lent itself to future conversion and doesn’t
believe that under the current ordinance, the request could be acted on as
anything else other than an accessory structure.
Mayor
Skrede asked if Councilmember Wheaton viewed a traditional play system as permanent
in terms of placement.
Councilmember
Adams said he is satisfied the proposal constitutes a structure under the
ordinance. He feels comfortable with
granting conditional variance approval subject to a time limit on the life of
the structure. Commissioner Wheaton is
concerned that there could be precedence set with an approval.
Mayor
Skrede said he’s sympathetic with the plight of the property owners. Had it been a colorful plastic play system,
it would have been welcomed with open arms under the current ordinance. He said he understands the concerns regarding
the lake setback, but said he can’t recall a request where the structure has
been so tastefully designed and strategically placed on the property. Councilmember Wheaton was still concerned
about the hardship criteria.
The
Council discussed the concept of approval with a time stipulation and
restriction of use. It was determined
that such restrictions could be placed on an approval, including that the
approval was for the current property owners and that the structure could not
be conveyed as part of the sale of the property.
Councilmember
Kask said an undue hardship may not be present in this request, but believes
there is a practical difficulty based on the location of the existing home in
relationship to the lake setback and that there are no reasonable alternate
locations available to the property owner.
He said the only reason he is not one hundred percent opposed to the
structure, is the way it is sited on the property. He does not want to see any material
expansion of the structure and wants to see a condition included that the
existing tree cover be maintained.
Councilmember Wheaton wanted to add that, all things being equal, the
applicant could have placed a tradition system on their property, and that the
proposal is an acceptable alternative to that.
Councilmember Kask moved to approve the variance request
to encroach twenty-seven feet into the required one hundred foot lake yard
setback for the proposed accessory structure, as presented, at 3940 Walden
Shores Road, a practical difficulty exists for the placement of the structure
due to the location of the existing principle structure in relationship to the
required lake setback and in that there are no suitable alternate locations for
the placement of the structure. It was
noted the structure was sited in a manner so that it was not intrusive to adjacent
properties. The motion is conditioned
that the use is restricted to that of a child’s play structure, that the
existing tree cover remain intact, that there be no material expansion of the
structure including the enclosure of the structure or the addition of a
permanent roof structure, that the variance runs in favor of the existing
property owner and must be removed prior to the sale of the property to any
other party, that the structure must be removed after fifteen years or upon its
decay whichever comes first and that the location of the structure may not
change. Seconded by
Councilmember Wheaton. Upon roll
call vote on a motion to approve, Councilmembers Adams, Kask, Skrede and
B. VARIANCE – Richard and Mary Vogt,
request to construct a partial second story on an existing non-conforming single family
home which would encroach into the required front yard setback. The requested
variance is to encroach seven
inches into the required thirty-five foot front yard setback.
Zoning
Coordinator Karpas presented the request.
He said the applicant is seeking to construct the proposed second story
addition within the existing footprint of the home, which encroaches seven
inches into the required front yard setback.
The proposed addition would comply with all the remaining setback
requirements and would be in compliance with the maximum height requirement.
The
applicant indicates an undue hardship exists in that the structure is too small
and there is a need to update the older design.
Karpas
said he recommended approval for the request since the request was a reasonable
use of the property and the placement of the existing home limits the
development options.
Karpas
said he has received a letter from Mitch and Holly Weaver,
Mayor
Skrede presented the Planning Commission report. He said the Commission voted unanimously to
recommend approval of the request. The
applicant demonstrated a hardship in the placement of the home, which hinders
improvements on the property without the issuance of a variance. It was noted the request was reasonable and
does not negatively impact the character of the adjacent properties.
Mayor
Skrede asked if there was anyone present to speak to the request.
Pete
Boyer introduced himself and said he could answer any questions.
Mayor
Skrede asked for Councilmember comments.
Councilmember
Crockett said she didn’t see anything in the Planning Commission minutes or
Staff report that raised any questions.
Councilmember Crockett moved to approve the variance
request to encroach seven inches into the required one thirty-five foot front
yard setback for the proposed second story addition, as presented for
C. SPECIAL USE PERMIT -
Boulevard, (C-1, 10,000). A special use
request to enlarge the existing monument sign
along
and an expansion of the readable
portion of the sign.
Zoning Coordinator Karpas reviewed his staff
report. He said the request was to
increase the height and width of the existing sign and to enlarge the readable
area of the sign. He said the proposed
sign would be backlit. He said the
current ordinance requires a special use permit whenever the dimensions of an
existing sign are altered and that the request is in compliance with the
dimensional and area requirements for ground signs outlined in the ordinance.
Karpas said the dimension of the sign would increase
from four feet, eight inches in height and seven feet, four inches in width to
seven feet in height and eight feet, two inches in width. The readable area of the sign would be
increased from two feet, five inches to four feet, four inches.
Karpas said he recommended approval for the
request. He said the proposed sign is in
compliance with the provisions of the sign ordinance and felt the applicant
presented a sign that was consistent with other signs identifying similar uses
and it is placed in a manner in which it did not create any public safety
concerns.
Mayor Skrede presented the Planning Commission
report. He said the only concern they
had was with another sign on the property for the school. They were informed that the school and church
were separate entities. He said the
Commission voted unanimously to recommend approval of the request, with
Chairman Dyb abstaining since he is a member of the congregation. The Commission felt the existing sign was in
need of upgrading and the requested sign complies with the ordinance
requirements for ground signs.
Mayor Skrede asked if there was anyone present to
speak to the request.
Mark Johnson, a Church Counselor, was present to answer any questions.
Mayor
Skrede asked for Councilmember comments.
Hearing none, he asked for a motion.
Councilmember Wheaton moved to approve the special
use request to enlarge the existing monument sign located along
D. SPECIAL EVENTS PERMIT - Marquis Construction,
20,000). A request to include the remodeling
project located at
the Remodeler’s Showcase held
March 28-30, 2008.
Zoning Coordinator Karpas reviewed his staff
report. He said the applicant would like
to include a project in the Remodeler’s Showcase and that the city ordinance
requires a special use permit be issued for participation in Showcase Events
such as the Parade of Homes or Remodeler’s Showcase. He said the requirements to qualify for
approval are clear and include the applicant to submit information on hours of
the event, how parking will be handled and the location of any proposed signage. In addition, the applicant must provide proof
of insurance coverage, which includes the coverage of city employees.
Karpas said he recommended approval for the request,
since the applicant has satisfied the requirements of the ordinance.
Mayor Skrede asked if the Police had any
concerns. Chief Johnson said the parking
plans have been amended since the Planning Commission. The new plan is better than the original and
would use the parking lot at the
Mayor Skrede asked if there was anyone present to
speak to the request.
Jon Pelletier of Marquis Construction was present to speak to the request.
Mayor
Skrede asked for Councilmember comments.
Councilmember
Crockett said her only concern was about people parking in front of the home
and damaging private property. Mr.
Pelletier said the area would be roped off, forcing people to park in the
designated area.
A
question was raised about enforcement of the ordinance during the event. It was determined that since the event was
being held on the weekend, the Police Department would address any issues that
might arise.
Mayor
Skrede presented the Planning Commission report. He said the Commission voted unanimously to
recommend approval of the request, with the condition that the applicant submit
specific information on any proposed directional signage. The Commission felt the applicant complies
with the requirements established by the city for issuance of the permit.
Councilmember Kask moved to approve the special use
request to include
6.
OLD BUSINESS
A.
Discuss January Worksession
Agenda
Discussion
was held regarding the proposed agenda for the January 24th
Worksession Agenda. The Council
recommended holding a discussion on 2008 Goals & Objectives.
B. Adopt Resolution No. 04-08, Approving the Second Amendment
to the JPA
Mayor
Skrede requested that this item be tabled until further information could be
received on the impact of adopting Chapter 1306 of the State Building Code.
7.
NEW BUSINESS
Mayor
Skrede stated that MNDOT is requesting that the City participate in the cost of
replacing the signal lights at the intersection of TH 7 and
Motion by Councilmember Adams to agree to participate in the cost of
replacing the signal light at the intersection of TH 7 and
8.
DEPARTMENT REPORTS
A.
Police Department
Police
Chief Johnson gave a brief update on recent Department activities, including a
summary of the Toys for Tots program and the need to replace the City Hall
flag.
B.
Excelsior Fire District
Fire
Board Liaison Kim Crockett stated that the District has recently hired a
part-time Administrative Assistant to work 20 hours per week. She stated that the District hired the
part-time office assistant who had been working around 10 hours per week for
the last several years.
C.
Public Works
Administrator
Young provided an update on recent and upcoming public work activities.
Councilmember
Wheaton stated that there are a lot of residents who look forward to skating
during weekends and over school break and it is difficult for the Public Works
Department to always ensure that the rinks are clear over the weekend,
particularly when their primary responsibility is to clear streets. He stated that the Park Committee would be looking
into the possibility of having someone clearing the snow from the rinks over
the weekend.
D.
Administration
Administrator
Young provided a brief summary on the following items:
·
Alternate LMCD Board Members
·
·
Deer Management Update
·
Xcel Energy Grant
9.
ADJOURNMENT
Motion to adjourn by Councilmember Wheaton, seconded by Councilmember
Crockett. Motion carried 5-0. The meeting adjourned at 8:55 p.m.
Respectfully
submitted,
Dana
H. Young
City
Administrator