DEEPHAVEN CITY COUNCIL MEETING
MONDAY,
FEBRUARY 4, 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
Councilmember Kask requested that Approval of the
Six-Month Probation of Randy Clay be pulled from the Consent Agenda.
Motion
by Councilmember Kask to approve the Consent Agenda, consisting of the
following items:
B. Approve Verifieds
Seconded
by Councilmember Crockett. Motion
carried 5-0.
4.
MATTERS FROM THE FLOOR
Sarah
Carroll, President of the Cottagewood Garden Club, 18411 Beaverwood Road,
Minnetonka, was present to thank the City for providing funding for the
beautiful gardens around the City and the public works crew for all their
assistance. She stated that the Garden
Club has recently emphasized the use of shrubs and perennials over annuals in
order to better maximize their funding from the City. She stated that under the direction of former
President Denise Stricker, the Club has focused more attention over the last
couple of years to improving the plantings around pavilions and to upgrading
the Connie Getch Garden in Burton Park.
She stated that the Garden Club has added a trellis sculpture to the
Thorpe Park Garden and a granite sculpture to Village Hall Park.
Councilmember
Wheaton invited Ms. Carroll to attend the upcoming meeting of the Park
Committee to provide an update on Garden Club activities.
Mayor
Skrede noted that Bob Anderson, Deephaven’s representative on the Lake
Minnetonka Communications Commission, had a business engagement this evening
and had to cancel his presentation on current and future models for television,
internet and voice service.
5.
PLANNING & ZONING
REQUESTS
A. SPECIAL EVENTS PERMIT – Lake Country Builders, 4715 Old Kent
Road, (R-2, 40,000). A request to include the remodeling project located at
4715 Old Kent Road in 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 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 require
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 of the request,
since the applicant has satisfied the requirements of the ordinance.
Mayor
Skrede presented the Planning Commission report. He said the Commission voted to unanimously
to recommend approval of the request.
Mayor
Skrede asked if there was anyone present to speak to the request.
Renae Aldecocea of Lake Country Builders said she had nothing to add to the presentation.
Mayor
Skrede asked for Councilmember comments.
Councilmember Crockett questioned the need to
continue having applicants for Special Events Permits come through the Planning
Commission. Mayor Skrede asked if her
thought was to have them only come to the Council. Crockett said yes, but understood that would
be a conversation for another time.
Councilmember Wheaton moved to approve the special
use request to include 4715 Old Kent Road in the Remodeler’s Showcase to be
held March 28-30 as presented, in accordance with the recommendations of the
Planning Commission and City Staff. The applicant complies with the requirements established by
the city for issuance of the permit.
Seconded by Councilmember Adams.
Motion carried 5-0.
B. SPECIAL EVENTS PERMIT – Aarbor Customs
Homes, LLC, 18475 Highland Avenue, (R-3, 20,000). A request to include the remodeling project
located at 18475 Highland Avenue in 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 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 require 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 there was anyone present to speak to the request.
A representative of Aarbor Custom Homes was available to answer any questions the Council may have.
Mayor
Skrede asked for Councilmember comments.
The Council was supportive of the request with the
understanding that the applicant would submit updated insurance certificates prior
to the event.
Councilmember Wheaton moved to approve the special
use request to include 18475 Highland Avenue in the Remodeler’s Showcase to be
held March 28-30 as presented, in accordance with the recommendations of the
Planning Commission and City Staff. The applicant complies with the
requirements established by the city for issuance of the permit. The motion was conditioned that the applicant
submits updated insurance information prior to the event. Seconded by Councilmember Crockett. Motion carried 5-0.
C. VARIANCE – Dan
Shanesy, 3608 Lowell Street, (R-3, 20,000).
A variance request to construct a garage addition on an existing
non-conforming single family home which would encroach into the required corner
lot, exterior side yard setback. The
requested variance is to encroach one foot into the required twenty-five foot corner lot, exterior side yard setback.
Zoning Coordinator Karpas reviewed
his staff report. He said the request
was to use the footprint of the existing home to construct the garage
addition. The degree of encroachment
would diminish as the addition extends from the existing home.
Karpas said he recommended approval of the request
since the request was a reasonable use of the property and the placement of the
existing home limits the development options.
Mayor
Skrede asked if there was anyone present to speak to the request.
Dan Shanesy was available to answer any questions.
Mayor
Skrede asked for Councilmember comments.
Councilmembers were supportive of the request as presented.
Councilmember Crockett moved to approve the variance request to encroach one foot, four inches into the required twenty-five foot corner lot, exterior side yard setback for the proposed garage addition, as presented at 3608 Lowell Street, per staff’s and Planning Commission’s recommendation. A hardship exists in placement of the existing home, which hinders improvements on the property without the issuance of a variance. He noted the request is reasonable and does not negatively impact the character of the adjacent properties. Seconded by Councilmember Adams. Motion carried 5-0.
D. VARIANCE – Peter and Wendy Lee, 3275
Robinson’s Bay Road, (R-3, 20,000).
A variance request to construct a garage addition with living space
above it that would encroach into the required south side yard setback and
exceed the maximum permitted impervious surface area. The requested variance is to encroach five
feet, one inch into the required twenty-five foot south side yard setback and
exceed the maximum permitted impervious surface area by 8.4%.
Zoning Coordinator Karpas reviewed his staff
report. He said the request was to
construct the proposed garage addition using the existing south line of the
existing non-conforming home. The
proposed addition would not create an additional encroachment into the south
side yard.
Karpas said he recommended approval
of the request since the request was a reasonable use of the property and the
placement of the home did not allow for expansion without the issuance of a
variance. The proposed addition would not impact the adjacent properties and
the project would be in keeping with the existing character of the
neighborhood.
Mayor
Skrede asked if there was anyone present to speak to the request.
Jeff
Murphy, Murphy Company, and the applicant’s were available to answer any
questions.
Mayor
Skrede asked for Councilmember comments.
Councilmember
Crockett noted the decrease in overall impervious surface and the fact there
would be no further encroachment into the required setbacks. She commented that the house was kind of on
an island due to the layout of the neighborhood. She was in support of the request.
Councilmember Crockett moved to approve the variance request to encroach five feet, one inch into the required twenty-five foot south side yard setback and to exceed the maximum permitted impervious surface area by 8.4%, for the proposed garage addition, as presented at 3275 Robinson’s Bay Road. A hardship exists in the placement of the existing home and the dimensions of the existing lot preventing compliance with the ordinance requirements. The proposal is not out of character with the surrounding area and the proposed addition would follow the building line of the existing non-conforming structure. It was noted that the amount of overall impervious surface on the lot is being reduced. Seconded by Councilmember Wheaton. Motion carried 5-0.
E. SUBDIVISION/VARIANCE – Richard Denman,
4285 Circle Drive, (R-2, 40,000). A
request for a two lot subdivision and variance of the minimum required road
frontage in the R-2 Zoning District. The
proposed lots would comply with the minimum required lot area for the R-2
District. The requested variance is for
thirty-seven feet of the required seventy-five foot road frontage requirement
for each lot.
Zoning Coordinator Karpas presented the request and
reviewed his staff report. He said the
request is for a two-lot subdivision that would create two vacant lots in the
City of Deephaven once the existing home is removed. Access to the lots would be provided by
private drives to each lot.
Karpas
said he recommended approval for the administrative plat and variance
request. He felt the configuration of
the property and its location on a cul-de-sac creates a practical difficulty in
platting the property. The applicant
proposes individual driveways for each property and has demonstrated an ability
to develop the properties within the zoning and slope requirements.
Karpas
submitted into the official record a letter from the City Engineer verifying
the slope information on the property.
Mayor
Skrede presented the Planning Commission report. He said a number of the neighbors came to
speak in opposition of the request. He
said the Commission had a tie vote on a recommendation that the City Council
approve the administrative plat and variance requests to subdivide an existing
property located at 4285 Circle Drive into two lots, as it was presented. Those
supporting the motion felt the applicant has demonstrated a practical difficulty
in that the property is located on the end of a cul-de-sac and design
alternatives are not available to develop the property within the ordinance
requirements. Upon roll call vote on a
motion to approve, Commissioners Brandt, McKinney and Sparber voted aye. Commissioner’s Dyb, Nelson and Werneiwski
voted nay. The motion to approve failed
constituting a denial under Minnesota State Statutes.
Councilmember
Crockett said that she was not generally supportive of the request. She doesn’t believe it’s good policy to use
the variance process for subdividing property.
Councilmember Kask agreed with Crockett. He was not generally supportive of the request. He said the dimensional requirements of the ordinance are clear and approving subdivisions using the variance process could have unforeseen consequences. He believes using variances to grant subdivisions would affect the character of the neighborhood where the property is located. Kask conceded the subject property is very spacious. He said there are reasonable uses remaining for the property without the approval of the variance. He said the nature of the neighborhood lent itself to the development of larger homes, which if done on this property, would not have as large of a negative impact as approving a variance of the road frontage, since in his opinion, it’s safe to assume the other lots in the neighborhood would be redeveloped in the same manner.
Kask
said road frontage requirements have always been a hot button issue with him
and he doesn't support the variance request.
Councilmember
Adams said he walked the property and was supportive of the request. He said the proposed lots comply with the
area requirements, could meet the required setbacks and did not have any issues
pertaining to slopes and wetlands. He
noted the only site issue is the required lot frontage, which is understandable
due to the property’s location at the end of a cul-de-sac. He said there have been other instances where
variances were used to grant relief to properties located on cul-de-sacs. Adams noted there are additional lots located
on the cul-de-sac that do not comply with the road frontage requirements. He said he has discussed the concerns about
driveway access and the applicant has told him that he could reduce the number
of driveways to one.
Councilmember
Wheaton said he understands and agrees with the concept of property rights, but
he also agrees that road frontage requirements are also important. He said the cul-de-sac is already small
compared to those designed today and noted that those lots currently under the
required road frontage are close to the minimum required frontage, whereas the
request would be about half the required road frontage for each lot. He believes the neighbors have made
compelling argument that the applicant has not demonstrated an undue hardship
warranting the granting of a variance.
Wheaton
discussed the concept of practical difficulty and said he’s hesitant to on
taking one person's practical difficulty and putting it on the whole
neighborhood when it may have a negative impact. He believes people buy into neighborhoods
such as this one due to the spacious nature.
He doesn’t mind minor changes, but believes the request, if granted,
would change the look and feel of the neighborhood. He does not support the variance request.
Councilmember
Crockett said she agreed with the comments made by the other Councilmembers and
reiterated that she did not want to start a trend by using variances to grant
subdivisions.
Councilmember
Wheaton asked the Police Chief if he had any concerns regarding emergency
access. Chief Johnson said he had not
specific concerns, noting that the area is already pretty tough to navigate,
but the addition of one additional driveway would not create an unsafe environment.
Councilmember
Crockett noted the irony in that the type of home that could be constructed on
this lot under the current ordinance would be less compatible with the
neighborhood than those that could be built if this request were approved.
Councilmember
Kask said he discussed the property with the applicant and agreed that there
are no issues with wetlands and slopes, but he can’t get past the dimensional
requirements of the ordinance. He said
the ordinances were drafted to protect the character of neighborhoods by
preventing flag lots and situations where there are lots behind lots accessed
by easements.
Kask
said the critical argument revolves around the hardship criteria and whether
the applicant has met the threshold. He
doesn’t know if a sufficient argument has been made to deviate from the
standards. He believes the statutes were
deliberated and drafted well to protect the city.
Councilmember
Wheaton believes there are alternatives remaining for the reasonable
development of the property.
Richard
Denman commented that he believes the request is solid and that the property
contains more than enough land to meet the dimensional requirements of the
ordinance. Mr. Denman distributed a
concept plan showing an expansion of the cul-de-sac onto the property creating
a situation where the proposed lots complied with the road frontage
requirements.
Councilmember
Crockett said she was unwilling to discuss any alternatives without a formal
application.
Mr.
Denman said the concept plan was intended to give the Council an idea of how
the property could be developed within the ordinance. He doesn’t believe this plan would be
acceptable to the neighbors since it would require the removal of a number of
large trees. He believes the request as
presented would allow the construction of two reasonably sized homes.
Mayor
Skrede discussed the options on how the applicant could proceed, noting that it
did not appear that there was enough support for the request, as presented, for
approval. He explained that a vote
against the request would require the applicant to wait a year before
submitting a new plan. He said the
applicant had the option to withdraw his request and present an amended plan to
the Planning Commission.
Mr.
Denman asked for the Mayor’s comments on his original request.
Mayor
Skrede said he is more than willing to look at the request with only one
access, but agrees it’s hard to look at subdivision requests with variances
attached to them. He said there are
concerns about safety due to the design of the existing cul-de-sac and
emergency access. He said he’s not sure
the design of the neighborhood would be the same if it were being developed
today. He said he would prefer to see a
design like the concept plan rather than granting variances. He feels the idea of expanding the cul-de-sac
would enhance the neighborhood.
Councilmember
Adams commented the concept plan supports his thoughts that a practical
difficulty is present. The expansion of
the cul-de-sac would bring the property into compliance with the ordinance
requirements but questions if it would be worth the loss of trees and by
denying the request as presented could lead to a larger home out of character
with the neighborhood.
Mr.
Denman said he would be willing to reduce the size of the homes to fifteen
percent less than what is permitted by ordinance. Mayor Skrede said that would need to be
presented on an amended plan.
Councilmember
Wheaton agreed stating that he didn’t want to negotiate the terms for approval
without a formal application before the Council.
Mr. Denman withdrew his request and will present an
amended plan to the Planning Commission and City Council at a future date.
F. ORDINANCE
AMENDMENT
– Amendment of Section 1310.03 of the
Zoning Ordinance regulating maximum permitted building coverage on a lot, by
adding a Special Use provision for exceed the maximum coverage area.
Karpas
stated that he would recommend approval of the ordinance amendment.
Mayor
Skrede presented the Planning Commission report. He said the Commission unanimously
recommended that the City Council adopt Ordinance 13-45, establishing a public
hearing requirement for requests to exceed the maximum permitted building
coverage area.
Mayor Skrede opened the public hearing. Hearing none, the public hearing was closed.
Mayor
Skrede asked for Councilmember comments.
Councilmembers were supportive of the proposed amendment.
Motion
by Councilmember Wheaton to adopt Ordinance No. 13-45, an Ordinance
establishing a public hearing requirement for requests to exceed the maximum
permitted building coverage area. The
motion includes waiving the second reading.
Seconded by Councilmember Kask.
Motion carried 5-0.
Councilmember Crockett exits at 8:18 p.m.
6. NEW BUSINESS
A.
Discuss Proposed LMCD
Legislation on Shoreline Restrictions
LMCD
Representative David Gross was present to discuss two proposed ordinances that
the LMCD Board was considering for adoption.
He stated that the ordinances proposed restrictions on the storage of
watercraft on shorelines that had water depths of 3 feet or less that extended
one hundred feet or more from the shore.
He stated that the ordinance proposed to grandfather all current uses
but could potentially have an affect on the city with any new application
submitted to the LMCD.
Administrator
Young stated that the ordinance would primarily affect the City of Deephaven in
terms of the amount of shoreline that is currently owned by the city in the
back bay of Carson’s Bay. He stated that
there are currently 1,116 L.F. of shoreline owned by the city in the Back Bay,
which under current LMCD regulations is counted as 112 BSUs. Due to the fact that the depth of the back
bay might potentially be 3 feet or less, the amount of shoreline that is
credited to the city would be reduced by 50% or 80%. He stated that this proposed ordinance could
potentially reduce the total number of BSUs that the City of Deephaven could
potentially receive from 383 BSUs to 293 BSUs.
He stated that the city is currently permitted for a total of 222 BSUs.
Further
discussion was held on whether this ordinance, if adopted, would have a
potentially negative impact on residential lakeshore property in
Deephaven. The Council could not think
of many instances in Deephaven, with the exception of the Back Bay, where there
was any residential lakeshore property that had 3 feet or less of water depth
extending 100 feet into the lake. Mayor
Skrede asked David Gross to contact the property owner immediately north of the
St. Louis Bay Marina to make them aware of the potential impact of the adoption
of this ordinance.
David
Gross noted that the Environmental Committee of the LMCD would be discussing
the proposed ordinances tomorrow at 8:00 a.m. at the LMCD to provide
recommendations to the LMCD Board on February 13th.
B. Approve Six Month Probation of Randy Clay
Councilmember
Kask stated that he had requested that this item be pulled from the Consent
Agenda in order to more fully discuss the where the public works department was
at in terms of obtaining a sewer license.
Administrator
Young stated that the requirements to obtain a sewer license through the
Minnesota Pollution Control Agency include three years municipal experience,
attendance at a Wastewater Collection Seminar, and passing a test. He stated that Randy Clay attended the
seminar last month but still needs several more years experience to obtain the
license. He added that any future public
works employee would be expected to obtain a sewer license and a Class D Water
License.
Motion
by Councilmember Kask to approve the six-month probationary period of Public
Maintenance Worker Randy Clay. Seconded
by Councilmember Wheaton. Motion carried
4-0.
C. Other
Mayor
Skrede stated that he had prepared a memorandum for Council review on the
upcoming Board of Review meeting. He
asked the Council to review the memo and provide any appropriate comments.
Discussion
was held regarding a candy machine at City Hall that had been provided by a
private vendor. The Council stated that
they didn’t have a problem with having the candy machine at City Hall as long
as the City had the discretion to have the machine removed at any time.
7. DEPARTMENT REPORTS
A.
Police Department
Police
Chief Cory Johnson stated that the Police Department ordered four tasers last
month, two of which were purchased after receiving a grant from the Minnesota
Police Reserve Officers Association.
Mayor
Skrede commended the Department on their efforts in obtaining a grant for the
tasers.
Councilmember
Adams requested a brief incident report to be provided to the Mayor or City
Council following any incident involving the use of a taser.
Police
Chief Johnson noted that Officer Joyce has completed the CounterAct Program at
the Deephaven Elementary School and will start teaching CounterAct at St.
Therese School on February 6th.
Johnson also informed the Council that the Police Civil Service
Commission met on February 4th to discuss the creation of an
eligibility list for future employment needs.
B.
Excelsior Fire District
Administrator
Young provided a brief update on the January 23rd Fire Board
meeting.
Mayor
Skrede noted that Councilmember and Fire District Representative Kim Crockett
has been appointed Fire Board Chair for 2008, with Greenwood Representative
Doug Hill appointed Vice-Chair.
C.
Public Works
Administrator
Young provided an update on recent and upcoming public work activities.
D.
Administration
Administrator
Young provided a brief summary on the following items:
· 2007 Financial Summary
· Senior Center Proposal
· Deer Management Update
· 2008 Garage Rate Increase
· Annual Financial Audits
Mayor
Skrede reported that he was invited to a lunch at St. Therese School last week
and had a very enjoyable time touring the facility and meeting with the
students.
Councilmember
Wheaton reported that Skate Late, the skating party sponsored by Minnetonka
Community Education, was very well attended and a great time was had by all.
Discussing
was held regarding upcoming tree trimming by Xcel Energy in the Cottagewood
area. Councilmember Wheaton stated that
he would set up a meeting with Xcel in advance of the trimming to get a better
idea of the extent of the tree trimming.
Mayor Skrede noted that Councilmember Kask also indicated an interest in
attending this meeting as well.
8.
ADJOURNMENT
Motion
to adjourn by Councilmember Wheaton, seconded by Councilmember Kask. Motion carried 4-0. The meeting adjourned at 9:08 p.m.
Respectfully
submitted,
Gus
Karpas, Zoning Administrator