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City of Deephaven, Minnesota

 

"two square miles of tranquility"

 

CALL TO ORDER: Chairman Keith Kask called the meeting to order at 7:00 p.m.

PRESENT: Chairman Keith Kask, Commissioners Mike Daly, Dan Dyb, Anne Lawler, Warren Nelson and Marvin TenClay.

ABSENT: Jeff McKinney

OTHERS PRESENT: Council Liaison Nancy Middleton, Zoning Coordinator Gus Karpas, Joan Budd and Carrie Snyder.

Motion by Commissioner Nelson, second by Commissioner Dyb, to approve the minutes of November 18, 2003 as submitted. Motion carried 6-0.

VARIANCE: Suzanne Blackburn and Paul Gerlach– 4520 Linwood Lane, (R-3, 20,000) Request for a ten foot variance of the required front yard setback to construct an attached three stall garage and a five foot, six inch variance of the required side yard setback and a thirty-six foot variance of the required lake yard setback to re-construct on a non-conforming footprint.

Jon Monson, Landschute Development, presented the request. He said as a current Councilmember he would recluse himself from the matter. He explained the intent of the proposal was to keep the historical nature of the home while updating it to today’s standards. He said he worked with the neighborhood and discussed four potential scenarios with those neighbors most affected by the proposed project. He said the resulting plan was the one most acceptable.

Mr. Monson said that development on the parcel was difficult due to the size of the lot, about half of the minimum required and the building pad available. He wanted to develop a project that would fit into the character of the neighborhood. He said there are three adjacent properties, which currently have variances, some for three-stall garages.

Mr. Monson said that there is not a claim of a hardship before the Planning Commission, rather a practical difficulty. He said though the property could be developed without the requested variances, he said the neighborhood preferred the less obtrusive plan, which also keeps with the architectural integrity of the home.

Commissioner Dyb asked it the difference between the two story versus the one story is due to sight lines. Mr. Monson said yes and explained that a one-story structure could be mitigated through the use of landscaping. He said the proposed garage falls behind the neighboring garage and turns the doors away from the street. Commissioner Dyb commented that he noticed a mix of garage styles in the neighborhood.

Commissioner Nelson liked the idea of not having the doors visible from the street, but is concerned about encroaching closer to the road. He is also concerned about the side yard setbacks.

Chairman Kask asked why the structure would have to be two stories if it was pulled closer to the house. Mr. Monson said there is a need for storage due to the high water table in the neighborhood. Kask asked where the garage was on the north property and whether the proposal would fall in between the average setback of the properties to the north and south. He said granting a variance on such a request would be consistent with the properties on either side. Kask said he would be less inclined to support the request if the proposal extended closer to the road than the adjacent properties.

Commissioner Nelson asked about the proposed addition on the north side. Mr. Monson said it was a breakfast nook, which would extend two feet closer to the lake. Nelson asked about the affect on the property to the north. Mr. Monson said it would be on the garage side of the house and would have little or no visual impact on the property.

Commissioner Dyb asked about the foundation and commented on the use of permeable pavers. Mr. Monson said the foundation is in good shape. He said the proposed use of permeable pavers is promoted by the Minnehaha Creek Watershed District.

Commissioner Dyb commented that the lot area is half of the minimum required and that he feels the garage would fit into the neighborhood.

Commissioner TenClay recognizes that the size creates some difficulty in development, but is against permitting variances on all required yards. He would like to see any garage remain one story.

Commissioner Daly shares TenClay’s concerns about the setbacks. He said he has no problem with a two-story garage if it meets the setback.

Commissioner Lawler does not feel the need for a three-stall garage constitutes a hardship, especially since the property has significant variances. She supports a two-story garage, which would encroach into the side yard setback, but would not be supportive of any request extending into the front yard setback.

Commissioner Dyb commented that he supports the request as presented.

Commissioner Nelson said he would like to see at least one required yard without a variance. He also said he is not supportive of a variance on the south side.

Mr. Monson said it’s difficult to work with small lots, especially when they are greatly substandard. He feels a practical difficulty exists within the context of precedence. He is asking for consistency, especially since variances have been granted created more non-conforming structures than he proposes. He reminded the Planning Commission that of all the plans, this is the one the neighborhood supports and wished the Commission held the Public Hearing so they could hear the concerns of the neighbors.

Commissioner Lawler said that you have to be careful when discussing precedence. She said the Planning Commission does not grant variances for three stall garages and has been pretty consistent on that point.

Commissioner Nelson commented that he notices more and more people buying homes and trying to expand them on lots that are too small.

Chairman Kask said he couldn’t support any request, which would push the structure closer to the road than the adjacent properties. He said he was unwilling to grant a variance for a three stall garage, though the need for storage is a compelling argument. He feels a side-loading garage is not consistent with the neighborhood and design alternatives exist which would permit a three-stall garage on the property. He is reluctant to find a hardship or practical difficulty for a three-stall garage.

Commissioner Daly explained that the Commission has to evaluate each project based on what is submitted and how much we are willing to permit.

Paul Gerlach, 4605 Old Kent Road, owner of the subject property, thanked the Planning Commission for their consideration. He said the intent was to maximize the use of the existing footprint with a design acceptable to the neighborhood. He feels the proposed approach is the most appealing.

ACTION: Commissioner Kask made a motion to accept the staff recommendation to recommend approval of the of the variance request of five feet, six inches of the required side yard setback and the variance request of thirty-six feet of the required lake yard setback to re-construct a non-conforming single family structure and to recommend denial of the variance request for a ten foot variance of the required front yard setback to add a three-stall garage addition, based on the findings in the staff recommendation. Commissioner Daly seconded the motion. The motion carried 5-1. Upon roll call vote Commissioners Daly, Kask, Lawler, Nelson and TenClay voted aye. Commissioners Dyb voted nay.

Zoning Coordinator Karpas explained that there were a number of people invited to the meeting to discuss their qualifications for appointment to the Planning Commission. He explained that there were potentially two openings beginning in April and that the Commission would need to recommend replacements to the City Council to permit a smooth transition.

Chairman Kask introduced Joan Budd, 3505 Montgomerie Avenue and Carrie Snyder 18900 Ridgewood Road to the Commissioners as potential candidates for upcoming vacancies. He asked each to discuss their qualifications.

Ms. Budd said she was a recent resident of Deephaven and is currently employed as a real estate attorney with Target Corp.. Through her job she has had some experience with Planning Commissions, usually as an applicant in commercial projects. She said she has no experience with residential development but looks forward to the challenge and hopes to help in preserving the character of the city.

Commissioner Daly asked if her job would require her to travel, affecting her attendance. Ms. Beal said that she rarely travels and that most of the contract work she does is done through the mail.

Ms. Snyder said she has been a resident of the city for about nine years. Her interest in city government began during the site selection for the fire station. She said that her husband is a contractor and her father was a building inspector. She explained that there would be no scheduling conflicts. She asked about the time commitment required to visit the properties.

Commission members described their various ways of looking at properties. Commissioner Dyb said serving on the Commission allows you to meet a lot of citizens. Council Liaison Middleton warned about letting applicants pressure you for an opinion on their requests.

Chairman Kask explained that the Planning Commission would need to make a recommendation to the City Council who would act on their recommendation. He explained the structure of the Commission member’s terms and discussed different procedures of the Commission. He told the candidates that they would hear from the city soon.

Zoning Coordinator Karpas discussed the memo enclosed in the packet outlining upcoming changes in the process of hearing variances and special use permits.

He said that most of the changes would be done administratively and revolves around the application process. The biggest change would be a checklist, distributed to the Commission members, that would have to be initialed by all applicants and later reviewed by the Zoning Coordinator. The end goal is more complete application, which would allow the Planning Commission and City Council to make decisions with adequate information.

Karpas explained that another major change would be the requirement of a certified survey with all requests. Some Commission members felt this was restrictive to applicants and would add costs to a request. They were concerned that some requests didn’t warrant a new survey. Karpas explained that the City Ordinance requires a certified survey in order to get a building permit.

Karpas said the last major change would involve the public hearing process, which will now be at the Planning Commission. He said the Commission would still serve as an advisory board, making only recommendations to the Council. He said there has been some concern in the past by residents that by the time they receive a public hearing notice, the Planning Commission has already acted on the request, without their input. Karpas said the first public hearing would be at the March meeting.

Motion by Kask to adjourn the meeting. Commissioner Daly seconded. The motion carried 6-0. The meeting adjourned at 9:15 p.m.

Respectfully submitted,

Gus Karpas

Zoning Coordinator