CALL TO ORDER: Chairman Keith Kask called the meeting to order at 7:00 p.m.
PRESENT: Chairman Keith Kask, Commissioners Joan Budd, Dan Dyb, Jeff McKinney, Warren Nelson and Marvin TenClay.
ABSENT: None
OTHERS PRESENT: Council Liaison Nancy Middleton, Zoning Coordinator Gus Karpas
Motion by Commissioner Kask, second by Commissioner Dyb, to approve the minutes of September 21, 2004 as presented. Motion carried 4-0-2. Commissioners Budd and Nelson did not act on the motion since they were not in attendance at the September meeting.
PLANNING COMMISSION CANDIDATES – Discuss the appointment of a new Commission member to fill vacancy of Anne Lawler.
Zoning Coordinator Karpas explained that there was a need to fill at least one vacancy on the Commission, maybe two depending on the outcome of the upcoming election. Carrie Anderson-Snyder was invited to interview, but later declined. He said that each candidate has been asked to give a brief description of the experience they can bring to the Commission.
Kent Carlson said he works as a project manager for Ryan Companies, focusing on real estate development. He’s a fourteen year resident of the city. He said he is familiar with process involved with variances. He described a project he recently did in the City of Greenwood.
Walter Linder said he was a patent attorney and looked at serving on the Planning Commission as an opportunity to give back to the community. He said he has lived in Deephaven for 15 years.
Commissioner Dyb asked if there was any development in the city that stood out in his mind which could have been done differently. Mr. Linder said that nothing came to mind.
Dyb asked the same question of Mr. Carlson. Mr. Carlson said he thought the city missed an opportunity with the bridge construction. He felt it could have been designed to be more aesthetically pleasing.
Bob Werneiwski said he was a relative newcomer to the area, moving here last August. He also felt it was important to integrate himself into the community through volunteerism. He said he works as a contract civil engineer and that most of his work is done in the Chicago area. He travels every couple of weeks, but that he controls his schedule.
Chairman Kask asked Mr. Werneiwski the same question asked of Mr. Carlson and Mr. Linder. Mr. Werneiwski said he had a special interest in the development of Chowen’s corner.
Zoning Coordinator Karpas asked that the Commissioners rank their choice to fill the vacancy. Mr. Karpas tallied the ballots and gave the results to Chairman Kask, who informed the candidates that Mr. Carlson had received the best ranking. Mr. Werneiwski received the second highest ranking and would be considered for any new vacancies created after the upcoming election.
ACTION: Motion by Commissioner Dyb to recommend that the City Council appoint Kent Carlson to fill the remainder of Anne Lawler’s Planning Commission term, expiring April 1st 2005. Commissioner TenClay seconded the motion. The motion carried 6-0. Upon roll call vote Commissioners Budd, Dyb, Kask, McKinney, Nelson and TenClay voted aye. There were no nay votes.
ORDINANCE AMENDMENT – IMPERVIOUS SURFACE – Recommendation to the City Council on an ordinance amendment regulating impervious surface.
Zoning Coordinator Karpas gave an overview of the proposed ordinance. He explained that homeowners would be able to increase lot coverage with approved methods for handling excess run-off. Regarding the proposed ordinance, he felt that the Commission should continue with their original recommendation to the Council that the impervious surface area in the Shoreland District be set at twenty-five percent and that all area outside the Shoreland District should be set at thirty percent.
Karpas said the issue as to whether to permit permeable pavers without Council approval. Karpas felt that they should be included as impervious surface.
Commissioner Dyb agreed that the area outside the Shoreland District should be kept at thirty percent. He was unsure about the pavers.
Commissioner Nelson questioned why we would permit an increased percentage outside the Shoreland District. He supports a requirement outside of the Shoreland District, but that it needs to be well thought out to limit the amount of future variance requests.
Chairman Kask opened the public hearing. Karpas asked Jay Tucker, 4550 Linwood Lane, who was a Council member around the time the original impervious surface standards were adopted, if he had any insight on the rational of the current ordinance. Mr. Tucker said the intent of the ordinance was to limit the amount of massing on a lot, reducing the amount of non-vegetative area on a property.
Commissioner TenClay was supportive of adding an impervious surface standard outside the Shoreland District and would like to see a variance required for requests to exceed the maximum percentage. He doesn’t see a problem with granting a variance if proper steps are taken to retain water on a property.
Commissioner Budd felt the original proposal by the Planning Commission was more workable and less ambiguous than the ordinance under consideration.
Commissioner McKinney found it strange that there were no impervious surface requirements outside the Shoreland District and supports creating an ordinance setting an impervious surface percentage.
Chairman Kask commented that he did not like the draft ordinance and would like to see staff draft a new ordinance reflecting the previous Planning Commission recommendation. He said he would like to see permeable pavers included in hardcover calculations. He’s concerned that the permeability of the pavers is based on proper installation and does not account for wear over the years.
Commissioner Dyb asked about inspections to insure proper installation and agreed with Kask that they should count against a property’s hardcover.
The other Commissioners agreed. Staff was directed to draft an ordinance, which limits impervious surface to twenty-five percent in the Shoreland District, thirty percent outside the Shoreland District and language including permeable pavers in impervious calculations.
ORDINANCE AMENDMENT – CONSTRUCTION SITE MANAGEMENT – Recommendation to the City Council on an ordinance amendment managing conditions on construction sites.
Zoning Coordinator Karpas gave an overview of the proposed ordinance. He explained the proposed ordinance would allow the city to more effectively manage the adverse affects that construction has on adjacent properties.
Chairman Kask opened the public hearing. Hearing no public comment, the public hearing was closed. He asked for Commissioner comments.
Commissioners were concerned that the proposed ordinance would create a hardship on homeowners improving their properties. They felt that the construction hours limited their ability to do any construction and the requirements for on-site toilets and dumpsters would require them to incur unnecessary expense.
The Commission felt the ordinance needs to be redrafted to limit the most restrictive requirements to commercially licensed builders. Other suggestions included exempting projects below a certain dollar value or which were short in duration.
Karpas said he would work on the language and bring it back before the Planning Commission at their next meeting.
ADJOURNMENT
Motion by Kask to adjourn the meeting. Commissioner Dyb seconded. The motion carried 6-0. The meeting adjourned at 8:30 p.m.
Respectfully submitted,
Gus Karpas
Zoning Coordinator