Deephaven Planning Commission
Tuesday, November 16, 2004
7:00 PM
Page 1
CALL TO ORDER: Chairman Keith Kask called the meeting to order at 7:00 p.m.
PRESENT: Chairman Keith Kask, Commissioners Joan Budd, Kent Carlson, Dan Dyb, Jeff McKinney and Warren Nelson.
ABSENT: Commissioner Marvin TenClay
OTHERS PRESENT: Council Liaison Nancy Middleton, Zoning Coordinator Gus Karpas
Motion by Commissioner Nelson, second by Commissioner Dyb, to approve the minutes of October 19, 2004 as presented. Motion carried 5-0-1. Commissioner Carlson abstained.
VARIANCE: Sandra Swenson –
Ms. Swenson was not present at the start of the meeting. Chairman Kask continued to the next item on the agenda.
VARIANCE: Gregory Welch – 19115 Lake Avenue, (R-3, 20,000) Request to encroach nine feet into the required fifteen foot west side yard setback, a variance to encroach six feet into the required fifteen foot east side yard setback, a variance to encroach one and a half feet into the required fifteen foot rear yard setback and a variance to exceed the maximum permitted impervious surface by less than one percent for a proposed addition.
Steve Welch presented the request. He said the request would remove eight feet off the rear of the existing structure and that twelve feet would be added. The proposed addition would include a basement and a second story. He said a basement is desired since there have been past instances where the sewer line has frozen because it is not deep enough.
Chairman Kask opened the public hearing.
Dennis Haggerty,
Hearing no further public comment, Chairman Kask closed the public hearing and asked for Commissioner comments.
Commissioner Nelson commented that the lot was very narrow and that all the structures in the area were pretty tightly built. He said he supports the request as it pertains to the side yard setbacks, but is concerned about permitting an encroachment in the rear yard where one doesn’t currently exist.
Commissioner Dyb agreed the lot was narrow, especially in the rear yard. He also doesn’t necessarily want to see an additional encroachment on the property, but is supportive of the request. He feels the proposal does not detract from the character of the neighborhood.
Commissioner Carlson feels the request is consistent with the neighborhood and has no concerns about the rear yard variance.
Commissioner Budd agreed with the other commissioners about the character of the neighborhood. She also would like to see the proposal meet the rear yard setback, but does not view that request as a reason to deny the proposal.
Commissioner McKinney said he was not supportive of the rear yard variance request. He supported the side yard variances because they currently exist. He feels there are design alternative, such as constructing off the front of the house, which would eliminate the need for the rear yard request.
Commissioner Kask asked if the applicant thought of other design alternatives as they relate to the rear yard. Mr. Welch said he was unaware of the encroachment until he received the survey and commented that only a three square foot area encroached into the required yard. He pointed out to the Commission that the home sits at an angle and is not parallel to the rear property line.
Commissioner Kask asked about the shed currently located in the rear yard. Mr. Welch said it would be removed.
Commissioner Kask said he is sensitive to the neighbor’s massing concern, but said it is not unusual for the homes in the area to be close to one another. He discussed the hardship criteria and said he felt the size of the lot creates a hardship and that the placement of the home constitutes a practical difficulty.
ACTION: Motion by Commissioner Dyb to recommend that the City Council approve the variance request to encroach nine feet into the required fifteen foot west side yard setback, the variance to encroach six feet into the required fifteen foot east side yard setback, the variance to encroach one and a half feet into the required fifteen foot rear yard setback and the variance to exceed the maximum permitted impervious surface by less than one percent for a proposed addition. A hardship exists in the size of the lot and the placement of the home, which requires a variance for any structural alterations. The motion is conditioned that the shed on the rear of the property be removed, that the overall height of the proposed addition not exceed twenty-eight feet, four inches and that there be no further encroachments into the required side yard setbacks than what is proposed. Commissioner Budd seconded the motion. The motion carried 5-1. Upon roll call vote Commissioners Budd, Carlson, Dyb, Kask, and Nelson voted aye. Commissioner McKinney voted nay.
VARIANCE: Sandra Swenson –
Sandra Swenson presented the request. She said that as they were making repairs to the basement, it was discovered that a large portion of the foundation and sill plate needed to be replaced. She is requesting that the house be permitted a two foot increase in height to create useable space in the basement since it has to be lifted to repair the foundation. She said the proposal would not increase the height or location of the garage and bridge currently under construction.
Chairman Kask opened the public hearing. Hearing no public comment the public hearing was closed. Kask asked for Commissioner comments.
Commissioner McKinney asked if the basement floor would be
lowered. Ms. Swenson said it would not
because it would require variances from the city and the DNR.
Commissioner Budd asked about the previous variances granted for the property. She said that she was supportive of the request. Commissioner Carlson also supported the request and suggested that the basement floor be raised to alleviate water infiltration.
Commissioner Dyb asked about the pitch of roof on the structure. Ms. Swenson said the pitch was currently 3/12 and that it would be changed. Dyb said he supported the request.
Commission Nelson asked what the finished height of the basement would be. Ms. Swenson said it would be less than nine feet. Nelson said he didn’t see any issues with the request.
Chairman Kask commented that the request was unique. He said the damage to the sill plate indicates a degree of water damage. He feels the request is reasonable in that it addresses two issues, those being creating a useable basement and the mitigating of water issues.
ACTION: Motion by
Commissioner Kask to recommend that the City Council approve the amended
variance request to increase the structure height at
VARIANCE: Sarah Dale – 19390 Walden Trail, (R-2, 40,000) Request to exceed the maximum fence height by two feet and a request to encroach one hundred feet into the required one hundred foot lake yard setback.
Sarah Dale presented the request. Ms. Dale said the plan was to replace an
existing chain link fence with a new cedar fence in the exact location. The proposed fence would be eight feet to
help keep deer off the property. She
said there is a need for privacy due to
Chairman Kask opened the public hearing. Hearing no public comment the public hearing was closed. Kask asked for Commissioner comments.
Commissioner Dyb agreed that the existing fence doesn’t provide adequate privacy. He commented that the city is always concerned about requests that include encroachment into the required lake yard setback. He questioned the added benefit for privacy and deer deterrence in increasing the fence height to eight feet. He feels that even if an eight-foot fence kept the deer off the property, they would just find a new way to gain access. He said he was supportive of the proposed fence location, but not of the proposed height.
Commissioner Carlson discussed a fence on the other side of the beach. He commented that screening could be provided through the use of landscaping. He said he didn’t know if the proposed fence height would deter deer or not, but that he was supportive of the fence location.
Commissioner Budd supports the location of the fence, but against the proposed height. She said she sympathizes with the applicant’s dilemma, but felt an eight-foot fence was not a good precedence to set.
Commissioner McKinney supports a six-foot fence in the proposed location, but does not believe an eight-foot fence would be adequate to control the deer.
Commissioner Nelson agreed. He noted that the proposed fence would terminate close to the lake.
Chairman Kask asked the applicant about the termination point of the fence. Ms. Dale said it would terminate at the top of the rip-rap, like the existing fence.
Chairman Kask said he agreed with others that an eight-foot fence would not deter the deer and could potentially set precedence. He felt the fence should be pulled back from the lake a minimum of six feet.
ACTION: Motion by
Commissioner Kask to recommend that the City Council approve the variance
request to encroach one hundred feet into the required one hundred foot lake
yard setback for the proposed fence and that the City Council deny the variance
request to exceed the maximum permitted fence height by two feet. The motion is conditioned that the fence not
exceed six foot in height and be placed no closer to the lake than the existing
fence. A hardship exists in the
condition of the existing fence and the need for privacy from the adjacent
public use. Commissioner Dyb seconded
the motion. The motion carried 6-0. Upon roll call vote Commissioners Budd,
Carlson, Dyb, Kask,
SPECIAL USE PERMIT: Kathy Hanson –
Kathy Hanson presented the request. She described the nature of her business and pointed out that it has been in operation for the past three years. She said she typically holds three sales a year and may occasionally hold four, but that is rare.
Chairman Kask opened the public hearing. Zoning Coordinator Karpas directed the Commission’s attention to letters he received from adjacent properties raising concerns about signage and traffic.
Ms. Hanson discussed the concerns raised in letters and outlined changes made in her operation, which lessened the impact on the neighborhood.
Hearing no further public comment, the public hearing was closed. Chairman Kask asked for Commissioner comment.
Commissioner Carlson asked about the average number of customers visiting the site and whether there was a need for restroom facilities. Ms. Hanson said she didn’t have exact counts on the number of customers, but that typically they would use the bathroom in the house. Carlson asked about the display of products. Ms. Hanson said there is no outdoor display during the winter sale, but that a tent is erected for the summer and fall sale. Carlson suggested that a site plan be submitted outlining the different uses on the property during a sale, he feels this will help the Council.
Commissioner Nelson expressed concern that the business may become popular and outgrow the property. Though he has no specific concerns at this time, he would like to see fire safety issues addressed as part of the permit.
Commissioner Dyb said he was supportive of the request with the conditions outlined by staff. He said he knows from personal experience that the business is very popular and understands that it’s near the “irritation” point with the neighbors.
Commissioner Budd said the business adds to the charm of the city, but understands there may be a need to reconsider the permit as the business grows.
Commissioner McKinney is supportive of the request with conditions.
Commissioner Nelson suggested that applicant stagger sale hours on her mailings to try to lessen the traffic impact. Commissioner McKinney commented that people are going to want selection and would not adhere to specific hours for visiting the sale.
Chairman Kask commented that it appears five Commissioners are in support of the request. He said he does not feel the business meets the intent of the ordinance and that each day of the sale should be counted as an individual event, bringing the total number of sales to twelve a year. He said the business has more than the permitted employees and is concerned there are other properties, which could lend themselves to a similar enterprise.
Ms. Hanson argued that other uses such as the Parade of Homes and private rummage sales are held on weekends and that they are considered one event. She pointed out that one of the employees lives in the home and cannot be counted against her allotment. As for similar businesses opening on other properties, Ms. Hanson said that her property is unique in that it can handle the traffic it generates. She said the novelty of the business is that it’s contained entirely on her property.
Commissioner Dyb commented that the spirit and intent of the ordinance is to permit people to work out of their home with the littlest impact on the residential character of the surrounding neighborhood. He said that is why uses such as retail sales were intentionally left out of the ordinance.
Commissioner Nelson reiterated his concern that the business may outgrow the applicant’s ability to manage it on-site. Ms. Hanson commented that the business has gained national attention and she has been able to absorb the growth to date. She said growth doesn’t occur overnight and doesn’t feel it’s fair to assume problems before they materialize.
Chairman Kask said the ordinance does not delineate a difference between retail and “seasonal” sales. He is very concerned about encouraging such uses throughout the city. He feels the proposed business changes the residential environment of the area.
Commissioner Carlson questioned the authority the city has over private rummage sales. He said with the special use process, the city gains control over the use of the property.
Ms. Hanson said she is not asking to start a new business, rather continue a business she has been permitted to run for three years, prior to the new ordinance.
ACTION: Motion by
Commissioner Dyb to recommend that the City Council approved the special use
request to operate a home occupation at
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 again expressed their concern that the proposed ordinance would create a hardship on homeowners improving their properties. Their main concerns were about the prohibition of exterior construction after certain hours, the requirement for portable restrooms and dumpsters.
The Commission felt the ordinance worded to be more restrictive on those projects involving a long duration or a licensed builder.
They felt there should be language giving staff administrative authority on the application of the ordinance, so provision could be relaxed, at the discretion of staff based on the nature of the project.
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 9:40 p.m.
Respectfully submitted,
Gus Karpas
Zoning Coordinator