CALL TO ORDER: Chairman Keith Kask called the meeting to order at 7:05 p.m.

Motion by Commissioner Nelson, second by Commissioner Dyb, to approve the minutes of January 20, 2004 as submitted. Motion carried 5-0.

VARIANCE/SPECIAL USE PERMIT – Kyle Hunt and Partners – 18258 Minnetonka Boulevard, (C1, 10,000) Request for a special use permit to construct a new 15, 555 square foot commercial structure. Request for a ten foot variance of the required twenty-five foot, corner lot side yard setback, an eight foot variance of the required ten feet sign side yard setback, a variance to exceed the maximum impervious surface by forty-seven percent and a variance of twenty-eight parking spaces of the required sixty-two parking spaces.

Wendy Bennis of Windhaven Properties, Mike Sharratt and Jeff Sweitzer of Sharratt Design presented the request. Ms. Bennis gave a brief overview of the requested variances and suggested that she discuss each one individually. The Commission agreed.

Ms. Bennis said the request to exceed the impervious surface by forty-seven percent was unavoidable since the property is zoned commercial. She discussed the requirements in other cities with more dense commercial areas and said that the proposed percentage of seventy-two percent would fall into those regulations. She pointed out that the City of Deephaven requires fifteen percent of the lot to be green space and that the proposal provides twenty-eight percent.

Ms. Bennis discussed the request for a corner lot, side yard setback. She said the majority of the encroachment would be in the area of the rotunda at the front of the building, with the majority of the building tapering back, eventually only needing a three foot variance at the back end of the structure. She said the structure would have no negative affect on site lines and that the setback is similar to other buildings on corner lots in the area. Ms. Bennis said the property survey shows the property line extending to the middle of the road, but the setback measurements were taken from the right-of-way line.

On the setback variance for the proposed sign, Ms. Bennis said that the sign is of minimal size and is set back consistent with other signs in the area. She said the sign is not placed within the required vision triangle setback and since it is placed on a controlled intersection, there are no safety concerns.

Ms. Bennis discussed the parking request. She commented on the proposed compact parking spaces, saying it isn’t uncommon for a city to permit stalls to service smaller vehicles. The concern with creating greater stall depth on those stalls, is that it would shorten the drive lane that serves the parking area on that side of the building. She explained the required number of spaces, based on gross square footage, minus the proposed storage area would be forty-seven stalls. She said the proposal includes thirty-five on-site spaces and six on-street spaces.

Chairman Kask asked the Commissioners for their comments. He felt it would be most productive to have each Commissioner comment on all requests included in the proposal prior to moving to the next Commissioner’s comments.

Commissioner TenClay questioned the square footage of the building. He said the parking requirement is based on gross square foot and that he would not support removing the mechanical and storage area out of the calculation. Ms. Bennis commented that it has been done historically. TenClay said he feels the structure is too large and questioned whether the uses of the buildings near the municipal lot have ever been researched to verify the adequacy of the spaces provided in the lot to serve those buildings with no parking. He said he does not support the variance request for parking.

TenClay said he is not supportive of the requested variance on the corner lot setback. He said he was sympathetic with the plight of the lot in regards to hardcover and the need for a variance. He said he was unwilling to reach an agreement on a specific percentage at this point in time. He did not support the variance request for the proposed sign. He feels the sign should comply with the ordinance.

Commissioner Daly said he is open to discussions on the impervious surface request. He said he is not opposed to it. He sees no problem with the requested corner lot, side yard setback. He said the majority of the encroachment would be the rotunda area. He feels there is still good site lines on the property. He also supports the request for the sign setback.

Daly said he was undecided on the proposed compact parking area. He is unsure on the minimum required structure size to make the property work from a financial standpoint, but feels the number of parking spot may need to be re-evaluated. He suggested the applicant look at the proposed size of the building.

Commissioner Nelson said he likes the design of the building, including the size and supports the special use request. He said he has some concerns about the parking. He feels it would be difficult to regulate who parks in the compact spaces and does not like the proposed on street parking, especially on Minnetonka Boulevard. He’s concerned about the flow or traffic and potential congestion at the intersection. He said once the spots are approved, regulation is difficult.

Nelson supports the setback requests for the structure and the sign. He supports the variance request to exceed the permitted impervious surface.

Commissioner Dyb supports the special use request for the 15,555 square foot building. He is also supportive of the corner lot, side yard setback. He feels that regardless of the setback, there is plenty of green space on the property.

Dyb is supportive of the request to exceed the permitted impervious surface. He noted that the property is quite a distance from the lake and that engineering alternatives exist which would mitigate run-off concerns. He said he was originally unsure about the proposed signage, but that now he supports the requested variance. He feels the sign is attractive and non-obtrusive.

Dyb is supportive of the parking variance, though he is unsure about the future need for parking spaces. He commented that the current commercial trends in Deephaven would suggest very little change in the future from what currently exists. He feels the municipal lot is underutilized.

Chairman Kask summarized the request. He commented that the required parking, without the inclusion of the storage area is forty-seven spaces. He said the applicant proposes thirty-five on-site spaces and six on-street spaces. He said the only option to increase parking would be to reduce the overall size of the building, but even reducing the building doesn’t address the need for twenty-four foot drive aisles. He questioned whether placing the building towards the rear of the lot would permit more parking, but commented he felt it would be less aesthetically pleasing. He agrees that parking is tight on the property, but feels the applicant is entitled to some spaces in the municipal lot.

Kask said he is supportive of the side yard setback request. He feels the amount of green space is adequate. He supports the sign setback request, especially since the intersection is controlled. He supports the impervious surface request due to the requirements of the ordinance for on-site parking.

ACTION: Commissioner Kask made a motion to recommend the City Council approve the special use request to construct a 15,555 square foot commercial structure. The motion is conditioned that the proposed square footage in the basement is limited to mechanical and storage uses only. Commissioner Dyb seconded the motion. The motion carried 4-1. Upon roll call vote Commissioners Daly, Dyb, Kask and Nelson voted aye. Commissioner TenClay voted nay.

ACTION: Commissioner Kask made a motion to recommend the City Council approve the variance request of thirteen parking spaces. The motion bases the parking calculation on a building square foot area of 11,775 square feet. A hardship exists in the configuration of the lot and the residential buffer requirement, which limits the expansion of parking on the lot. He said the request is reasonable and the proposed parking is consistent with other structures in the commercial district. The motion is conditioned that thirty-four full size parking stalls be provided. Commissioner Dyb seconded the motion. The motion carried 5-0. Upon roll call vote Commissioners Daly, Dyb, Kask, Nelson and TenClay voted aye. There were no nay votes.

ACTION: Commissioner Kask made a motion to recommend the City Council approve the variance request of ten feet of the required corner lot side yard setback, for the proposed structure. A practical difficulty exists in configuration of the lot and that the request is consistent with the neighboring properties. He said the survey indicates that the property line extends to the middle of the road, which, if considered, would remove the need for a variance. Commissioner Nelson seconded the motion. The motion carried 5-0. Upon roll call vote Commissioners Daly, Dyb, Kask, Nelson and TenClay voted aye. There were no nay votes.

ACTION: Commissioner Kask made a motion to recommend the City Council approve the variance request to exceed the maximum permitted impervious surface by forty-seven percent. A practical difficulty exists in the requirements of the ordinance for parking in the commercial district. The motion is conditioned that the impervious surface not exceed a total of seventy-two percent. Commissioner Dyb seconded the motion. The motion carried 5-0. Upon roll call vote Commissioners Daly, Dyb, Kask, Nelson and TenClay voted aye. There were no nay votes.

ACTION: Commissioner Kask made a motion to recommend the City Council approve the variance request of eight feet of the required sign side yard setback. A hardship exists in the need to identify building tenants. The motion is conditioned that no additional signage will be permitted, including a prohibition on window signs. Commissioner Dyb seconded the motion. The motion carried 4-1. Upon roll call vote Commissioners Daly, Dyb, Kask and Nelson voted aye. Commissioner TenClay voted nay.

ACTION: Commissioner Kask made a motion that the Council consider the inclusion of the on-street parking sites and use of the municipal lot as presented on the site plan as ways to alleviate potential congestion on the site. The municipal parking lot is not fully utilized and the nature of businesses in Deephaven would not increase the parking demand on the lot in the future. Commissioner Dyb seconded the motion. The motion carried 3-2. Upon roll call vote Commissioners Daly, Dyb and Kask voted aye. Commissioners Nelson and TenClay voted nay.

ORDINANCE AMENDMENT – Height and Driveway – Amend the Zoning Ordinance to place height regulations and driveway setbacks in the residential development section of the ordinance.

This item was continued to the March 16^th meeting.

ORDINANCE AMENDMENT – Finished Grade – Amend the Zoning Ordinance to add a definition for Finished Grade.

This item was continued to the March 16^th meeting.

PLANNING COMMISSION NOMINEES – Recommend potential Planning Commissioners to fill future vacancies.

Zoning Coordinator Karpas explained that the Planning Commission is required to make a motion to the City Council recommending candidates to fill the upcoming vacancies.

Councilmember Monson asked how the finalists were chosen. Chairman Kask said they were chosen from a list of interested people on file with the city. Monson asked about how many were interviewed and what were their qualifications.

Chairman Kask said that he contacted a few of those on the list by phone and then later invited to a meeting to discuss their qualifications.

Councilmember Monson said he was concerned that more people weren’t included in the process. Commissioners Dyb and Nelson said they were unaware that there were more potential candidates and would support continuing the process.

Staff was directed to provide a list of interested parties to the Commission. This item was continued to the March 16^th meeting.

There was a discussion on the process and term of service for the Planning Commission Chair and Vice-Chair. Staff was directed to research the new ordinance and to place the item on the March 16^th agenda.

Motion by Dyb to adjourn the meeting. Commissioner Nelson seconded. The motion carried 5-0. The meeting adjourned at 9:20 p.m.

Respectfully submitted,

Gus Karpas

Zoning Coordinator