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CALL TO ORDER: Chairman Keith Kask called the meeting to order at 7:00 p.m.
MINUTES OF February 17, 2004 Motion by Commissioner Dyb, second by Commissioner Daly, to approve the minutes of February 17, 2004 as submitted. Motion carried 4-0. VARIANCE– Tom Tallakson – 19240 Cottagewood Road, (R-2, 40,000) request for a combination/subdivision of four existing non-buildable lots into three non-buildable lots. A request for a variance to create lots which do not conform to the minimum required lot area in the R-2 District. Ed Towey, 4635 Maple Hill Drive, presented the request. Mr. Towey gave a brief description of the existing property conditions and explained the proposed re-subdivision of the property. He explained that the Maple Hills Association has been in discussions with the City Council about the proposal, which would allow the Association to increase the number of docks they could install. Mr. Towey distributed the proposed legal descriptions for the property and commented that since they are not extensive; he feels the property would not have to be divided by platting. Commissioners Dyb and McKinney had no comment on the request. Commissioner Daly said the request seems to be in order and that the legal descriptions were clear. Chairman Kask commented that the intent of the request is to allow for more user friendly lake access. He said the western portion of the property currently owned by the city is steep and is of little use for the city. Mr. Towey said the Association does not intend to use that portion of the property. Chairman Kask commented that the depth of the back bay and the height of the bridge would limit the size of boats, which could be placed on the docks. Chairman Kask opened the Public Hearing. Hearing no public comment, the Public Hearing was closed. ACTION: Commissioner Kask made a motion to recommend the City Council approve the subdivision request to create three non-buildable lots from four non-buildable lots and approval of the variance request of to create lots which do not conform to the minimum required lot area in the R-2 District. The motion is conditioned that no structures, other than docks may be placed on the lots. He commented the lots in questions have limited access and the proposed division increases the lakeshore not only for the Maple Hills Association, but also give more continuos lakeshore area for Burton Park. Commissioner Dyb seconded the motion. The motion carried 4-0. Upon roll call vote Commissioners Daly, Dyb, Kask and McKinney voted aye. There were no nay votes. ORDINANCE AMENDMENT – Height and Driveway – Amend the Zoning Ordinance to place height regulations and driveway setbacks in the residential development section of the ordinance. Zoning Coordinator Karpas explained that the proposed changes would add the existing height regulations, currently located in the definitions section of the ordinance to the residential development of the ordinance and would also create a new driveway setback requirement. Karpas explained the proposed location in the ordinance would make it easier for staff and the public to locate the provisions. Karpas discussed the proposed creation for the driveway setback. It said existing driveways would be excluded as long as the structure it serves is not relocated. He said those driveways could be repaired or replaced without the need for a variance. Chairman Kask asked for Commissioners comments. Commissioner McKinney thinks it’s a good idea to move the height requirements and said he supports the setback requirement for driveways. Commissioner Daly supports the proposed amendments and feels they will be easier to enforce in their proposed location in the ordinance. Commissioner Dyb clarified that existing driveways were exempt. He said he supports the proposed changes. Chairman Kask opened the Public Hearing. Kent Carlson, 20505 Lakeview Avenue, commented that the proposed finished grade portion of the height requirement might be in conflict with requirements of the DNR, which requires a minimum floor height above the floodplain elevation. He questioned if a variance would be required to meet the requirement in the situation where there is conflict. Zoning Coordinator Karpas said the city also has a minimum floor height requirement and that the Commission could approve the proposed ordinance subject to language being added, exempting those situations where the structure elevation would need to be adjusted. Commissioners agreed that language should be added for the exception. Hearing no further public comment, Chairman Kask closed the Public Hearing. ACTION: Commissioner Kask made a motion to recommend the City Council approve the proposed ordinance amendments to create subdivision three, regulating height and subdivision four, requiring a setback for driveways in Section 1310.10 of the Zoning Ordinance and renumber the existing subdivision three to subdivision five. The motion is subject to language being added to the height ordinance addressing the floodplain elevation. Commissioner Dyb seconded the motion. The motion carried 4-0. Upon roll call vote Commissioners Daly, Dyb, Kask and McKinney voted aye. There were no nay votes. ORDINANCE AMENDMENT – Finished Grade – Amend the Zoning Ordinance to add a definition for Finished Grade. Zoning Coordinator Karpas explained the addition to the height requirement would limit the increase in the construction grade for new structures. He said that concerns have been raised with the increase in construction grade and how it affects the drainage pattern. Commissioner Dyb asked if the proposed change would affect those desiring to build a walkout home. Karpas said it would not, it would only limit the finished grade of a project. Walkouts could still be built. Commissioners Daly and McKinney supported the proposed amendment. Karpas suggested that language be added to account for potential conflict with the floodplain requirements. Chairman Kask opened the Public Hearing. Hearing no public comment, the Public Hearing was closed.
ACTION: Commissioner Kask made a motion to recommend the City Council approve the proposed ordinance amendment to create a definition of finished grade in Section 1345 of the Zoning Ordinance and to renumber subdivisions twenty-six through seventy-three to reflect the amendment. Commissioner McKinney seconded the motion. The motion is subject to language being added to address the floodplain elevation. The motion carried 4-0. Upon roll call vote Commissioners Daly, Dyb, Kask and McKinney voted aye. There were no nay votes.
ORDINANCE AMENDMENT – Non-conforming Uses – Amend the Zoning Ordinance to limit the use of non-conforming uses if they are discontinued for a period of one year. Zoning Coordinator Karpas explained that the proposed amendment would add a sentence to the existing non-conforming use provision, removing the non-conforming status of a property or use if the use is discontinued for a period of one year. He said this is common language in other cities ordinances and should be included in Deephaven’s. Commissioner McKinney felt the language is good and supports the proposed amendment. Commissioner Daly agreed. Commissioner Dyb said he was excited about the proposed change. Chairman Kask opened the Public Hearing. Hearing no public comment, the Public Hearing was closed. ACTION: Commissioner Kask made a motion to recommend the City Council approve of the proposed ordinance amendment to amend Section 1310 of the Zoning Ordinance to add language to limit the use of non-conforming structures once they have been discontinued for a period of one year. Commissioner McKinney seconded the motion. The motion carried 4-0. Upon roll call vote Commissioners Daly, Dyb, Kask and McKinney voted aye. There were no nay votes. PLANNING COMMISSION NOMINEES – Recommend potential Planning Commissioners to fill future vacancies. Chairman Kask gave a brief overview of the process for selecting potential Commission members. He said he invited four individuals to be interviewed. He introduced the candidates, Joan Budd, Kent Carlson, Walter Linder and Bob Werneiwski. He asked the Commissioners if they had any initial questions. There were none. He asked the candidates to give a brief presentation on what experience they have to serve on the Commission and why they would like to serve. Joan Budd, 3505 Montgomerie Avenue, said she has been a resident of the city since 2002. She’s a real estate attorney for Target Corporation and has experience working with site plans and understands the processes of a Planning Commission. She feels that the City of Deephaven is quaint and charming and would like help maintain that character. She feels the Planning Commission gives her a chance to serve the community and to get to know the community better. Kent Carlson, 20505 Lakeview Avenue, said he is a seven year resident of the city. He works with Ryan Companies and focuses on cleaning up and re-using brownfields. He has had a lot of exposure to the Planning Commission procedures through his job. He feels his experience would be an asset to the Planning Commission. Walter Linden, 3940 Walden Road, has been a resident of Deephaven for fourteen years. He is a patent lawyer with Faegre & Benson. He feels serving on the Planning Commission would give him an opportunity to become closer to the community. Bob Werneiwski, 3465 Deephaven Avenue, moved to Deephaven in August of 2003. He is a consulting civil engineer, with a focus on managing solid waste. He said that even though he has to travel for his business, he would have no scheduling conflicts. He feels that the Planning Commission gives him a chance to serve his community. Chairman Kask thanked all the applicants and asked if they had any questions. Kent Carlson asked about the timeline for the selection process. Chairman Kask explained that the Planning Commission would make a recommendation to the City Council, which would act in appointing any new Commissioners. He commented that there is only one vacancy at this time, but anticipates one or two more in the near future. Commissioner Dyb asked why only four were selected out of the list of interested residents. Chairman Kask said he felt the four individuals represent a cross section of the applicants available. He felt it would not be productive to interview all candidates on the list. Commissioner Dyb agreed that interviewing all interested residents would be a big task. He is concerned with arbitrarily selecting four candidates without other Commissioners input. Chairman Kask said he did not want to give an impression of the old boys network, so he included old residents, along with some new ones. He feels the experience of the candidates present would help the transition of potentially losing three long time members. APPOINT CHAIRPERSON AND VICE-CHAIRPERSON – Recommend Chairperson and Vice-Chairperson to City Council. Zoning Coordinator Karpas explained the process for electing the Chair and Vice-Chair positions. He said they would serve a one-year term until ending April 2005. Commissioners agreed that due to the high number of absent members, the selection of the Chair and Vice-Chair should be continued to the April meeting.
PLANNING COMMISSION NOMINEES – Recommend potential Planning Commissioners to fill future vacancies. Chairman Kask re-opened the issue of Planning Commission Candidates. Zoning Coordinator Karpas said the Commission should recommend the appointment of one candidate tonight to fill the immediate vacancy and interview others for the upcoming vacancies. He said the Council expects a specific recommendation from the Commission. Zoning Coordinator Karpas suggested that due to the concern that input was not taken from other Commission members, that a brief recess be taken to allow the Commission members to review and select three potential candidates from the available list of residents. A ten-minute recess was taken at 8:40 p.m. Chairman Kask re-convened the Commission at 8:50 p.m. Commissioners compared their list and agreed to invite Kent Davidson, Pat Noaker, John Pearson and William Wright to the April meeting to discuss their qualifications and interest in serving on the Planning Commission. Chairman Kask said he felt comfortable to appoint one of the candidates who attended tonight’s meeting to fill Mr. Daly’s vacancy. The Commissioners agreed. ACTION: Commissioner Kask made a motion to recommend the City Council approve the appointment of Joan Budd to the Planning Commission for a term beginning April 2004. He feels her work experience and enthusiasm will benefit the Planning Commission. Commissioner Dyb seconded the motion. The motion carried 4-0. Upon roll call vote Commissioners Daly, Dyb, Kask and McKinney voted aye. There were no nay votes. ADJOURNMENT Motion by Kask to adjourn the meeting. Commissioner Daly seconded. The motion carried 4-0. The meeting adjourned at 9:00 p.m. Respectfully submitted,
Gus Karpas Zoning Coordinator |