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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, Ann Lawler, Jeff McKinney, Warren Nelson and Marvin TenClay.

ABSENT: None

OTHERS PRESENT: Council Liaison Nancy Middleton, Zoning Coordinator Gus Karpas and Commissioner-elect Joan Budd

Motion by Commissioner Nelson, second by Commissioner Daly, to approve the minutes of March 16, 2004 as submitted. Motion carried 7-0.

VARIANCE– Douglas McDougal – 19705 Lakeview Avenue, (R-3, 20,000) request for a variance to exceed the maximum permitted impervious surface by fourteen percent.

Douglas McDougal presented the request. He said he would like to make some improvements on the property, including constructing a new attached garage with living space above it. He said the only variance needed was for the impervious surface and that the proposed construction meets all the required setbacks.

Chairman Kask opened the Public Hearing. Hearing no public comment, the Public Hearing was closed. He asked for Commissioners’ comments.

Commissioner McKinney said he liked the fact the proposal was reducing the impervious surface from what currently exists. He said he supports the request.

Commissioner Lawler discussed the removal of impervious surface and questioned whether there were more areas in which it could be reduced. Mr. McDougal said he could not find any other impervious surface that could be removed without negatively affecting his property. Commissioner Lawler felt the reduction of impervious was positive and feels the request to attach the garage was appropriate.

Commissioner Daly asked about using a pervious driveway surface. Commissioner Dyb commented that the driveway is somewhat shared with the neighbor and that it may look odd to have two different driveway materials.

Commissioner Daly said he was in favor of the request though he would like to see a further reduction in impervious surface.

Commissioner TenClay feels the proposal is reasonable and pointed out that the applicant has made an effort to meet the required setbacks.

Commissioner Dyb said he was supportive of the request as presented.

Commissioner Nelson said he agreed with the comments of the other Commission members, but would like to see an effort to remove more impervious surface. He questioned the accuracy of the hardcover calculations.

Chairman Kask said the hardcover calculations have been done by a certified surveyor, which allows a certain level of confidence in the accuracy of the tabulation. He said he is supportive of the request, especially due to the reduction in the impervious surface.

ACTION: Commissioner Kask made a motion to recommend the City Council approve the variance request to exceed the maximum permitted impervious surface by fourteen percent for the proposed attached garage, as presented, at 19705 Lakeview Avenue. A practical difficulty exists in that the property currently has a detached garage and that the proposed addition meets the required setbacks. He commented that the proposed improvement will not alter the essential character of the neighborhood and that it is noteworthy that the applicant has taken efforts to reduce the impervious surface on the property. Commissioner Lawler seconded the motion. The motion carried 7-0. Upon roll call vote Commissioners Daly, Dyb, Kask, Lawler, McKinney, Nelson and TenClay voted aye. There were no nay votes.

VARIANCE– Deephaven Education Center – 4584 Vinehill Road, (R-3, 20,000) request for a special use permit to construct an eleven foot by nine foot monument sign. There is also a request for a variance to permit the sign to have an electronic reader board.

Kim McReady, Minnetonka School District, presented the request. She summarized the number of programs offered at the Education Center, which are offered to everyone in the Minnetonka School District. She said the scope of the programs and their users outside the immediate area require high visibility. She said the use of the sign would be flexible with no scrolling or flashing messages. The sign would not be used for commercial advertising. She feels the use of the building is unique enough not to set precedence if the sign is permitted.

Chairman Kask opened the Public Hearing. Hearing no public comment, the hearing was closed. He asked for the Commissioners’ comments.

Commissioner Lawler pointed out that the number of diverse programs offered at the center requires the message on the sign to be changed on a daily basis. Ms. McReady said the district would like to change the message once an hour. She said the sign could be placed on a timer so it could be shut off at night.

Commissioner Nelson said he liked the sign and feels a condition should be placed on the sign that it be shut off at night.

Commissioner Dyb said he was very supportive of the sign, but that he has some reservations about the electronic display. He commented that the city is very guarded about the signs placed in the city, especially those signs, which may be backlit in nature.

Mike Connelly, Minnetonka School District, said the proposed sign has sixty-four different intensity settings.

Commissioner TenClay agreed with Commissioner Dyb. He was supportive of the sign request, but did not support an electronic message board. Ms. McReady pointed out that the proposed sign would have little impact on the adjoining residential properties due to the large buffer area.

Tom Isaacson, Minnetonka School District, said that the District looked at many sign designs and has chosen signs for their structures which match the communities in which they are located. He noted the proposed sign would have a boat design similar to the city’s signs. He said the color of the lettering can be adjusted in the message area and that they had decided on an amber color for the proposed sign.

Chairman Kask asked if the proposed sign was what was being used District wide. Mr. Connelly said the District has five similar electronic reader board signs at various locations.

Commissioner Daly said he was concerned about setting precedence. Ms. McReady said the uniqueness of the use and the fact the building is a public facility should give grounds to deny similar signs. Commissioner Dyb agreed with Daly saying it would be difficult to delineate between uses in the future.

Commissioner Lawler supports both requests and feels that no precedence would be set since the building serves the wider community. She feels people from outside the area need to be able to find the Center.

Commissioner Nelson commented on the number of reader board signs, which are not maintained and feels this offers an alternative which would be more desirable.

Commissioner Daly feels the sign could be a distraction to those trying to see what has changed on it. Mr. Isaacson said the driveway was designed to permit a person to be off the road before it could be read.

Commissioner McKinney said he likes the sign but does not support the electronic message area.

Chairman Kask commented that the Center gets a lot of activity and that some caution must be taken since it is located in a residential district. He agrees there is a need to identify the building and is comfortable with the idea of the electronic message board with the appropriate conditions.

ACTION: Commissioner Kask made a motion to recommend the City Council approve the special use request to construct a monument identification sign, with the dimensions and materials presented to the Planning Commission. There is a need to identify the property and the proposed sign is consistent with signage used by the School District. Commissioner Nelson seconded the motion. The motion carried 7-0. Upon roll call vote Commissioners Daly, Dyb, Kask, Lawler, McKinney, 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 include an electronic message board on the proposed monument sign. A hardship exists in the need to identify programs that serve the District. The motion is conditioned that the electronic message can only be changed once a day, that the intensity of the lighting be set at the minimum needed to read the message, that the message never flash or scroll, that the message color be of an amber hue, that the message area be limited to two lines and that the electronic message operate only between the hours of 7 a.m. and 9:30 p.m. Commissioner Dyb seconded the motion. The motion carried 4-3. Upon roll call vote Commissioners Dyb, Kask, Lawler and Nelson voted aye. Commissioners Daly, McKinney and TenClay voted nay.

CONCEPT REVIEW – DEEPHAVEN COVE – Steven Scott Development – 3660 County Road 101, (PUD) conceptual review of a proposed twenty-eight unit townhouse development.

Chairman Kask explained the public hearing process to the members of the public in attendance. He asked that they stay on topic and try not to repeat items, which have been brought up by those who spoke before them.

Kask gave a history of the Comprehensive Plan and the Planned Unit Development (PUD) process. He said the PUD provides an opportunity to change the use of the Sullivan property.

Dean Dovolis, DJR Architects, presented the request. He explained that the process to develop this property requires approval from the cities of Deephaven and Minnetonka. He said some changes have been made to the plan since it was submitted for review by Deephaven. He said the changes were based on the City of Minnetonka’s review.

Mr. Dovolis said the intent of the changes was to preserve trees on the south side of the property and included re-shaping the proposed retention pond.

He said the proposed development would include twenty-eight townhouse units, with those on the north side being two and one half story walkouts, while those on the south would be three story look outs. He presented elevation plans showing the rear of the structures and explained that the facades would be stone and hardy plank siding. He said gables were added on the rear of the structures to help soften the rooflines.

Mr. Dovolis described the changes in the retention pond from what was submitted and explained that the walls on the north and south sides of the property were pulled towards the center to help preserve trees.

He said the proposed cul-de-sac has been changed to a fire truck turn around. He said there had been some changes in the proposed grading, with varying degrees of fill required to permit drainage to the retaining pond.

Mark Gronberg, Gronberg and Associates, said that extra retaining walls were added at the request of the City of Minnetonka, which tightened the building pad. He pointed out that the proposed impervious surface on the lot was just under forty percent.

Zvi Leibovich, Paragon Design, said the lot is long and narrow and has a fifty-six foot change in grade within its two hundred and eight feet of width. He said the width, coupled with the twenty-five foot minimum structure width, makes development of the property difficult without disturbing the slopes on the north side of the property.

Chairman Kask opened the Public Hearing.

Christopher Brown, 17731 Jericho Road, said that he and other neighbors attended the informational meeting previously held by the Developer. He said the neighbors organized and held a meeting of their own where he was appointed a spokesperson for their concerns.

Mr. Brown said the neighbors are not opposed to residential development on the property and that even though they would like to see single family homes, they are not totally against multi-family units. They are concerned about the loss of trees on the south side of the property and the proposal to dig into the slopes on the north side of the property.

He said the Developer would remove approximately two thirds of the slope on the north side and that fill will be brought in to raise the elevation of the property, creating taller structures. The neighborhood feels the elevation should not be raised as proposed.

The neighbors on the south side of the property would be required to look at three story structures.

He said the neighbors have met with the developer to discuss options such as increasing the amount of landscaping. He said they are open to ideas and have no desire to "kill" the project. They just want to see a responsible development.

Linda Looky, 17801 Susan Lane, questioned the rational behind the number of units per acre permitted on the site and asked about the proposed wells on the property.

Chairman Kask explained that the thought behind the number of units was based on economics. Whereas the St. Therese property is vacant, the Sullivan property contains commercial uses, which would require more units to make it palatable for the owner to change the use from commercial to residential. It was also thought that characteristics of the adjacent properties lent it to a higher density.

Mr. Leibovich said the project would include five wells. Four wells will seven units a piece and one well will be dedicated to provide water to the sprinkler systems for the buildings. Commissioner Dyb asked about the fire hydrants on the property. Mr. Leibovich said they were property of the City of Minnetonka and that the development will not be permitted to use them.

Richard Bercheit, 17840 Stoncroft Lane, asked about the thirty foot easement along the rear of the property. He was concerned about access to it in the case of an emergency. Mr. Gronberg said the Developer could dedicate an access easement to the easement.

Tom Hoben, 17751 Jericho Road, said he had some serious concerns about the disturbance of the slopes on the north side of the property. He said cutting into the hill will make a steep cliff even steeper. He is not opposed to development and thinks the idea of residential uses on the property is great, he just doesn’t want it at the expense of creating a steeper slope. He said there is an existing natural buffer, which will be lost by cutting into the slope and raising the grade. He feels the Developer could be more creative.

Chairman Kask asked about the drainage pattern on the property. Mr. Gronberg said the majority of the lot would drain naturally into the retention pond and those areas on the western portion of the property would be directed to a storm sewer, which will carry the water to the retention pond.

Mr. Leibovich said the northernmost thirty-five feet of the slope will not be disturbed. Because of that, there will need to be retaining walls put in place to stabilize the slope. Commissioner Daly asked about the height of the proposed walls. Mr. Gronberg said the height on the north side will vary from five feet to twelve feet. Commissioner Dyb commented that it was difficult to envision the proposed wall without scaled drawings.

Mr. Dovolis discussed drawings showing the extent of the cut into the slope and the site lines from the adjacent properties to the development. He said the only way to avoid bringing in fill would be to cut deeper into the slopes.

Mr. Hoben said the wall, coupled with the hill, is a significant increase in slope.

Christa Badola, 17800 Stonecroft Lane, said she is worried about the fill and the increase it will create in the height of the proposed structures. Mr. Dovolis said the height of the structures are around twenty-seven feet, which is no different than what is permitted in residential construction. Ms. Badola said she would like to see more screening on the west side of the property.

Art Swanson, 17804 Susan Lane, said he is concerned the affect on traffic that twenty-eight units will create, especially across from Bennett Park.

Dari Murphy, 17771 Jericho Road, is concerned about the safety of the retaining walls. She feels that even with a fence, the wall is too tall and provides a temptation to children.

Mr. Hoben commented that the disturbance of the slope requires a variance and he feels the Developer has no hardship.

Mike Murphy, 17771 Jericho Road, questioned whether the Developer could accomplish his goals through the use of less density. He feels the density is too great for the property.

Chairman Kask asked for additional public comment, hearing none, the public hearing was closed. He asked for the Commissioners’ comments.

Dave Martini, Bolten & Menk Engineering, reviewed his letter submitted to the Planning Commission on the project as it pertained to the sanitary sewer, the proposed wells, the fire protection needs, the profile/radius of the street sections, drainage and slopes.

He said it appears the existing slope on the property is manmade and artificial. He said that the actual area to be disturbed would be greater due to the need to provide tie backs into the slope for the proposed retaining walls.

He said more information would be needed on landscaping and commented that a homeowners’ association would need to be created to maintain common areas.

He pointed out that his letter was based on the plan submitted to the Planning Commission and his comments did not reflect the changes made to the plans.

Chairman Kask said that the plan before the Commission was preliminary. He said he was under the impression the property on the Minnetonka side was to be annexed prior to the submittal of a concept plan.

Scott Bader, Steven Scott Design, said that his attorney was working with the City of Minnetonka’s attorney on the annexation. He said that Deephaven should have their attorney involved in that process.

Commissioner Nelson said he thought the plan looked pretty good. He said the homes looked moderate. He understands the concerns about fill. He feels the proposed retention pond should be adequate for drainage.

Commissioner Dyb said he was very encouraged by this first step. He likes the idea of a buffer on the south side. He said it would be helpful if the Developer provided before and after elevations. He thinks the proposal for eight to ten feet of fill is too much.

Commissioner TenClay discussed the drainage. He feels there would be a lot of fill needed to facilitate the drainage. He said his vision for the property under the PUD didn’t include what is being proposed, though he feels the general concept and density seems alright.

Commissioner Daly said his main concern is the slope on the north side. He feels soil testing should be done on the property to verify there is no pollution. He also said he is not in favor of granting a variance for the structure on the northeast portion of the development.

Commissioner McKinney said he is very concerned about the proposed change in slope on the north side and also about the amount of fill needed for the project.

Chairman Kask commented on his reluctance to permit large retaining walls. He is also concerned about the amount of fill needed. He said he is not prepared to make a motion on the proposal, due to the changes that were made. He said the applicant must submit an exact proposal, which includes the design of all structures, a complete grading plan, a drainage plan and information of the proposed retaining walls including material and exact heights.

He explained to those in attendance that if the property was subdivided into single family lots, the chances were that the structures built on them would be of similar size to the proposed townhouses. Since he has not been presented any design alternatives, he cannot comment on what else could be placed on the site.

He said some main areas such as parking, greenspace, access and width of units have been met. He still feels a new plan must be submitted for review and would encourage a modification in the proposed retaining walls.

Council Liaison Middleton explained that the Planning Commission heard the request as a courtesy to the residents who had been notified. Typically, a plan with the amount of changes as this one would have been continued to another meeting.

Mr. Leibovich commented that if fill could not be brought in to the property, they would not be able to do the project without raising the height of the retaining walls. He said they investigated wall options and found that they cannot tier the walls to make them less imposing.

Chairman Kask told the applicants that they have heard the Commission’s concerns and that he looked forward to an amended plan at the next meeting. He thanked those who came to speak on the request and explained that they would have additional opportunities to raise any concerns as the process moves forward.

Chairman Kask told the Commission there would be a brief recess at 9:45. The meeting reconvened at 9:55 p.m.

ORDINANCE AMENDMENT – Parking – Amend the Zoning Ordinance to amend the parking requirements for office uses in the commercial district.

Zoning Coordinator Karpas explained that the proposed changes would lessen the parking requirements by expanding the building area requirements per parking space. He said the benefit would not be noticed until a building exceeded a thousand square feet.

Chairman Kask opened the Public Hearing. Hearing no public comment, the hearing was closed. Chairman Kask asked for Commissioners comments.

Commissioners asked how the proposed ordinance compared to other communities. Karpas said the City of Deephaven tends to be more restrictive and the proposed ordinance brings the city closer to the regulations of other cities.

ACTION: Commissioner Nelson made a motion to recommend the City Council approve the proposed ordinance amendment to increase the building square footage per required parking space. Commissioner TenClay seconded the motion. The motion carried 7-0.

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

Zoning Coordinator Karpas explained the proposed amendment would move the slope development regulations from the Comprehensive Plan and place them in the Zoning Ordinance.

Chairman Kask opened the Public Hearing. Hearing no public comment, the Public Hearing was closed.

Chairman Kask raised some concern about the language in the proposed ordinance. He feels a variance provision should be added to address those slopes that exceed eighteen percent. Commissioner Lawler agreed that the language needs some work.

The Commissioner directed staff to send a copy of the ordinance to the City Engineer and City Attorney for their review and to place the item on the next Planning Commission agenda.

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

Zoning Coordinator Karpas explained said that all vacancies were filled and that there was no need at this time to interview any further candidates. He encouraged Commissioners who think they may not finish their terms to let him know as soon as possible.

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.

Each Commissioner was given a piece of paper to write their choice for Chairperson and Vice-Chairperson. Council Liaison Middleton and Zoning Coordinator Karpas tallied the votes.

Commissioner Kask was elected to serve as Chairman and Commissioner Dyb was selected as Vice-Chairman.

Chairman Kask made a motion expressing the Commission’s thanks to Commissioner Mike Daly for his fifteen years of service on the Commission. Commissioner Nelson seconded the motion. The motion carried 6-0-1. Commissioner Daly abstained.

Motion by Kask to adjourn the meeting. Commissioner Dyb seconded. The motion carried 7-0. The meeting adjourned at 10:30 p.m.

Respectfully submitted,

Gus Karpas

Zoning Coordinator