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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 Joan Budd, Dan Dyb, Ann Lawler, Jeff McKinney, Warren Nelson and Marvin TenClay.

ABSENT: None

OTHERS PRESENT: Council Liaison Nancy Middleton, Zoning Coordinator Gus Karpas

Motion by Commissioner Nelson, second by Commissioner Dyb, to approve the minutes of May 18, 2004 as submitted. Motion carried 7-0.

SUBDIVISION – Steven Buxbaum – 18401 Minnetonka Boulevard, (R-2, 40,000) request for a two lot subdivision.

Steven Buxbaum presented the request. He said the intent is to subdivide his current lot to add an additional buildable lot along Honeysuckle Road.

Commissioner McKinney said he saw no problem with the request as presented. He felt that any issues dealing with the sewer easement on the property could be dealt with at the time a building permit is requested.

Commissioner Lawler commented that the request is similar to the subdivision approved for the property in 2000. She said she is supportive of the request.

Commissioner Dyb asked why the applicant changed the shape of the lot from the earlier request. Mr. Buxbaum felt the previous lot was too large, which would lend itself to a larger home, which could be too big for the neighborhood. Dyb asked about the building pad on the lot. Mr. Buxbaum said the proposed building pad would be approximately 7000 square feet, though the intention is to place a 2700 square foot structure on it. Commissioner Dyb said he was supportive of the request.

Commissioner TenClay informed the applicant that there would be no variances granted for a structure on the proposed lot. He said the lot dimension pose challenges for development but that he was supportive of the request. Mr. Buxbaum said that he has worked closely with an engineer and architect who said the property could be developed within the requirements of the city.

Commissioner Budd questioned a discrepancy between the road frontage along Honeysuckle Road from the previous request to the one in front of the Planning Commission. She said there is approximately six feet in difference.

Commissioner Nelson said that he would prefer a different configuration, but is supportive of the request as presented.

Chairman Kask opened the Public Hearing.

Elizabeth Dunnavan, 3865 Honeysuckle Road, expressed concern about the potential of a two-story structure being built in the neighborhood, which currently contains one-story homes. She feels it would tower over the existing homes.

Zoning Coordinator Karpas read a letter into the record from a number of neighbors around the subject property outlining their concerns about a future structure on the new lot.

Hearing no further public comment, the Public Hearing was closed.

Chairman Kask explained that the city does not exercise architectural control over structures constructed in the community. He said the proposal before the Commission must be reviewed based on its compliance with the dimensional requirements of the city ordinances. He agreed with Nelson that the configuration was not the most desirable, but that he has seen worse in the city. He is supportive of the request, which he believes has met the litmus test outlined by the subdivision ordinance.

Chairman Kask asked if any thought had been given to moving the sewer line on the property. Mr. Buxbaum said there is no need at this time, since a home can be constructed which would not interfere with it.

ACTION: Motion by Commissioner Kask to recommend the City Council approve the request of Steven Buxbaum for a two-lot subdivision. The motion is conditioned that the length of the northerly line be clarified prior to presentation to the Council and that the applicant comply with the park dedication and sewer lateral fees set by the city. The proposed lots comply with the dimensional requirements of the Subdivision Ordinance and are consistent in size with adjacent lots. The city makes no representation to the buildability of the lots with the approval. Commission Nelson seconded the motion. The motion carried 7-0. Upon role call vote Commissioners Budd, Dyb, Kask, Lawler, McKinney, Nelson and TenClay voted aye. There were no nay votes.

VARIANCE– Mitchell and Eileen Shepheard – 19005 Highland Avenue, (R-3, 20,000) request for a variance to encroach sixteen feet into the required thirty-five foot front yard setback for a proposed second story addition on an existing non-conforming footprint and a request for a variance to encroach ten feet into the required thirty-five foot front yard setback to construct a new front entryway and porch addition.

Eileen Shepheard presented the request. She said they would like to construct a second floor over the existing footprint, which sits within the existing setback. She said the project would include a new front entryway and garage addition.

Commissioner Nelson said he had no problem with the requested second story and new garage addition. He said the garage would be tucked back out of sight. He commented that the house is small and the proposal was nicely done.

Commission Budd said the applicants did a good job to fit within the confines of the setback and that she is supportive of the request.

Commissioner TenClay discussed how the floor plan of the existing house tied into the proposed addition. He feels the proposal is a nice concept which had a lot of thought put into it. He thinks the request is reasonable and is in support of the proposal.

Commissioner Dyb liked the design though he has some concerns about the driveway and access to and from the side-loading garage. He feels the garage is close to the property line and would limit the ability to "swing" in and out of it. He said he is supportive of staff’s recommendation of the removal of the shed on the property.

Commissioner Lawler felt the proposal was designed well, but she shares Dyb’s concern about garage access. She suggested decreasing the depth of the garage to increase the turn-around area for vehicle.

Commissioner Lawler said the proposal would fit into the neighborhood and that it would be a great addition to the neighborhood. Ms. Shepheard commented that the location of the garage was influenced by the location of the only mature tree they have on their property.

Chairman Kask agreed that the garage could be made more shallow and commented that maybe it could be extended wider to recoup storage space. He said it is important for the applicants to consider the situation since they have only one time to get it right.

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

ACTION: Motion by Commissioner Lawler to recommend that the City Council approve the variance request to encroach sixteen feet into the required thirty-five foot front yard setback to construct the proposed second story on a non-conforming footprint and the variance request to encroach ten feet into the required thirty-five foot front yard setback to construct the proposed front entryway and porch addition. A hardship exists in the location of the existing footprint and that any structural alteration would require a variance. It was noted that the proposed expansion of the footprint would not encroach further into the required setback than the existing structure. The motion is conditioned that the existing shed on the rear of the property be removed, that the temporary structure be permanently removed, that the old foundation be removed, that the porch never be enclosed and that the concrete area on the east portion of the property be removed. Commissioner Dyb seconded the motion. The motion carried 7-0. Upon roll call vote Commissioners Budd, Dyb, Kask, Lawler, McKinney, Nelson and TenClay voted aye. There were no nay votes.

VARIANCE– Robert and Patricia Werneiwski – 3465 Deephaven Avenue, (R-3, 20,000) request for a variance to encroach twenty-five feet into the required thirty-five foot front yard setback for a proposed second story addition on an existing non-conforming footprint and a variance request to alter the roofline within the required side yard setback to tie into the proposed second story.

Bob Werneiwski presented the request. He explained the project would include constructing a new second story on a non-conforming footprint and to reconfigure the rooflines on the structure to tie into the new addition. He said that at the time of application, the thought was that a variance was needed on the Lake Louise side of the home due to the required lake setback. He said that the after speaking with the DNR and staff, Lake Louise is designated a wetland instead of a lake, therefore reducing the required setback, removing the need for a variance.

Zoning Coordinator Karpas explained that he had spoken with the DNR prior to Mr. Werneiwski applying for his variances and was given the impression that Lake Louise was classified as a lake, requiring a lake setback. After speaking with Mr. Werneiwski, he again contacted the DNR who said that Lake Louise was classified as a wetland. Because of this, the setback for the proposed garage would be thirty-five feet.

Commissioner Dyb asked about the staggering of the new garage stall. Mr. Werneiwski said it was done to minimize the impact on the lake setback and to kind of break up the structure when viewed from the street. He said that he might alter it slightly since a variance is no longer required, but that he still likes the idea of staggering it. Commissioner Dyb said he was supportive of the request.

Commissioner Nelson said he was supportive of the request since it is constructed on the existing footprint. He commented that it is not unreasonable to request a covered front entrance. He said he liked the design and felt the homeowner did a nice job in not increasing the impervious surface.

Chairman Kask asked if the proposed entryway would cover the existing sidewalk. Mr. Werneiwski said it would.

Commissioner Budd commented that she liked the design and was supportive of the request. She disclosed for the record that she was personal friends of the applicants.

Commissioner TenClay suggested that the site plan be amended to reflect the thirty-five foot setback requirement. He said the most positive aspect of the request is that the applicant built the majority of the second story in an area, which meets the required setback. He feels the request is reasonable and he is in support of it as presented.

Commissioner Lawler said it seems like a fine request. She likes the staggering of the garage and sees no problem with the proposed front overhang. She is supportive of the request.

Commissioner McKinney is supportive of the request as presented.

Chairman Kask opened the Public Hearing.

Daniel Svoboda, 3475 Deephaven Avenue, said he is in support of the request.

Zoning Coordinator Karpas told the Commissioners that he received a call from Mrs. Paul, 19100 Highland Avenue, who was supportive of the request.

Mr. Werneiwski said that Mr. and Mrs. Kaufman, 3405 Deephaven Avenue, informed him that they sent a letter in support of his request.

Hearing no further public comment, the Public Hearing was closed.

Chairman Kask said the applicant’s efforts to meet the side setback along the south property line was admirable. He was appreciative of the sensitivity shown by the applicant. He commented that the setbacks based on the property lines are deceiving since the actual location of the road within the right-of-way is much further to the west.

Chairman Kask said he was supportive of the request and that the home is a prime candidate for this type of updating.

Commissioners discussed the validity of staff recommendations to require the removal of the concrete on the front portion of the house and the removal of an existing, non-conforming shed.

ACTION: Motion by Commissioner Kask to recommend that the City Council approve the variance request to encroach twenty-four feet into the required thirty-five foot front yard setback to construct the proposed front entryway and second story on a non-conforming footprint and the variance request to alter the roofline within the required side yard setback to tie into the proposed second story. A hardship exists in the placement of the existing structure, which requires a variance for any structural alteration. Chairman Kask said it was noteworthy that the applicant made an effort to pull the second story back along the south of the structure so as to comply with the required setback. He said the proposal is consistent with what currently exists in the neighborhood. The motion is conditioned that the concrete on the front portion of the home be removed. Commissioner McKinney seconded the motion. The motion carried 7-0. Upon roll call vote Commissioners Budd, Dyb, Kask, Lawler, McKinney, Nelson and TenClay voted aye. There were no nay votes.

ORDINANCE AMENDMENT – Floodplain – Amend the Zoning Ordinance to create an ordinance to regulate the floodplain.

Zoning Coordinator Karpas said that a representative from the DNR is going to attend the next Planning Commission meeting to explain the ordinance and answer any questions the Planning Commission may have about the affect the ordinance would have on the community.

Commissioners discussed a number of issues they feel need to be addressed by the representative.

Motion by Kask to adjourn the meeting. Commissioner McKinney seconded. The motion carried 7-0. The meeting adjourned at 8:30 p.m.

Respectfully submitted,

Gus Karpas

Zoning Coordinator