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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, Warren Nelson and Marvin TenClay.

ABSENT: Commissioners Anne Lawler and Jeff McKinney.

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

Motion by Commissioner Kask, second by Commissioner Dyb, to approve the minutes of July 20, 2004 as amended. Motion carried 4-0-1. Commissioner TenClay did not act on the motion since he was not in attendance at the July meeting.

VARIANCE– Mark Klesk – 19900 Cottagewood Road, (R-2, 40,000) request for variances to encroach ten feet into the required front yard setback, a request to encroach sixty feet into the required side (lake) yard setback and a request to encroach forty-two feet into the required lake yard setback to construct a new single family home.

The applicant is requesting variance to encroach sixty feet into the required lake yard setback to construct a new swimming pool.

Mark Klesk presented the request. He said he had amended his plan from what was before the Commission in July. He said the proposal requires a variance of the required front yard and lake yard setbacks and that there was no longer a need for a side yard variance and a variance to exceed the maximum impervious surface. He said the proposed structure is the same style that currently exists on the property, just a little larger.

Chairman Kask asked about the error in the survey previously presented. Mr. Klesk said the survey did not include fourteen feet of width, which removed the need for a variance on the east side yard and the impervious surface.

Commissioner Nelson said he liked the plan for the home, but was unsure about the proposed pool.

Chairman Kask commented that even though this is a lake lot, the shoreline on the property might not be conducive for swimming.

Commissioner TenClay pointed out that the proposed structure would have the same setback from the street as what currently exists. He said that even though the structure is pushed closer to the lake, it would not be noticeable due to the large expanse of cattails. He said he was supportive of the request for the home, but would reserve his judgement on the pool.

Commissioner Dyb supports the request for the home and commented that the applicant has worked to reduce the number of variances. He is concerned there is not hardship for the proposed pool and does not want to set a precedent by approving it.

Mr. Klesk said he understands the need for a hardship, but he feels a practical difficulty exists in the condition of the water, which includes goose feces, due to their attraction to the cattails. He said the proposed pool would not be visible from either the street or the lake.

Commission Budd agreed with the comments of the other Commissioners and feels the applicant has done a great job in the modification of the plan.

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

Chairman Kask observed that the applicant has followed the expectations of the Planning Commission as they relate to the side yard setbacks. He commented that the application of the required setbacks create an undue hardship. Kask commented that pools have been viewed critically in the past when they required a variance. He feels the applicant has made an important point in that the pool is not visible since it is located in a secluded portion of the property. He asked if the applicant has made plans to provide screening above what currently exists.

Mr. Klesk said the area is pretty private as is, but that he had planned on planting addition aborvite along the eastern portion of the property.

Commissioner TenClay asked if the representation of the pool on the survey included the apron. He asked about the potential of a retaining wall to level out the area for the pool. He feels the addition of the wall with change the dimensions as viewed from the lake.

Commissioner Dyb said the pool should be viewed as an accessory structure required to meet the setbacks.

Commissioner Nelson doesn’t want to see the apron extend closer to the lake and understands the applicant’s argument that his is one of the only lakeshore properties in which the lakeshore cannot be used for swimming purposes.

Chairman Kask said he feels an argument for a practical difficulty could be made for the pool.

ACTION: Motion by Commissioner Kask to recommend that the City Council approve the variance request to encroach ten feet into the required front yard setback, the request to encroach sixty feet into the required lakeside, side yard setback and the request to encroach forty-two feet into the required lake yard setback to construct the proposed single family structure. A hardship exists in the configuration of the lot and the contour of the shoreline. The applicant’s request does not encroach any closer to the road than the existing structure and the contour of the lakeshore requires a more restrictive setback on the west property line. The request is reasonable and consistent with the existing neighborhood and it was noted that the property contains an expanse of cattails giving the illusion of a greater setback. Commissioner Nelson seconded the motion. The motion carried 5-0. Upon roll call vote Commissioners Budd, Dyb, Kask, Nelson and TenClay voted aye. There were no nay votes.

ACTION: Motion by Commissioner Dyb to recommend that the City Council deny the variance request to encroach seventy feet into the required lake yard setback for the proposed pool. The applicant has not demonstrated an undue hardship preventing the reasonable use of the property. The motion died for the lack of a second.

ACTION: Motion by Commissioner Nelson to recommend that the City Council approve the variance request to encroach seventy feet into the required lake yard setback to construct the proposed swimming pool. A practical difficulty exists in the inability to use the shoreline due to the expanse of cattails, which is a unique situation, not common on most lakeshore lots. The motion is conditioned that no portion of the pool, including any apron, fencing or retaining wall, may be placed any closer than 30.6 feet from the lake. Commissioner TenClay seconded the motion. The motion carried 4-1. Upon roll call vote Commissioners Budd, Kask, Nelson and TenClay voted aye. Commissioner Dyb voted nay.

FINAL DESIGN REVIEW – DEEPHAVEN COVE – Steven Scott Development, 3660 County Road 101, final review of a proposed twenty-eight unit townhouse development. The review will include a discussion of the annexation of the property from the City of Minnetonka, the proposed subdivision of the property, a review of the site plan, proposed elevations of the structures and a review of the application and its conformity to the Planned Unit Development standards.

Dean Dobolis, DJR Architects, presented the request. He said he would give an overview of the changes made to the project since it was last before the Planning Commission. He said there had been four major changes. He said the first was in the alignment of the buildings, which have been re-arranged to permit access to the west end of the property for maintenance of utilities located in that area.

Another change was made to alter the rear facades of the structures. He said that gables have been added to match the front of the structures and that the window wells have been removed from the lookout units.

Mr. Dobolis said there have been adjustments in the level of fill on the property. He said there would be less fill on the west side of the property. He said this was due to the reduction in the height of the structures, which averaged between two and five feet. He said that this requires an increase in height of the retaining walls on the north side. Commissioner Dyb asked how that affected the sight lines on the north side. Mr. Dobolis said that less structure would be visible.

Commissioner Nelson asked about drainage. Mr. Dobolis said the change is fill levels still permitted drainage to flow to the retention ponds on the southeast portion of the property. He explained that there would be a temporary pond in place until the City of Minnetonka made upgrades to the wetland culvert system, and the most southeasterly building would no be built until the drainage system was completed and the temporary pond removed. He said this would take place in about a year.

Mr. Dobolis said the final change was in the number of visitor parking spaces. He said they have been reduced from fifteen to thirteen. This was done in part to provide the access on the west side of the property. Chairman Kask said he didn’t see the reduction in spaces as a big issue and asked why the parking area on the southeast side could not be expanded to accommodate more vehicles. Mr. Dobolis said they were limited by Minnetonka’s desire for greenspace.

Chairman Kask asked it there were sidewalks planned for the development and about the width of the driveway. Mr. Dobolis said there were no sidewalks planned and that the width of the road would provide ample space for vehicular and pedestrian traffic. He said the driveway width was eighteen feet at County Road 101 and widened to twenty-four feet throughout the development.

Chairman Kask asked about the depth of the proposed retention pond. Mark Gronberg, Gronberg and Associates, said the temporary pond would have a depth of twelve to fourteen feet and that the permanent pond would have a depth of nine feet.

Chairman Kask asked about the retaining walls on the north side of the property. Mr. Dobolis said that even though the height was increased in some areas, the walls would still be terraced. He said the majority of the walls on the south side have been removed and that the greatest increase in height on the north side takes place where the wall is the lowest.

Commissioner Dyb asked about the letter supplied by neighbors and how their concerns about screening would be addressed. Mr. Dobolis said they have been working with the neighbors and intend to meet with them towards the end of the month to try to reach some consensus on screening.

Chairman Kask opened the Public Hearing.

Tom Hoben, 17775 Jericho Road, said that he welcomes the opportunity for a reasonable screening plan with the developer. He said he is optimistic that an agreement could be reached. Mr. Hoben expressed concern about the safety of the retaining wall system. He feels the idea of transferring the property from the current use to a residential use is a good move on the part of the city.

Chairman Kask asked Mr. Hoben what his perception of the neighborhood’s reaction is to the project. Mr. Hoben said, of the comments he has heard there are concerns about the amount of the hill to be removed along with the loss of trees. He said that most feel the proposed use is better than what exists.

Chairman Kask commented that he noticed the species of trees on the property are typically associated with land that has gone through major disturbance. He said he feels strongly that there is an effort to plant trees to provide a buffer between the applicant’s property and the adjoining neighborhood.

Mr. Hoben asked about the height of the retaining walls and where the highest point would be located. Mr. Dobolis said the highest point is near the center of the property. He said the height would range between twelve and fourteen feet, but they would be terraced.

Dari Murphy, 17771 Stonecroft Lane, asked about the excavation behind the walls. Mr. Dobolis said that excavation for the required tiebacks are equal to the height of the wall. He said there might need to be additional excavation to remove construction material currently located on the property.

Mr. Hoben asked how the excavation would affect the trees. Mr. Dobolis said that some trees might need to be removed due to the soil conditions. He has observed a great deal of debris on the property, which is not conducive to tree growth.

Scott Bader, Steven Scott Development, said they have a landscape plan included with the request and even though they are willing to work with the neighbors to bolster the plan, they did not want to have to start over.

Hearing no further public comment, Chairman Kask closed the public hearing and asked for Commissioners’ comments.

Commissioner Nelson said he didn’t see any big issues with the proposal. He feels the Developers will do their best to keep as many trees as possible. He said trees not only create a buffer, but also add value. He likes that the west side has become more accessible.

Commissioner TenClay feels the Developers have done a good job incorporating the comments from the city into their final plan. He said his main concern has always been drainage on the property, which seems to be solved at this point.

Commission Dyb feels the Developers have done an excellent job of listening to the Planning Commission and neighbors. He feels the request has met the requirements of the Planned Unit Development ordinance. He understands there are still concerns about screening and hopes the Developer continues to work with the neighborhood.

Commissioner Budd said the Developer has done a nice job with the project and appreciates the efforts made to provide access to the utility easement on the west side of the property. She agrees that the Developer still needs to work with the neighbors to address their screening concerns.

Chairman Kask said his only concern is that there have not been any accommodations made for children which may live on site. Otherwise the Developers have done a good job in their proposal for a piece of property which has been a challenge for the city. He feels the proposal is a great opportunity to transition the property from its current use to a residential use.

ACTION: Commissioner Kask made a motion to recommend the City Council approve the final design for Deephaven Cove according to the site plan as presented. The motion includes the approval of the annexation agreement, the platting of the property and the requested thirteen-foot variance for the northeastern most structure. Commissioner Dyb seconded the motion. The motion carried 5-0. Upon roll call vote Commissioners Budd, Dyb, Kask, Nelson and TenClay voted aye. There were no nay votes.

ORDINANCE AMENDMENT – Driveway – Recommendation to the City Council on an ordinance to require a setback for residential driveways.

Zoning Coordinator Karpas explained that the Planning Commission had previously supported the ordinance and that no action was taken by the City Council, due to some concerns about limiting architectural design.

Chairman Kask said that most properties where the driveway can’t meet a minimum setback already come before the Commission with other variances. He said he is concerned about those larger lots, which have driveways right along the property line, even though they could be located elsewhere.

Zoning Coordinator Karpas said there may be some problems issuing a variance for a driveway only request since a structure can always be altered to allow a driveway to be placed meeting the setback.

Chairman Kask said there is a need for maintenance and expressed concern about the run-off caused by placing a driveway on the lot line.

Commissioners Dyb and Nelson discussed a setback requirement, which would vary, based on the Zoning District a property was located in.

Zoning Coordinator Karpas said a uniform setback throughout all districts would be easier to enforce.

Commissioner TenClay felt that a five-foot setback requirement is not too extreme.

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

ACTION: Motion by Commissioner Kask to recommend that the City Council approve the proposed driveway ordinance and ask that they require a five foot setback for driveways in all zoning districts. Commissioner TenClay seconded the motion. The motion carried 5-0. Upon roll call vote Commissioners Budd, Dyb, Kask, Nelson and TenClay voted aye. There were no nay votes.

ORDINANCE AMENDMENT – Wetland Ordinance – Recommendation to the City Council on an ordinance to create a definition for lot area and include it in the existing wetland ordinance.

Zoning Coordinator Karpas said the proposed changes in the ordinance would help clarify an issue, which was raised by a recent subdivision request. He said the first ordinance would create a definition of "lot area", clarifying that it would only include that area above the Ordinary High Water Level (OHWL) for the calculation of lot area and impervious surface.

Karpas said the second ordinance amendment would place the term "lot area" in the platting portion of the ordinance which permits the inclusion of fifty percent of the wetland area for lot area and impervious surface calculations. He said by placing the term lot area in this section, only those wetlands above the OHWL could be used in the fifty percent calculation.

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

The Commission held a lengthy conversation about the confusing nature of the ordinance permitting the inclusion of wetlands in lot area calculations. Commissioners understood what the proposed ordinance changes were trying to accomplish and were supportive.

ACTION: Motion by Commissioner Kask to recommend that the City Council approve the proposed definition of lot area and the changes to the platting/wetland ordinance. The proposed changes will help clarify areas that can be used in calculating the square footage used in lot size and impervious surface. Commissioner Dyb seconded the motion. The motion carried 5-0. Upon roll call vote Commissioners Budd, Dyb, Kask, Nelson and TenClay voted aye. There were no nay votes.

DISCUSSION – Impervious Surface – Discuss the application of impervious surface standards on all properties within the city.

Zoning Coordinator Karpas said the Council has discussed the idea of applying impervious surface standards to all properties in the city, not just those located in the Shoreland District.

Council Liaison Middleton explained there are a lot of areas with drainage problems, many located outside the designated Shoreland District. She said people tend to develop their properties with little concern about the run-off impact on their neighbor’s property.

Commissioner Dyb asked if there was any way to get an idea of the extent of hardcover on lots outside the Shoreland District. Karpas said there was not and that impervious surface calculations were not required on surveys outside the regulated area.

Commissioner Nelson said that many people don’t make a conscious effort to control the drainage when they develop their property.

Chairman Kask said he supported the application of impervious surface standards city wide, but felt the percentage should be greater than that permitted in the Shoreland District and should not be any less than thirty percent. Commissioners agreed.

Zoning Coordinator Karpas asked how the Planning Commission would like to address those properties, which exceed thirty percent. He said it could be done either through the variance process or as a special use permit.

Chairman Kask felt requests could initially be handled as special use requests.

ACTION: Motion by Commissioner Dyb to recommend that the City Council direct staff to draft an ordinance regulating impervious surface standards outside the designated Shoreland District with a maximum permitted impervious surface of thirty percent and that all requests to exceed that percentage be reviewed using the special use permit procedures. Commissioner Kask seconded the motion. The motion carried 5-0. Upon roll call vote Commissioners Budd, Dyb, Kask, Nelson and TenClay voted aye. There were no nay votes.

Zoning Coordinator Karpas told Commissioners that Anne Lawler had accepted a job in Boise, Idaho and would be leaving in the coming weeks. He said the Commission could recommend the appointment of an individual previously interviewed or they could review the list of potential applicants to select those to interview.

Commissioners requested that a list of potential candidates be provided to them so they could select individuals to interview.

Motion by Kask to adjourn the meeting. Commissioner Dyb seconded. The motion carried 5-0. The meeting adjourned at 9:15 p.m.

Respectfully submitted,

Gus Karpas

Zoning Coordinator