DEEPHAVEN PLANNING COMMISSION
TUESDAY NOVEMBER 15, 2005
7:00 P.M.
Page 1
CALL TO ORDER: Chairman Dyb called the meeting to order at 7:00 p.m.
PRESENT: Chairman Dan Dyb, Commissioners Joan Budd, Walter Linder, Jeff McKinney, Warren Nelson and Bob Werneiwski
ABSENT: None.
OTHERS PRESENT: Councilmember Kim Crockett and Zoning Coordinator Gus Karpas
Motion by Commissioner Nelson, second by Commissioner Werneiwski, to approve the minutes of October 18, 2005 as presented. Motion carried 6-0.
VARIANCE
–
Mark Rose presented the request. He would like to replace the flat roof due to damage standing water has done to the structure. He explained that water filtrates down, inside the siding and has caused structural damage due to freeze/thaw during winter. He feels the request would be in keeping of the character of the community and would not be obtrusive to adjoining properties or the street. He also raised a concern about access to the existing flat roof and said by changing ta pitched roof, it would help keep unwanted children from accessing his roof.
Chairman Dyb opened the public hearing.
Mike Herbst,
Hearing no further public comment the hearing was closed.
Commissioner McKinney asked if the
pitch would match that of the existing home.
Mr. Rose said it would and that the new siding would also match the
house.
Commissioner Budd understood the reason for the request and feels it’s a good idea.
Commissioner Nelson asked how the applicant intended to stabilize the existing structure. Mr. Rose said the existing block work would be reinforced with steel rebar being placed in the core of the blocks and filling with cement and grout and that a number of the studs would be replaced.
Commissioner Nelson asked about landscaping. Mr. Rose said he has placed some limetson retaining blocks to hold back the existing hill and that he intends to dig behind the garage and place another wall to reduce the pressure on the garage wall. Nelson was supportive of the request and felt it was a nice improvement.
Chairman Dyb was supportive of the request and felt it is important to preserve landmark structures like this. He asked what the applicant intended to use the garage for. Mr. Rose said he would park a car in it during the winter months due to the grade of his driveway and store bikes and other recreational equipment in it during the summer.
Chairman Dyb noted the structure currently has electricity and asked if the applicant intended to place any exterior lighting on the structure. Mr. Rose said the design includes a copper colored onion light, which matches the lights on the attached garage.
Commissioner Linder supports the request but asked about the extent of the variance as it pertains to the overhangs. Commissioner McKinney said that typically the setback is measured from the sidewall of the structure with some leniency given to overhangs as long as they are less than thirty inches.
Commissioner Werneiwski likes the design and is supportive of the request.
ACTION: Motion by Commissioner Nelson to recommend that the City Council approve the variance request for the alteration of the roof on a non-conforming structure which encroaches twenty-nine feet into the required thirty-five foot front yard setback. A hardship exists in that the repair is necessary to protect the structure from the elements and the structure is in need of repair. Commissioner Dyb seconded the motion. The motion carried 6-0.
HOME
OCCUPATION PERMIT – Steve Erickson,
Steve Erickson presented the
request. He said the request was to
operate a business in his home. He
explained that there are six total employees as part of his business including
his partner located in
Mr. Erickson distributed photos of the property, a landscaping plan and signed letters from the adjacent neighbors.
Mr. Erickson said the business has operated from the site for thirteen years without any issues or complaints from adjacent property owners.
He noted that Section 1306.04 outlines seventeen requirements for home occupations and that his business complies with all seventeen. He said that if he combined all the time his employees actually spent on site, he would have less than two full time employees other than himself.
Commissioner Werneiwski confirmed there was only one other person other than Mr. Erickson on site full time. Mr. Erickson said he has a full time employee on site to answer phones and serve as a nanny. He said he only spends about two days a week on site. He said that the company is currently training a new employee which requires more time on site for about a year, but after that, they do their work off site.
Chairman Dyb asked about the office space. Mr. Erickson said there is a separate entryway for the office space located under the screened porch on the front of the home. He said there is room for about five people in the actual space and that there is a restroom dedicated for office use only. He explained that the area serves as the central system for the business with all phone lines and email going through the site.
Chairman Dyb opened the public hearing. Hearing no public comment the hearing was closed.
Commissioner Werneiwski said he had no concerns about the request. He said the history of no complaints raised by the neighbors speaks for itself. He doesn’t foresee future issues.
Zoning Coordinator Karpas explained that this permit is reviewed annually and that the ordinance has a provision permitting the Council to review the permit at any time if unforeseen issues arise.
Commissioner Linder said that his only question was going to be how to address future issues. He feels comfortable with the request knowing the permit could be reviewed to address concerns. He noted there doesn’t seem to be any issues with the property, even during peak uses.
Chairman Dyb is supportive of the request as presented. He feels the applicant has demonstrated the ability and willingness to work with the community through talking with his neighbors about his business. He asked about the company’s growth plan. Mr. Erickson said his intention is not to grow the company, especially on site. He does intend to hire new employees, but not to serve on site.
Commissioner Nelson commented that he lives down the road from the subject property and has never noticed any issues. He doesn’t have any problems with the request.
Commissioner Budd questioned how the business came to the attention of the city. Mr. Erickson said he tried to contact Councilmember Crockett on an unrelated issue and that when she called back she got the company directory, which lists all employees, even though they are not located on site.
Zoning Coordinator Karpas explained that the city has been aware of Mr. Erickson’s business for a number of years, including prior to the adoption of the home occupation ordinance. He said at the time the ordinance was adopted, Mr. Erickson’s business was in compliance with a permitted home occupation under the regulations of the ordinance.
He said that he and the City Administrator met with Mr. Erickson to discuss the nature of the business and determined that business had grown to a point where a home occupation permit was needed.
Council Liaison Crockett noted that there had also been large numbers of vehicles on the property, which raised red flags.
Commissioner Nelson noted that there is ample on site parking to handle all parking needs without having vehicle spilling out into the street.
Commissioner Budd asked about the intent of the ordinance in its limitation of two non-resident employees. Zoning Coordinator Karpas said when the ordinance was drafted; businesses like Mr. Erickson’s were not anticipated. The number of employees was limited to prevent a residential structure being used in a way that took away from the residential nature of the neighborhood. He said the only way a business could exceed two non-resident employees would be with a variance and at that time, the city could decide that based on the nature of the specific business, it may be time to find commercial space.
Commissioner Budd said she had no problem with the request. Commissioner McKinney also supported the request.
ACTION: Motion by Commissioner Dyb to recommend that
the City Council approve the home occupation permit to operate a business at
Councilmember Crockett discussed items addressed by the City Council. She said that Council approved the request by the Aherns for a carport with the Planning Commission conditions that the impervious surface be kept at the exiting percentage and that the carport not be enclosed.
She there was a long discussion on the request by the Kuzara’s for a swimming pool, which was eventually approved on a 3-2 vote, with Councilmembers Kask and Skrede voting against it. She said the decision was difficult because it involved the subjective use of the property and questioned a property owner’s right to a reasonable use of the property. In the end a majority of the Council felt there was no negative impact on the adjoining property which would prohibit the requested use. The approval was conditioned that the impervious surface area not exceed thirty percent.
The request by John Adams was approved by a 4-1 vote.
The Council approved the Bosclair request to exceed the maximum permitted accessory structure size and voted to deny the request to use city park land to access the property.
Finally, the Council approved the ordinance regulating the placement of wireless communication towers. She noted that the Council did not accept the recommendation of the Planning Commission that private property be included as potential sites. She said the Council was concerned about control and its ability to regulate items such as removal of abandoned towers. The Council also removed the escrow language and regulation of dish antennas.
Chairman Dyb briefly discussed the vacancy created by Commissioner Carlson’s resignation. He would like the Commission to review the list of potential candidates to fill the vacancy and felt it would be good to put a notice in the next newsletter to refresh the pool of candidates.
ADJOURNMENT
Motion by Dyb to adjourn the meeting. Commissioner McKinney seconded. The motion carried 6-0. The meeting adjourned at 8:10 p.m.
Respectfully submitted,
Gus Karpas
Zoning Coordinator