DEEPHAVEN PLANNING COMMISSION
TUESDAY DECEMBER 20, 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 Walter Linder, Jeff McKinney and Bob Werneiwski
ABSENT: Commissioners Joan Budd and Warren Nelson.
OTHERS PRESENT: Councilmember Kim Crockett and Zoning Coordinator Gus Karpas
Motion by Commissioner Werneiwski, second by Commissioner McKinney, to approve the minutes of November 15, 2005 as presented. Motion carried 4-0.
VARIANCE
– Tom Burton,
Tom Burton presented the request. He said he would like to construct a third stall on an existing garage for additional storage. The proposed garage would encroach into the required east side yard setback.
Commissioner Werneiwski said he supported the request. He did not feel the requested encroachment was too severe. He asked the applicants if the neighbors supported the request. Mr. Burton said he had spoken with his neighbors and they were in support.
Chairman Dyb asked Zoning Coordinator Karpas to explain the side yard setback requirements. Mr. Karpas said that the ordinance was amended a number of years ago to reduce the side yard setback for one side yard to ten feet in the R-3 district. The reduction was conditioned on the remaining side yard complying with the fifteen-foot side yard setback. He said that the City Council has approved a variance of the fifteen-foot side yard setback when an applicant constructed a garage addition to the ten-foot threshold. He said in that case it was a matter of inches and not feet.
Commissioner Linder said he felt the applicant was seeking a rather large side yard variance. He thinks it is crowded on the east side of the property and this request, if approved, would make it worse. He does not feel the variance is warranted.
Chairman Dyb said the proposed addition is requested in the most sensible location. He is concerned about limiting the applicant’s ability to access his rear yard if the addition is built. He said it’s not uncommon for a third stall in Deephaven, especially for those properties on the lake, which tend to have greater storage needs. He is in favor of the request since he does not see a design alternative, which makes sense.
Commissioner McKinney was not supportive of the request. He feels the ordinance is firm as it pertains to reduced side yard setbacks. He believes there are design alternatives available, which would not require a setback variance, such as constructing smaller additions on either side of the existing garage.
Commissioner Werneiwski commented the
garage would block the front door of the home if constructed in that
manner. Commissioner
Chairman Dyb said he was also supportive of the request since the applicant’s lot area was below the minimum lot area of the R-3 district.
Chairman Dyb opened the public
hearing. Hearing no public comment the
hearing was closed.
ACTION: Motion by Commissioner Werneiwski to recommend that the City Council approve the variance request to construct the proposed garage addition which encroaches four feet, nine inches into the required fifteen foot side yard setback and to exceed the maximum permitted impervious surface by sixteen percent. A hardship exists in the placement of the home on the lot and that there are no design alternatives available to construct the addition without a variance.
Chairman Dyb asked that the motion be amended to show a reduction of impervious surface. The Commission discussed options with the applicant on how to reduce the impervious surface on the property. It was agreed that the applicant would remove the landscape plastic around an existing pine tree and a majority of the sidewalk, which wraps around the west side of the home. It was estimated that the total impervious surface removed would be between five and six hundred square feet. The Commission did not want to set a specific number since the exact amount was not known.
Commissioner Werneiwski accepted the
amendment to his motion that the applicant remove the landscaping plastic
around the pine tree on the east side of the property and the majority of the
sidewalk which wraps around the west side of the home. Commissioner Dyb seconded the motion. The motion did not carry due to a tie
vote. Those Commissioners in favor of
the motion were Commissioners Dyb and Werneiwski; those opposed were
Commissioners Linder and
SPECIAL
USE PERMIT –
Mark Becker presented the request. He said that the school district would like to place some awnings on the building to advertise the programs available at the location.
Commissioner Werneiwski asked about the specific locations for the awnings. Mr. Becker said he did not know for sure.
Chairman Dyb said he is not familiar with the type of proposed signage and asked if it was used at other district buildings. Mr. Becker said that most buildings use banners rather than permanent awnings.
The Commission discussed the apparent lack of information and the need to have an accurate accounting of the request.
Chairman Dyb said he was not comfortable with taking action on a request where it is unclear exactly what is being requested. He would like to table the request until the January 17th meeting.
ACTION: Motion by Commissioner Dyb to table the special use request by Minnetonka Public Schools to the January 17th meeting. Commissioner Werneiwski seconded the motion. The motion carried 4-0.
Chairman Dyb explained that the Planning Commission needs to fill the vacancy caused by the resignation of Commissioner Carlson. He noted that the Commissioners were given a stack of resident interest forms of those interested in serving on the Commission. He said Commissioners might want to review the forms and select their top three to interview. It was noted that a number of the applications were a few years old.
Council Liaison Crockett said she recognizes some applications from people who are either on another city board/commission or who are no longer residents. She asked if the applicants had been contacted to verify their interest. Zoning Coordinator Karpas said it would be difficult trying to contact all of the applicants due to the sheer numbers involved.
The Commission reviewed each application removing those known to already be in a city position and those who have moved from the city. The remaining applications were reviewed and narrowed to eight potential candidates, selected based on their past experiences and the knowledge they could bring to the Commission.
Staff will contact the selected applicants and confirm their interest. Karpas will consult with the Chairman the next step. He feels that if all eight are interested, the Commission should discuss which should be interviewed at the January meeting. If a lower number are still interested, the Commission may want to invite them to the January meeting to be interviewed.
Councilmember Crockett discussed items addressed by the City Council. She said that the variance request from Mark Rose and the home occupation request by Steve Erickson were both approved.
She noted that Mr. Erickson would have to come before the Council on an annual basis to reassess his business and its compatibility with the surrounding neighborhood. She said that some weight was given to the fact the city had no objections from the neighborhood, but noted that doesn’t mean there aren’t neighbors with concerns. She said in most cases, neighbors try to get along and don’t want to create waves.
Councilmember Crockett discussed the difficulties the Council is having with the maintenance of some properties in the city. She noted two homes in particular, which are constant sources of concern with their surrounding neighborhoods. She discussed the notion of a housing code that could address some of the major issues. More specifically, she supports a rental housing code, which would allow the city the opportunity to verify the conditions prevalent in the rental housing stock.
Commissioner McKinney said the city has to be careful on adopting ordinances to deal with a few specific issues because they apply to all properties. Councilmember Crockett agreed, but said, to those living near one of these properties, their condition is an issue.
ADJOURNMENT
Motion by Dyb to adjourn the meeting. Commissioner McKinney seconded. The motion carried 4-0. The meeting adjourned at 8:25 p.m.
Respectfully submitted,
Gus Karpas
Zoning Coordinator