Deephaven Planning Commission

Tuesday February 15, 2005

7:00 PM

Page 1

CALL TO ORDER: Chairman Dan Dyb called the meeting to order at 7:00 p.m.

PRESENT: Chairman Dan Dyb, Commissioners Joan Budd, Kent Carlson, Jeff McKinney, Warren Nelson, Marvin TenClay and Bob Werneiwski.

ABSENT: None

OTHERS PRESENT: Council Liaison Paul Skrede and Zoning Coordinator Gus Karpas

MINUTES OF January 18, 2005

Motion by Commissioner McKinney, second by Commissioner TenClay, to approve the minutes of January 18, 2005 as presented. Motion carried 6-0-1. Commissioner Budd abstained.

ORDINANCE AMENDMENT – Recommendation to the City Council on an ordinance amendment Section 1310.02(3) to include pet grooming as a special use in the C-1 Commercial District.

Zoning Coordinator Karpas gave an overview of the proposed ordinance. He explained the proposed ordinance would allow pet grooming as a special use, provided there were no overnight boarding of animals.

Chairman Dyb opened the public hearing. Hearing no public comment, the public hearing was closed. He asked for Commissioner comments.

Commissioner McKinney supported the change. He felt the proposed use would be a good fit in the commercial district.

Commissioner Budd had no objections to the amendment and feels the proposed use falls within the parameters of the ordinances original intent.

Commissioners Nelson, TenClay and Werneiwski supported the amendment.

Commissioner Carlson clarified that there would be a review process for the proposed use. Staff indicated that any future grooming businesses must receive a special use permit. Carlson supported the amendment.

Chairman Dyb supported the amendment and commented that it made sense.

ACTION: Motion by Commissioner Dyb to recommend that the City Council approve the proposed ordinance amendment which would include pet grooming as a special use in the C-1 Commercial District. Commissioner Nelson seconded the motion. The motion carried 7-0. Upon roll call vote Commissioners Budd, Carlson, Dyb, McKinney, Nelson, TenClay and Werneiwski voted aye. There were no nay votes.

SPECIAL USE REQUEST: Lisa Collodora – 18104 Minnetonka Boulevard, (C-1, 10,000) Request for a special use permit to operate a pet grooming business in the C-1 Commercial District.

Lisa Collodora presented the request. She explained that her business has been located in Minnetonka for the past seven years and that the building she currently leases is scheduled to be demolished later this year. She said that she primarily works alone which limits the amount of animals on the site, typically no more than six to ten dogs are groomed in a given day. She said she has had no complaints about noise and is very conscious about cleaning up any “accidents” that happen inside and outside her shop. She proposes a four foot by two foot, non-illuminated sign on the building.

Chairman Dyb opened the public hearing. Hearing no public comment, the public hearing was closed. He asked for Commissioner comments.

Commissioners Werneiwski, TenClay and Nelson supported the request.

Commissioner Carlson supported the application. He asked about the average length of stay for a dog and whether they were taken for walks. Ms. Collodora said that the maximum an animal would stay is approximately three hours and that they were kept in the building from the time they were dropped off until they are picked up.

Commissioner Budd asked if the animals were kept in kennels. Ms. Collodora said they were. Budd verified that the sign would be placed on the building. Ms. Collodora said the sign would be on the building with no additional signage by the street. Commissioner Budd supported the request.

Commissioner McKinney said he supported the request.

Chairman Dyb commented that he heard support for the request and said that he also supported it. He suggested that the applicant place plastic bag dispenser outside the building to help keep the area clean.

ACTION: Motion by Commissioner Dyb to recommend that the City Council approve the special use request to operate a pet grooming business in the C-1 Commercial District. The proposed use is consistent with the city ordinance and compatible with surrounding commercial use. Commissioner TenClay seconded the motion. The motion carried 7-0. Upon roll call vote Commissioners Budd, Carlson, Dyb, McKinney, Nelson, TenClay and Werneiwski voted aye. There were no nay votes.

VARIANCE: Judd and Tracy Olson – 19940 Cottagewood Road, (R-2, 40,000) Request for a variance to build an addition over an existing non-conforming garage within the required side and lake yard setbacks and to construct a front entryway addition within the required front yard setback. The requested variance is for seventeen feet of the required fifty foot front yard setback, six feet of the required twenty-five foot side yard setback and fifteen feet of the required one hundred foot lake yard setback for the proposed addition over the garage and a variance of twenty-five feet of the required fifty foot front yard setback for the proposed front entryway addition.

Judd Olson presented the request. He explained that he would like to construct an addition over the existing garage and add a new front entryway.

Chairman Dyb opened the public hearing.

Mark Klesk, 19930 Cottagewood Road, supports the request and appreciates the applicant’s willingness to enhance the aesthetics of the neighborhood.

Hearing no further public comment, Chairman Dyb closed the public hearing and asked for Commissioner comments.

Commissioner McKinney is supportive of the request since the majority of the request is not encroaching further into the setbacks.

Commissioner Budd commented that the only change to the setbacks would be on the front entryway. She was confused by the exact extent of the proposed overhangs but would be supportive of the request with a condition limiting the maximum extent the front entryway may extend from the foundation of the home, regardless of the depth of the overhang.

Commissioner Carlson supports the request. He said he likes the changes and agrees with Budd that a limitation be placed on the extent of the front entryway.

Commissioner Nelson supported the request. He asked about the deck on the rear of the home. Mr. Olson said a portion of the deck would be removed to lessen the impervious surface area.

Commissioner TenClay said he would like clarification on the plans because the deck is not accurately portrayed. He is reluctant to support the entryway request without a condition limiting the total depth from the foundation because the plan is unclear on the exact extent of the existing and proposed overhangs.

Commissioner Werneiwski said he was supportive of the plan as submitted.

Chairman Dyb said he was supportive of the request. He feels the lot area and the lake setback create a practical difficulty. He recommends that the applicant verify the accuracy of the application material prior to the City Council meeting.

ACTION: Motion by Commissioner Dyb to recommend that the City Council approve the variance request to alter a non-conforming structure through the addition of a second story which encroaches seventeen feet into the required front yard setback, six feet into the required side yard setback and fifteen feet into the required lake yard setback and the request to encroach twenty-five feet into the required front yard setback for the proposed front entryway. A practical difficulty exists in lot area, which is half of the minimum required and the required lake setback. The motion is conditioned that roof of the proposed entryway not extend any further than eight feet from the foundation and that the entryway remain open. Commissioner McKinney seconded the motion. The motion carried 7-0. Upon roll call vote Commissioners Budd, Carlson, Dyb, McKinney, Nelson, TenClay and Werneiwski voted aye. There were no nay votes.

OTHER BUSINESS

Commissioners discussed the upcoming expiration of terms for Commissioners Carlson, TenClay and Werneiwski. Each would like to serve another three year term and will submit a letter of interest to the City Council.

Brian Larson, 18920 Park Avenue, introduced himself to the Commission and said he was interested in serving on the Commission and wanted to come and observe a meeting. He complimented the Commission on their manner and said the group meshed well.

ADJOURNMENT

Motion by Dyb to adjourn the meeting. Commissioner McKinney seconded. The motion carried 7-0. The meeting adjourned at 7:45 p.m.

Respectfully submitted,

Gus Karpas

Zoning Coordinator