Deephaven Planning Commission

Tuesday April 21, 2005

7:00 PM

Page 1

 

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

 

PRESENT:       Chairman Warren Nelson, Commissioners Kent Carlson, Jeff McKinney and Marvin TenClay.

 

ABSENT:        Commissioners Joan Budd, Dan Dyb and Bob Werneiwski.

 

OTHERS PRESENT:   Council Liaison Kim Crockett and Zoning Coordinator Gus Karpas

 

MINUTES OF March 15, 2005

Motion by Commissioner Carlson, second by Commissioner McKinney, to approve the minutes of March 15, 2005 as presented.  Motion carried 4-0.

 

SUBDIVISION/VARIANCE: Thomas Gagner, 18724 Ridgewood Road, request to subdivide an existing outlot located in the City of Deephaven as part of an overall subdivision of property, mostly located in the City of Minnetonka.  The portion lying in Deephaven does not and will not meet the minimum required lot area in the R-2 District.

 

Thomas Gagner presented the request.  He said the request is to subdivide his property that lies mostly in Minnetonka.  He said he is aware of the proposed restrictions for the property and agrees with them.

 

Chairman Nelson opened the public hearing.

 

Mark Harrison, 4325 Wyndhill Circle, said that he recognizes the applicant’s right to develop his property but wanted to make sure that it is done in a way which is good for the neighborhood.  He feels the city should create a conservation district on the Deephaven portion of the property, which would restrict the removal of trees.  He also wanted clarification on who enforces violations of the restrictions.

 

Zoning Coordinator Karpas said that a provision could be added to the restriction limiting the cutting of trees to normal pruning.  He said enforcement of such a provision would be done by the City of Deephaven and that if there were violations, the neighborhood should contact the city right away.

 

Hearing no further public comment, the public hearing was closed.  Chairman Nelson asked for Commissioner comments.

 

Commissioner McKinney had no problems with the request.  He felt the forty-foot setback required by the City of Minnetonka off the west property line was more than sufficient to protect the adjacent neighbors.

 

Commissioner Carlson supported the request and commented that the applicant has done a lot of work with the neighbors to ease their concerns.

 

Commissioner TenClay asked about the history of the property.  He said his only concern about creating a conservation district is that it isn’t backed by language in the ordinance.  He does support the inclusion of a provision limiting the removal of trees on the Deephaven portion of the property.

 

Chairman Nelson also supported the request and the additional restriction on tree removal.

 

ACTION:  Motion by Commissioner Nelson to recommend that the City Council approve the subdivision request and the variance request of thirty-four thousand, nine hundred and seventy eight square feet of lot area for Lot 1 and the variance request of thirty-two thousand, thirty-eight square feet of lot are for Lot 2, in accordance with the recommendations set forth by staff.  The motion is conditioned on a provision being added to the restrictions and covenants limiting tree removal on the Deephaven portion of the property.  Commissioner TenClay seconded the motion.  The motion carried 4-0.  Upon roll call vote Commissioners Carlson, McKinney, Nelson and TenClay voted aye.  There were no nay votes.

 

VARIANCE: Deephaven Elementary School, 4452 Vinehill Road, request to reconfigure the existing playground and expand the parking area which will exceed the maximum permitted impervious surface area.  The requested variance is to exceed the maximum permitted impervious area of 25% by approximately 8.7%.

 

There was no one present for the request.

 

ACTION:  Motion by Commissioner Nelson that the request be continued to the May 17th Planning Commission meeting.  Commissioner McKinney seconded the motion.  The motion carried 4-0.

 

SPECIAL USE PERMIT: Stonehouse Design, 18318 Minnetonka Boulevard, (C-1, 10,000), request to construct a new gable roof front entryway on a structure in the C-1 Commercial District.  The proposed addition will comply with all required setbacks in the zoning district.

 

Mark Hoiseth presented the request.  He said the plan would add a covered entryway, which will provide a protected entry and add some architectural interest to the building.

 

Chairman Nelson opened the public hearing, hearing no public comment the hearing was closed.  Nelson asked for Commissioner comments.

 

All Commissioners supported the request and felt it would be a great architectural addition to a building with a flat front.  Chairman Nelson asked if the sign shown in the plan would be lit.  Mr. Hoiseth said there would be a light in the gable of the entryway but nothing specific for the sign.

 

ACTION:  Motion by Commissioner Nelson to recommend that the City Council approve the special use request to alter a commercial structure through the addition of an open air, gabled front entryway.  The proposed addition complies with all the required setbacks in the C-1 district and the request adds some architectural style to a flat front building.  Commissioner Carlson seconded the motion.  The motion carried 4-0.  Upon roll call vote Commissioners Carlson, McKinney, Nelson and TenClay voted aye.  There were no nay votes.

 

VARIANCE: Dan and Marta Snow, 20355 Summerville Road, (R-3, 20,000) request to build an addition over an existing non-conforming structure within the required side yard setback.  The requested variance is for five feet, eight inches of the required fifteen-foot side yard setback for the proposed addition.

 

Marta Snow presented the request.  She said the request would add a partial second story that would match the existing character of the home.  The addition would be entirely over an existing non-conforming structure.

 

Chairman Nelson opened the public hearing, hearing no public comment the hearing was closed.  Nelson asked for Commissioner comments.

 

Commissioner TenClay asked about the length of the proposed eaves.  Ms. Snow said they would be sixteen inches, which is necessary to move the water away from the foundation.  TenClay said he supports the request even though he feels the house is big for the lot.

 

Commissioner Carlson said he supports the request and said he thinks that requests like this which upgrade the existing housing stock are good.

 

Commissioner McKinney liked the idea though he was concerned about the amount of impervious surface on the property.  Ms. Snow said the request would not add any impervious surface.

 

Chairman Nelson said he liked the plan but was concerned about the condition of the property due to the current construction.  He reminded the applicant that the site must be clean and not interfere with adjoining properties.

 

ACTION:  Motion by Commissioner Nelson to recommend that the City Council approve the variance request in accordance with the recommendations set forth by staff to alter a non-conforming structure through the addition of a partial second story which encroaches five feet, eight inches into the required side yard setback.  The motion is conditioned that the eaves not extend any further than sixteen inches from the foundation and that the applicant submits a construction management plan prior to the issuance of a building permit.  Commissioner McKinney seconded the motion.  The motion carried 4-0.  Upon roll call vote Commissioners Carlson, McKinney, Nelson and TenClay voted aye.  There were no nay votes.

 

SUBDIVISION/VARIANCE: Sheryl Wilkie, 19440 Vine Street, (R-2, 40,000) request to subdivide an existing lot located in the City of Deephaven into two buildable lots and a variance request of the minimum required lot width at the street.

 

Sheryl Wilkie presented the request.  She explained that the property contains two acres on two parcels.  She is requesting to redraw the line separating the properties.  A variance is needed of the minimum required road frontage since the property is located on a cul-de-sac.

 

Chairman Nelson opened the public hearing, hearing no public comment the hearing was closed.  Nelson asked for Commissioner comments.

 

Commissioner McKinney said he thought the plan was a good idea though he’s concerned about the barn encroaching into the required setback.

 

Commissioner Carlson said the subdivision made sense and feels there needs to be further investigation regarding the easements on the property.

 

Ms. Wilkie submitted documentation on the easements.  Zoning Coordinator Karpas said he would submit the documents to the City Attorney for his review.  He noted the charge for this service would be passed onto the applicant.

 

Commissioner TenClay discussed concerns about access to the lots.  He noted the applicant would need to submit an easement agreement to permit access to Parcel A over Parcel B.  He was supportive of the request subject to the driveway agreement and review of the easements by the City Attorney.

 

Chairman Nelson agreed with TenClay.

 

ACTION:  Motion by Commissioner Carlson to recommend that the City Council approve the subdivision request and the variance request of thirty-one feet of required lot width for Parcel A and the variance request of forty-four feet of required lot width for Parcel B in accordance to the recommendations set forth by staff.  The motion is conditioned upon the City Attorney reviewing the existing easements and the City Attorney also reviewing the driveway agreement.  Commissioner Nelson seconded the motion.  The motion carried 4-0.  Upon roll call vote Commissioners Carlson, McKinney, Nelson and TenClay voted aye.  There were no nay votes.

 

PLANNING COMMISSION APPOINTMENT

 

The Commission recommended the appointment of Walter Linder to the Planning Commission for a three-year term of office effective until April, 2008 on a motion by Commissioner Nelson, seconded by Commissioner McKinney.  Motion declared carried 4-0.

 

 

ADJOURNMENT

 

Chairman Nelson expressed his gratitude to Commissioner TenClay for his years of service on the Commission.

 

Motion by Nelson to adjourn the meeting.  Commissioner McKinney seconded.  The motion carried 4-0.  The meeting adjourned at 8:15 p.m.

 

Respectfully submitted,

Gus Karpas

Zoning Coordinator