Deephaven Planning Commission
Tuesday May 17, 2005
7:00 PM
Page 1
CALL TO ORDER: Chairman Dyb called the meeting to order at 7:00 p.m.
PRESENT: Chairman Dan Dyb, Commissioners Joan Budd, Kent Carlson, Walter Linder, Jeff McKinney, Warren Nelson and Werneiwski.
ABSENT: None.
OTHERS PRESENT: Council Liaison Kim Crockett and Zoning Coordinator Gus Karpas
Motion by Commissioner Nelson, second by Commissioner Kent Carlson, to approve the minutes of April 21, 2005 as presented. Motion carried 3-0. Commissioners Budd, Dyb, Linder and Werneiwski abstained.
VARIANCE:
Greg Buchal of Larson Engineering presented the request. He said the proposal would create a better playground area and help alleviate parking issues at the school through the doubling of the number of parking spaces.
Chairman Dyb opened the public hearing, hearing no public comment the hearing was closed. Dyb asked for Commissioner comments.
Commissioner McKinney asked about the height of the retaining walls and if it would be stepped back. Mr. Buchal said the wall would have a maximum height of six feet and that a safety rail will be place on all portions of the wall over thirty-two inches.
Commission Budd had no objection, but was concerned that even thirty-two inches was quite a distance for a child to fall. Mr. Buchal said that the area at the base of the wall would be rubber matting.
Chairman Dyb asked about the material used for the construction of the wall. Mr. Buchal said the wall would be colored poured concrete.
Commissioner Carlson asked about run-off. Mr. Buchal said there would be a decreased amount of run-off into the playground area. He said the parking lot would be re-graded to direct more of the run-off towards the street. Carlson asked if the parking area reserved for busses could be used for general parking for events held at the school. Mr. Buchal said it would.
Commissioner Nelson felt the design of the area was done well. He understands the need for larger volumes of parking but is still concerned whether the proposal would solve all the parking issues.
Commissioner Werneiwski asked if the additional parking would help ease the traffic during the morning drop off-hours. Mr. Buchal said that was the hope of the school district.
Chairman Dyb asked about the proposed guardrails. Mr. Buchal said they would be wrought iron, four inches on center. Mr. Dyb said he has no concerns about the proposal and thinks the updated play area is good for the kids.
ACTION: Motion by Commissioner Dyb to recommend that the City Council approve the variance request in accordance with the recommendations set forth by staff to exceed the maximum impervious surface by 8.7% through the reconfiguration of the school parking lot and playground. Commissioner Nelson seconded the motion. The motion carried 7-0.
SPECIAL USE REQUEST: Tim Duffy (Fusion Life Spa) – 18142 Minnetonka Boulevard, (C-1, 10,000) Request for a special use permit to erect a new two (2) foot by twenty foot, four inch (20’-4”) illuminated business identification sign.
Tim Duffy presented the request. He said the proposed light would be what is called a box light and that only the letters will be illuminated. The remainder of the sign area would be silver. The light would only be illuminated during business hours.
Chairman Dyb opened the public hearing.
Hearing no further public comment, the public hearing was closed. Dyb asked for Commissioner comments.
Commissioner Linder confirmed that the sign would only be illuminated during business hours. He had no concerns about the sign.
Commissioner McKinney felt the design was good and supports the request.
Commissioner Budd feels the sign was tastefully done and doesn’t have any problems with it as long as there are controls on the amount of time it can be illuminated.
Commissioner Carlson had no concerns about the proposal. He asked the applicant about the exterior changes being done to the building itself. Mr. Duffy said the new exterior would be a moss green finished stucco. Carlson asked about parking. Mr. Duffy said they complied with the city ordinance and that employees of the spa would be encouraged to park in the city lot down the road.
Chairman Dyb asked about the nature of the business. Mrs. Duffy explained that the spa would offer a wide variety of services from acupuncture to nails.
Commissioner Nelson felt that there could be parking issues, but was supportive of the request.
Chairman Dyb supported the request and recognized the need to identify the business.
ACTION: Motion by Commissioner Dyb to recommend that the City Council approve the special use request to erect a two (2) foot by twenty foot, four inch (20’-4”) illuminated business identification sign. The motion is conditioned that the sign only be illuminated during business hours. The Commissioners stated there is a need to identify the business. Commissioner McKinney seconded the motion. The motion carried 7-0.
VARIANCE: Mark Klesk, 19900 Cottagewood Road, (R-2, 40,000) request to build an addition within the required front, side and lake yard setbacks and a request to construct a swimming pool within the required lake yard setback. The requested variances are for fifty-two (52) feet of the required one hundred (100) foot lake yard setback on the north portion of the property, twenty-seven (27) feet of the required one hundred foot lake yard setback on the west portion of the property and twenty (20) feet of the required fifty (50) foot front yard setback for the proposed addition. The variance request for the proposed pool is for sixty-three (63) feet of the required one hundred (100) foot lake yard setback.
Mark Klesk presented the request. He said his property is unique in that it is zoned R-2, yet has the lot area of a lot in the R-3 district. His request is to add onto the existing home which cannot be done due to the lake yard setback, which wraps around the property. He pointed out that he is able to comply with the maximum permitted impervious surface.
Chairman Dyb opened the public hearing, hearing no public comment the hearing was closed. Dyb asked for Commissioner comments.
Commissioner McKinney discussed the westerly setback. He said he is supportive of the proposed addition but has some concerns about placing the pool within the required lake setback.
Commissioner Budd said she had no objection to the proposed addition, but has yet to make up her mind about the pool. She would like to discuss the pool further.
Commissioner Carlson commented that the applicant did a good job designing the home and doing his best to save the pine tree along the road. He said he is also supportive of the pool variance.
Commissioner Nelson feels the applicant did a good job trying to reduce the amount of variance needed for the addition. He supports the request for the addition, but would like more discussion on the pool.
Commissioner Linder asked if there would be a fence around the pool. Mr. Klesk said that though it isn’t required he most likely would. Linder asked if the pool would affect the sight lines of the adjacent property. Mr. Klesk said it would not. Klesk also commented that there was a vast stretch of cattails between the pool and actual open water. Commissioner Linder said he was comfortable with the entire request.
Commissioner Werneiwski said he was happy the applicant was trying to save the pine tree and asked if steps were being taken to protect it during construction. Mr. Klesk said the addition was designed so that it could be constructed without harming the tree. Commissioner Werneiwski agreed that the applicant took extraordinary steps to minimize the variances needed for the project. He supports the proposed addition but is going back and forth on the pool request.
Chairman Dyb commented that the lots on the back bay are hindered by the required lake setback. He understands the applicant’s need for the variance on the addition, but feels there is no hardship for the proposed swimming pool. He said if the request was for a portion of the principle structure, he would view it differently. He understands that condition of the shoreline and commented that there are not a lot of pristine sandy beaches, suitable for swimming in Deephaven. He has difficulty bending the law for a swimming pool.
Commissioner Nelson argued that the lake setback creates a difficulty in placing the pool.
Chairman Dyb said he has a difficult time justifying a hardship for an accessory use on the property.
Mr. Klesk said the ordinance requirements don’t reflect the property conditions. He said there has to be a reason other than not liking pools as a reason for denial. Chairman Dyb said its not the pool itself, rather its location in relationship to the lake.
Commissioner Nelson discussed increasing the setback for the pool He said he could support a fifty-foot setback and a condition that it not be pumped into the lake.
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 construct an addition which encroaches fifty-two (52) feet into the required lake yard setback, encroaches twenty-seven (27) feet into the required lake yard setback on the west portion of the property and encroaches twenty (20) feet into the required front yard setback. Commissioner Budd seconded the motion. The motion carried 7-0.
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 construct
a swimming pool which encroaches into the required lake yard setback. A hardship exists in the fact that the pool
cannot be located anywhere on the property without a variance. The motion is conditioned upon the pool being
placed in its current dimensions not closer than fifty feet away from the
ordinary high water level, that a guard rail be placed at the top of the
retaining wall and that a pump be installed so that the water not be pumped
directly into the lake. Commissioner
Budd seconded the motion. The motion
carried 4-3. Upon roll call vote
Commissioners Budd, Carlson, Linder and Nelson voted aye. Commissioners Dyb,
VARIANCE:
Mike Miller,
Mike Miller presented the request. He feels the property creates a hardship in locating a swimming pool. He would like to have his children in a pool rather than swimming in the lake. He also has a son who had knee surgery and a pool helps his physical recovery. He pointed out that all other lakes in Deephaven have a seventy-five foot setback. Mr. Miller said the lot is very wooded and the pool will be invisible from the lake. He feels the proposed pool is a reasonable use of the property.
Chairman Dyb opened the public hearing, hearing no public comment the hearing was closed. Dyb asked for Commissioner comments.
Commissioner Werneiwski asked if the home was new. Mr. Miller said it was. Werneiwski said that he was opposed to the request.
Commissioner Linder commented on the extent of the bog area on the property. He said he was concerned about approving construction over utility easements.
Chairman Dyb commented that when this property was originally before the Commission for variances on the existing structure, the Commission was led to believe that the applicant, Mr. Gorr was going to reside there. Mr. Gorr commented that things change.
Commissioner McKinney is not in favor of constructing a pool within the lake setback.
Commissioner Budd is in support of the request.
Commissioner Carlson supports the request though he has concerns about the easements on the property.
Commissioner Nelson feels the trees provide a good screening buffer. He feels the pool should be reconfigured to match the angle of the principle structure, even though it would push a corner of the pool closer to the lake.
Chairman Dyb felt the applicant has not demonstrated an undue hardship or practical difficulty. He feels the property can be put to a reasonable use without the pool.
ACTION: Motion by
Commissioner Nelson to recommend that the City Council approve the variance
request to construct a swimming pool which encroaches into the required lake
yard setback. The motion is conditioned that the pool be
rotated to match the angle of the existing principle structure and that the
bottom of the pool be located above the ordinary high water level. A hardship exists in that the pool cannot be
located elsewhere on the property without the issuance of a variance. Commissioner Linder seconded the motion. The motion carried 4-3. Upon roll call vote Commissioners Budd,
Carlson, Linder and Nelson voted aye.
Commissioners Dyb,
Kent Carlson presented the request. He said that he own two properties, one being a rental, and would like to re-plat them to allow him to construct a new home on his existing lot.
Chairman Dyb opened the public hearing, hearing no public comment the hearing was closed. Dyb asked for Commissioner comments.
ADJOURNMENT
Motion by Dyb to adjourn the meeting. Commissioner Budd seconded. The motion carried 7-0. The meeting adjourned at 9:20 p.m.
Respectfully submitted,
Gus Karpas
Zoning Coordinator