DEEPHAVEN PLANNING COMMISSION

TUESDAY SEPTEMBER 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 Joan Budd, Walter Linder, Jeff McKinney, Warren Nelson and Bob Werneiwski

ABSENT: Council Liaison Crockett and Commissioner Kent Carlson.

OTHERS PRESENT: Councilmember Keith Kask and Zoning Coordinator Gus Karpas

MINUTES OF August 16, 2005

Motion by Commissioner Linder, second by Commissioner Dyb, to approve the minutes of August 16, 2005 as presented. Motion carried 4-0-2. Commissions Budd and Nelson abstained.

VARIANCE: Mark and Michelle Mitchell, 19305 Cedarhurst, (R-1, 60,000) request to structurally alter a roof over an existing non-conforming structure located within the required side yard setback. The requested variance if for three feet, eleven inches (3’-11”) of the required thirty (30) foot side yard setback.

Dave Steingas, Steiner Koppelman, presented the request. He said the request was to construct an addition on the home and alter the roofline on the non-conforming portion of the house that encroaches into the required side yard setback.

Zoning Coordinator Karpas gave a brief history of the property, which includes an error by the city in 1982 in siting the home, and a variance granted in 1999 to rebuild that portion of the home. Karpas said he recommended approval on the grounds that the roof sloped away from the property line, limiting the massing and that the current roof has only a slight pitch lending it to ice dams and water problems.

Chairman Dyb opened the public hearing. Hearing no public comment the hearing was closed.

Commissioners Linder and Werneiwski were supportive of the request.

Chairman Dyb asked what portion of the foundation would be removed. Mr. Steingas said the portion on the north side of the existing home would be removed and that portion of the existing structure, which received the variance in 1999, would remain.

Dyb commented that he understood the issues that come with a flat roof and that he had no problems with the request.

Commissioners Budd, McKinney and Nelson supported the request.

ACTION: Motion by Commissioner Dyb to recommend that the City Council approve the variance request. A hardship exists in the placement of the home and that the proposed roof alteration would not encroach further into the required setback. Commissioner Nelson seconded the motion. The motion carried 6-0.

ORDINANCE AMENDMENT: Ordinance amendment reducing the required lake yard setback for the residential properties located along Cottagewood Road on the back bay of Carson’s Bay.

Zoning Coordinator Karpas gave an overview of the ordinance which would reduce the lake yard setback for select properties located on the back bay of Carson’s Bay, explaining that the Council has been working on this issue for a number of months. He said that Council would like the Planning Commission to review the issue and make a recommendation to them.

Chairman Dyb opened the public hearing. Hearing no public comment the hearing was closed.

Dyb commented that most of the affected homeowners have already been in front of the Planning Commission and Council for variances. Zoning Coordinator Karpas said that even so, the Council would like to take steps to limit the need for finding a hardship for normal development of the properties. Karpas pointed out that Deephaven’s lake setback is the most restrictive on Lake Minnetonka.

Commissioner Budd asked when the hundred-foot setback was created. Councilmember Kask said the setback was a hundred feet in 1982 when he first joined the Planning Commission. Commissioner Budd questioned whether these were the only properties negatively affected by the lake setback.

Commissioner McKinney commented the setback has a negative affect on all lake properties in Cottagewood.

Councilmember Kask said there were a number of issues to consider. He said the current lake setback have forced homes closer to Cottagewood Road, in an area the homes should be further from the road due to the volume of traffic. He feels the setback shouldn’t be any less than the seventy-five foot setbacks required for the “minor” lakes located in Deephaven.

Commissioner Nelson likes the uniqueness in Deephaven’s ordinance and doesn’t feel changing the setback would ease the need for variances on the subject properties and because of that, he would not support a change in the setback.

Commissioner Budd agreed and said she doesn’t see a need for an exception and pointed out that the variance process is still available for those homeowners wanting to alter their structures.

Commissioner Nelson said the city has been consistent in enforcing the lake setback.

Commissioner McKinney noted that most of the lakeshore properties were platted prior to the setback regulations and have grown from cottages to year around homes. He thinks if there is to be a change in the ordinance that it should apply to all lakeshore properties.

Commissioner Linder feels the back bay is more similar in characteristics with the smaller lakes and feels you could justify an exception. Commissioner McKinney said that may be so, but he is uncomfortable with putting a reduced setback in “stone” because it will encourage other neighborhoods to seek the same.

Commissioner Werneiwski agrees with Linder that the back bay is like the smaller lakes. He would be supportive of a setback down to fifty feet, but is concerned about amending the ordinance for only a small area of the city.

Chairman Dyb asked Linder what he meant by similar characteristics, did he mean in terms of the reeds and limited boat traffic. Commissioner Linder said yes, that the back bay is similar in the nature of its use and aesthetic characteristics to the smaller lakes.

Commissioner Nelson said he could see the issue from both sides, but still likes the consistency the city has shown in enforcing the required lake setback. Commissioner Werneiwski agreed and said he couldn’t justify changing the ordinance for only nine properties.

Chairman Dyb asked for the Commissioners feelings on the proposed ordinance change.

Commissioner Linder would support a reduced setback of seventy-five feet, but not fifty feet and commented that because it would not resolve the issues on the back bay, he would also support no change in the ordinance.

Commissioner Werneiwski reiterated his support for a fifty-foot setback, but feels that no change should be made to the ordinance since variances would still be required it doesn’t make sense to change it.

Commissioners Budd, Dyb, McKinney and Nelson all said there were not supportive of a change in the ordinance which did not solve the issues at hand and only applied to a small portion of the city.

ACTION: Motion by Commissioner Dyb to recommend that the City Council not reduce the minimum required lake yard setback for those residential properties located along Cottagewood Road on the back bay of Carson’s Bay. The proposed ordinance amendment would not provide substantial relief to those property owners on the back bay and would serve only to confuse residents as to why one area of the city is permitted a reduced setback while others are not. Commissioner Nelson seconded the motion. The motion carried 6-0.

LIAISON REPORT

Councilmember Kask discussed items addressed by the City Council. He said that Mike Miller, 19640 Cottagewood Road withdrew his variance request for his second story and that John Woeffler, 3760 Northome Avenue, was granted a variance per the Commission’s recommendation that he maintain a five foot side yard setback and comply with the required front yard setback. He said both the Special Use Permit and Special Events Permit were approved.

Kask informed the Commission that they would be reviewing a proposed cell tower ordinance at their next meeting.

ADJOURNMENT

Motion by Dyb to adjourn the meeting. Commissioner Linder seconded. The motion carried 6-0. The meeting adjourned at 8:05 p.m.

Respectfully submitted,

Gus Karpas

Zoning Coordinator