DEEPHAVEN CITY COUNCIL

TOWN HALL MEETING

MONDAY, JULY 17, 2006

6:30 P.M.

Page 1

1. CALL TO ORDER: Mayor Anderson called the meeting to order at 6:30 p.m.

PRESENT: Councilmembers Mayor Tom Anderson, Kim Crockett, Keith Kask, Paul Skrede and John Wheaton

STAFF: Zoning Coordinator Gus Karpas

Mayor Anderson informed those in attendance that tonight’s meeting was to solicit citizen input on issues regarding accessory structures. More specifically if the current ordinances of the city are sufficient in regulating them. Topics of discussion include, but are not limited to, whether the city should look into further safety regulation for pools, what constitutes a legal connection between an accessory structure and principle structure and whether the size and setback requirements for accessory structures are adequate.

Mike Carlson, 20445 Linwood Road, said he is specifically concerned about pool safety. He distributed information to the Council from a variety of sources citing statistics on accidental pool deaths and deterrent measures that could be taken. He feels strongly that the city needs to have a fence regulation for pools.

Frank Jewett, 3605 Parkway, questioned the need for a Townhall meeting on this issue. He asked if there has been issues creating the need for the meeting. Mayor Anderson said there has been an increase in the number of pool requests, which have brought safety concerns to the forefront. In addition, some questions have been raised about the connections between an accessory structure and principle structures. There appears to be a loophole in the ordinance, which has led to development outside the intent of the ordinance.

Councilmember Skrede said under the current ordinance, an accessory structure attached to the principle structure with a covered walkway is no longer considered an accessory structure, which permits additional structures on a property. There is the potential for a structure could have a number of appendages and still be within the ordinance. In regard to pools, there are concerns whether the ordinance is addressing the peripheral issues such as noise in their regulation.

Mark Klesk, 19900 Cottagewood Road, asked if there have been a significant number of complaints regarding pools and accessory structures. He feels a meeting with this importance should be televised for those who are unable to make the meeting so they understand what is being considered. He’s concerned that the Council will take a knee jerk reaction on this issue based on minimal complaints. Councilmember Skrede said the date of this meeting was given to the LMCC and it’s their sole discretion whether they decide to film a meeting or not. Mayor Anderson said there have been a number of concerns raised regarding pools and that the issue with garages came to light primarily due to a resident taking advantage of the ordinance, which forced the Council to re-evaluate the ordinance.

Councilmember Crockett said safety issues regarding pools is not a new issue. She said the Planning Commission discussed a requirement for fencing about a year ago. At that time a number of residents came out in opposition of such a regulation. Councilmember Skrede noted that there isn’t a State requirement for cities to force pool fencing. Crockett said some insurance companies require fencing as part of their homeowner’s policies.

Councilmember Skrede said the use of private property has changed recreationally over the years, placing uses, which create a significant amount of noise on residential properties. He said there appears to be a need to tighten up the ordinances to address the issue. The Council needs to do it in a way, which permits all residents to enjoy their property without infringing on their neighbor’s enjoyment of theirs.

Bob Cummins, 18850 Northome Boulevard, believes the size of accessory structures should be dictated by the size of the lot. He says that property owners with large lots are unfairly treated since a larger portion of their property is deemed unusable. Mayor Anderson agreed that aesthetics are changed by the size of a property.

Jon Monson, 4610 Linwood Circle, feels the Council should consider a reduction in the required lake yard setback. He said a large portion of the properties in Deephaven are out of compliance with the established ordinance. He would support maintaining the hundred-foot setback on larger properties, but a reduction on the smaller ones. He noted that Deephaven is the most restrictive community on the lake. He agrees there is some validity in tying the amount of permitted accessory structures to the size of the lot.

Mayor Anderson said that the ordinances have been set over the years based on what five individuals on the Council felt was appropriate for the city. The Council now is looking for public input to help shape the ordinance.

Councilmember Kask said it’s a question of proportionality. There has been a history of residents desiring to push the limits in terms of the lake setback. He feels a reduction in the required setback would lead to a rush to build to the new minimum, causing a leapfrog effect.

Kathleen Jewett, 3605 Parkway, would like to see a consistent lake setback requirement throughout the city.

Mr. Monson felt the setback could be reduced with a sight line requirement to maintain views. He believes the variance process has worked up to this point and he has no issued using that process to guide development. Another issue he would like the Council to address is a change in the ordinance to permit the construction of boathouses. He feels that boathouses add to the charm of the lake and would make Deephaven a more wonderful place to live.

Carrie Bell, 4235 Northern Road, believes the city should look into adopting a tree preservation ordinance to protect older trees. She believes that setbacks should be increased to help protect the root system of trees on adjacent properties. Mayor Anderson said the Park Committee had been looking into the requirements for the city to be designated a Tree City. He will follow up with the Committee to revive the process.

Ms. Bell said she would also like to see a requirement where pools are pushed closer to the principle structure on the property they are located on.

J.R. Tapper, 4765 Maple Chase, said he would like the Council to take care when drafting ordinance changes so they are not too restrictive. He said that as a household grows and ages, there are additional needs for accessory structures. Making the ordinance too complicated requiring more variances causes the ordinance to become fuzzy and less clear. He said he was not aware of the prohibition on habitation of accessory structures. Mayor Anderson said the city wants to limit the number of living quarters on a property and to discourage rental units. He said the city embraces its single-family character. Councilmember Skrede said it is not uncommon for an intended use, such as an office, to morph into a bone fide living space.

Zoning Coordinator Karpas said there is also the issue with sewer access in terms of the number of connections to the system and the ability of the system to handle a volume that it was never intended to service.

Councilmember Kask said the city is zoned single family and there is no intent on changing that characteristic of the city. The residents of the city like the quaint, unique nature of the city.

Mr. Jewett asked Mr. Monson his opinion on why homes are being constructed so large nowadays. Mr. Monson said he has wondered the same thing. He said the beauty of Deephaven is that everything is built in proportion with itself. Other cities are permitting big box developments, which lack character. It’s as though people equate size with importance. Mayor Anderson believes the trend will reverse itself as the baby boomers age.

Councilmember Wheaton said he would like to see some type of historic preservation in Deephaven. Though he likes the eclectic nature of the city, he believes that some of the historic character should be preserved. He agrees with Mr. Monson that boathouses, within reason, should be permitted. Councilmember Crockett said that though preservation is good, but it ignores the potential that what is placed on a property next might be better. She’s reluctant to limit a property owner’s options.

Jack Hastreiter, 20275 Cottagewood Road, expressed concern about potential pollution of ground water with the installation of pools. He doesn’t want to see a situation where the city is forced to accept city water due to the condition of the ground water.

Mayor Anderson said he hasn’t gotten a good sense on what the residents feel about safety issues in regard to pools. Mr. Klesk said that the Council should be mindful of private property rights as they discuss potential regulations. Mayor Anderson told a story in which a neighborhood child slipped under a pool cover while sledding. He doesn’t necessarily like the idea of forcing something on residents, he believes there are serious safety issue with pools.

Councilmember Wheaton said there are a number of pools in the community that are hidden through the use of natural buffers. He doesn’t believe that gates or covers are foolproof. He supports the idea of requiring a natural buffer, which screens the pool and helps buffer the noise. He would like to see pools tucked behind the principle structure, which lessens the attractive nuisance aspect of the pool.

Councilmember Skrede said the problem with drafting new language is that existing pools would be immune from the new regulations, unless their inclusion is specifically required by ordinance. That creates new issues when contacting someone whom has had a legal use and telling them they need to comply with new ordinances. He said the creation of regulations is not an easy task.

Pat Florance, 3920 Walden Shores Road, said that it is not uncommon to require fences around pools and that she has lived in a number of places where they were required. In many cases there are strict design requirements which enhance their safety value. She believes the city should seek the advice of insurance agencies for direction.

Nancy Middleton, 203 Mill Street, Excelsior, said even though there is a lot of interest in preserving private property rights, the Council needs to take into consideration what is best for the community as a whole. She said in some cases existing ordinances are either wrong or meaningless because they are incomplete in the description, example being, attaching an accessory structure to a principle structure, and need to be reviewed and updated. She said that a Councils job is to figure out how to clarify ordinances to best serve the residents.

Councilmember Wheaton wants to see larger setbacks for pools and limit their location to the rear of the principle structure. Ms. Bell suggested pushing them closer to principle structures to lessen noise concerns for adjacent neighbors.

Mr. Klesk noted that anyone who applies for a variance is seeking to take advantage of a loophole in the ordinances.

John Poage, 20305 Lakeview Avenue, said the City of Minnetonka has an extensive pool ordinance, which addresses safety concerns. He believes the City of Deephaven is a “gem” of a community, though it’s always at the cusp of white elephant development, which is creeping into the city. He said, as properties are re-occupied, each new owner is trying to develop their own little palace.

Mayor Anderson asked if there was any further comment from the public. Hearing none, he recapped the conversation saying the city will pursue three issues; look into the process to become a Tree City; looking at setback criteria for accessory structures and other recreational uses, including polls; and draft ordinance language to close the loophole permitting the attachment of accessory structures. He thanked all those who participated in the conversation.

The Town Hall meeting was adjourned at 8:25 p.m.

Respectively submitted,

Gus Karpas

Zoning Coordinator