DEEPHAVEN PLANNING COMMISSION
TUESDAY JUNE 20, 2006
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 Walter
Linder, Jeff
ABSENT: Commissioner Joan Budd
OTHERS PRESENT: Councilmember Kim Crockett and Zoning Coordinator Gus Karpas
Motion by Commissioner Nelson, second by Commissioner Dyb, to approve the minutes of May 16, 2006 as presented. Motion carried 4-0-1. Commissioner McKinney abstained.
PUBLIC
HEARINGS
SPECIAL
USE PERMIT – Excelsior Fire District,
Dana
George, Interim Fire Chief presented the request. He said, based on the comments of the
Planning Commission from the May meeting, he worked with the sign company to
design two alternatives for the proposed signage. The first option was to keep the original
text “Excelsior Fire District Station 2” and add “
The second option would be to place a logo on the façade. A couple of issues with this option are that the sign would have to be approximately five feet in height to be legible and that there have been ongoing discussions to change the logo.
Mr. George said, cost wise, the second option is cheaper, but the majority of the firefighter’s preferred option A. Though, option B is acceptable.
Chairman
Dyb opened the public hearing. Hearing
no public comment the hearing was closed.
Commissioner Werneiwski asked about the letter height for option B. Mr. George said the height of the letters in that option would be less than eight inches, probably closer to six inches.
Commissioner McKinney commented that the building needs signage and said that he believes option A is more in keeping with identification signs on other fire stations. Commissioner Werneiwski said he could go with either option.
Commissioner Sparber agreed there is a need for signage. He prefers the option with the logo since the term “Deephaven” would be more distinct.
Commissioner Linder said both options look nice and that the applicant has addressed the concerns previously raised by the Commission. He prefers option A.
Chairman Dyb prefers option B. He likes the look of it. He could go with option A if that is what the majority of Commissions prefers.
Commissioner Nelson said the applicant has done a good job in addressing the Planning Commission concerns and that he likes both options. He prefers option B because he feels it’s more in keeping with other fire stations.
ACTION: Motion by Commissioner Nelson to
recommend that the City Council approve the special use request for signage at
Council Liaison Crockett stated for the record that a large number of the firefighters serving the Deephaven station come from Excelsior and their dedication is appreciated. She agrees that the term "Excelsior” should be included in the signage.
SHOWCASE
EVENT PERMIT: Crystal Kitchen Center,
JoLynn Johnson, President of Crystal Kitchen Center, presented the request. She said that they would like to include one of their projects in the upcoming Remodeler’s Showcase held on the weekend of October 13-15. She said they would showcase various projects throughout the home.
Chairman Dyb asked what advertising is done for the event. Ms. Johnson said the Home Builder’s Association puts out a flyer and that the company will include this property in their newsletter.
Chairman Dyb asked about attendance and what Ms. Johnson envisions attendance at this site to be. Ms. Johnson said that attendance is typically based on the location of the project and whether there are other sites to visit in the vicinity. Her estimation is that they will have between five and six hundred show up to this project over the three day event.
Zoning Coordinator Karpas informed the Commission that the applicant has followed the provisions of the ordinance and drew their attention to the letter from the Police Chief and the submitted Certificate of Insurance.
Chairman Dyb opened the public hearing.
Bryce Baker,
Zoning Coordinator Karpas suggested that the Commission consider a suggestion that the Police monitor the situation during the event to address any concerns. Chairman Dyb commented that the Planning Commission might not have the authority to do that. Karpas said the Council does and if the condition is included in the recommendation, the Council could direct the Police to follow through.
Hearing no further public comment the hearing was
closed.
ACTION: Motion by Commissioner Dyb to recommend that
the City Council approve the special events permit request to allow
VARIANCE
– Brett and Heather Kurtzman,
Al Burbeck, Burbeck Construction, presented the request. He said the applicant would like it to be a twenty-four by twenty, two story addition off the rear of the existing non-conforming structure. He said they are seeking a variance of the required west side yard setback. He said as part of the project, the attached garage on the east side, which is also non-conforming, would undergo some foundation repairs.
He said the garage used to have a floor drain, which exited out the northeast side of the garage and that over the years, the foundation has eroded. He said the plan was to underpin the foundation.
Chairman Dyb opened the public hearing.
Keith
Simons,
Hearing no further public comment, the public hearing was closed.
Commissioner Werneiwski had no objection to the request as proposed; though he is concerned about the issue raised by Mr. Simons. Zoning Coordinator Karpas said that it has been the policy of the city that no project be approved which would increase the velocity or volume of run-off onto adjacent properties. Werneiwski asked for specifics on the proposed driveway expansion.
Mr. Burbeck explained the current conditions and the proposed plan in terms of drainage. He said that during the development of the plan, a number of options were discussed on handling the drainage. The final decision was to do nothing to change the drainage on the driveway. The addition would be guttered and the water directed to the rear of the applicant’s property.
Mr. Burbeck said the driveway would be widened by one foot for about eighteen feet. He said the driveway configuration could remain the same. He would fix the foundation of the garage and then resurface the existing driveway.
Commissioner Nelson expressed concern that resurfacing the driveway could make the situation worse since the velocity of the run-off would change. He believes options are available, such as curbing, which could carry the water elsewhere.
Commissioner Werneiwski said he is supportive of the request along as the drainage is addressed.
Commissioner Linder asked if the neighbors on the west side of the subject property had seen the plans. Mr. Burbeck said they had and expressed support for the project. Linder said the requested variance seeks a large encroachment. He noted, however, that the existing structure already has a similar large encroachment, that the encroachment is on the driveway side of the adjacent structure and that there appears to be significant tree cover on the west side. He was supportive of the project for these reasons.
Chairman Dyb said he is supportive of the request. He believes a practical difficulty exists in the configuration of the lot and the placement of the home on the lot. He said the encroachment would be no greater than what currently exists. He conditions his support on the submittal of a drainage plan indicating how drainage will be handled on the whole property.
Mr. Burbeck said he’s sensitive to the concerns of Mr. Simons, but noted the applicants are changing existing conditions. He said the submittal of a drainage plan creates a cost burden on the homeowner for a pre-existing condition. He feels it’s unfair to burden the existing homeowners to fix a pre-existing condition.
Chairman Dyb said the conditions are changing and referenced the pitch of the roof and the corresponding drainage. Mr. Burbeck said the run-off from the proposed addition could be addressed by configuring the downspouts to carry the water to the front of the home. He wants to minimize the concerns of the Commission without adding a burden to the homeowners.
Commissioner Nelson said the burden should fall on the homeowners since they are proposing the addition of hardcover. He is in favor of the request, but would like to see the drainage addressed. He said the increased hardcover area does increase run-off, which does directly affect the neighbors. The applicant is responsible for addressing the water flow off the property. He wants to prevent future issues.
Commissioner Sparber said it’s kind of a Pandora’s Box. The discussion has gone away from the variance request to issues that may come from approval of the request. His main concern is about the existing encroachments onto Mr. Simon’s property. There is an existing drain pipe that dumps directly onto the neighbor’s property. A plan must show how the applicants will alleviate the issue with the run-off. He believes that just moving the water further to the rear of Mr. Simon’s property doesn’t necessarily solve the problem, rather it would create a new one. He likes the idea of placing a drywell to handle the water on the east side of the applicant’s property.
He has no issues with the proposed addition, but believes there will be stormwater run-off from the roof, which needs to be addressed.
Commissioner McKinney supports the request, but agrees that the run-off should be addressed.
ACTION: Motion by Commissioner Dyb to recommend that
the City Council approve the variance request to encroach twelve feet, eight
inches into the required twenty-five foot side yard setback for the proposed
addition at
Commissioner Werneiwski asked Mr. Simons what his specific concern was with the drainage. Mr. Simons said the area needs to be cleaned up. He said the builder represented to him that steps would be taken to correct the existing issue and he’s surprised there was no mention of these steps in his submittal. His main concern is with the erosion taking place on his property.
The applicant withdrew their variance request.
Motion for approval by Chairman Dyb was withdrawn.
SPECIAL
USE PERMIT – T-Mobile, (R-3, 20,000). A request to erect a one hundred
foot wireless communications tower on the City Hall Campus. The location of the tower would be between
the south side of the fire station and the LRT trail.
Christopher Coughlin, representing T-Mobile, presented the request. He said T-Mobile has worked with the City Council to design and place a wireless communications tower in the city. He said the request before the Commission is based on the direction of the Council. The proposal is for a one hundred foot tower that would be expandable to one hundred and twenty feet. The hundred foot tower would be able to support two wireless carriers. An additional carrier would be able to locate on the expanded tower. Expansion of the tower would require a variance from the city and would be handled by the third carrier at the time they were to locate on the site.
He said that T-Mobile would enter into a lease agreement with the city. He believes that the request is in compliance with the ordinance.
Commissioner Nelson asked why the tower had to be a hundred feet. Mr. Coughlin said T-Mobile would need the requested height to make the project feasible. Commissioner Werneiwski asked if the tower were expanded, would T-Mobile jump to the top. Mr. Coughlin said they would not and that the procedural requirements to expand the tower would be the responsibility of the third carrier.
Commissioner Nelson said the Commission should approach this request logically. He doesn’t want to approve a project, which doesn’t fit the needs of future carriers, requiring additional towers throughout the city.
Chairman Dyb opened the public hearing.
Tom
Pokonowsky,
Mr. Pokonowsky asked who receives the lease income from the additional carriers. Mr. Coughlin said that is negotiated through the lease agreement with the city. Those terms will become public once the lease agreement is on the agenda for Council approval.
Mr. Pokonowsky said he would like to see Verizon become a tenant on the tower. He said it would be nice to know how many citizens subscribe to what service to gauge which carriers we would encourage to locate in the city. Mr. Coughlin said that information is already known by most of the major carriers.
Chairman
Dyb asked where the next closest T-Mobile tower was located. Mr. Coughlin said the nearest one is an
antenna on the City of
Hearing no further public comment the hearing was closed.
Zoning Coordinator Karpas briefed the Commission on his review of the project. He noted there was a proposed access easement on the plan, which indicated there would be a class 5 driveway in the easement. He questioned whether that was necessary or even something the city would want. Mr. Coughlin said there would occasionally be a need to place a generator on the site.
Karpas asked about the size of the proposed equipment cabinets. Council Liaison Crockett asked if there was enough room in the leased area for the placement of equipment for those who would collocate on the tower. Mr. Coughlin said that the lease area, as shown on the plan, was for T-Mobile only and that additional equipment needs would need to be negotiated by the co-locater and the city.
Chairman Dyb said he assumed the raised platform was made large enough for all carriers. He’s concerned that there’s not enough room for collocation and feels that may be problematic in the future.
Commissioner Linder asked how the site was selected. Zoning Coordinator Karpas said that representatives of the city walked the city hall campus with Mr. Coughlin and suggested the site. Commissioner Sparber said he doesn’t know if the intent of the ordinance was to have multiple lease agreements. Council Liaison Crockett said the intent was to have all the carriers located on the leased site of the initial applicant. Mr. Coughlin said that typically, those who collocate develop their own sites since technology varies based on the carrier.
Council Liaison Crockett commented that the city doesn’t want to find itself in a situation where there is a tower with room for collocation, but no room for that co-locator’s equipment, essentially leaving the city with a tower and one carrier.
Commissioner McKinney said he had no issues with the request as proposed.
Commissioner Werneiwski asked about the applicant’s ability to comply with Section 1311.04(2) dealing with camouflaging the tower. Mr. Coughlin said the proposed tower would be gray galvanized steel, which is low maintenance and non-reflective. He said the color was also selected based on research showing that it is the least visible when the sky serves as the backdrop.
Commissioner Werneiwski asked about landscaping as required by Section 1311.04(3). He noted that there was no proposed landscaping shown on the plan. Mr. Coughlin said the fire station, a retaining wall, a paved path and a fence gate border the site. Werneiwski feels that additional landscaping could be put west of the site to lessen the impact. Mr. Coughlin said there are some existing trees in the area but that he would be willing to add additional trees as a condition of approval.
Commissioner Linder said he was generally comfortable with the request though he’s very concerned about the equipment issue as it pertains to the ability of co-locators to position their equipment adjacent to T-Mobile’s on the site.
Commissioner Nelson agrees. He thinks it would be foolish to approve a proposal that does not include a plan for the location of equipment for future carriers. He questioned if this is the right location for the tower if there is not enough property to contain the whole project when it is built out. Mr. Coughlin said towers with two carriers are typical. He said future carriers could locate their equipment to the west of the tower location and run their cable under the paved walkway.
Chairman Dyb does not disagree with what Mr. Coughlin is saying, but questions if that was the intent of the city when the ordinance was drafted. He said residents of Deephaven tend to be very protective of their green space.
Commissioner Werneiwski suggested that the tower be moved to the east to create additional space to put equipment on the west side. Commissioner Nelson agrees and said it makes sense to contain all carriers to one site.
Chairman Dyb asked if T-Mobile considered expansion of the equipment platform to make more room. Mr. Coughlin said that could only be done on the assumption that the co-locator would have equipment compatible with the platform. He noted there is great variety in the equipment used in the industry.
Mr. Coughlin said he was agreeable to extending the site twenty feet towards the east.
Commissioner Werneiwski discussed the proposed fence and asked if it could be of a construction other than chain link. Preferably wood. Mr. Coughlin said he could erect a cedar fence that would be non-climbable.
Commissioner Sparber discussed what he perceived the intent of the ordinance was. He said was in support of extending the site twenty feet further to the east. Mr. Coughlin said the site could be extended without moving the tower or equipment cabinets.
Council Liaison Crockett asked if the expansion would be enough to cover a second carrier. Mr. Coughlin said he believed so.
Commissioner Linder said he’s very concerned about voting positively on a site without assurances that it would support multiple carriers. He said he’s not comfortable without that knowledge. Commissioner Nelson commented that it would be in T-Mobile’s best interest to have a site that could accommodate additional carriers.
Mr. Coughlin said it is not uncommon for an ordinance requiring the applicant to show the ability to permit co-locators with similar sized needs. He doesn’t believe a site can be developed which guarantees collocation, unless the co-locator was part of the initial application. He said the proposed tower can support three carriers, but that T-Mobile cannot anticipate the equipment needs of the future carriers. They only need to show they can support an additional carrier with similar needs.
Chairman Dyb said he would be comfortable with the request provided that additional landscaping is placed west of the site and that the leased area be expanded to ensure the equipment needs of a co-locator can be met. Commissioner Werneiwski agreed with the additional requirement that a wood fence be installed instead of chain link.
Commissioner Linder still feels there is a big assumption on the city’s part that there would be adequate room on the west side to support additional equipment.
ACTION: Motion by Commissioner Dyb to recommend
that the City Council approve the special use request for the placement of a
one hundred foot wireless communications tower at the location presented on the
City Hall Campus. The request is
conditioned that a non-climbable cedar fence is installed in lieu of chained
linked and that additional landscaping be placed west of the site to help screen
the project. Commissioner McKinney
seconded the motion. The motion carried
5-0-1. On a motion to recommend
approval, Commissioners Dyb,
Chairman Dyb recessed the meeting at 9:20. The Planning Commission reconvened at 9:27.
ORDINANCE AMENDMENT – Recommendation to the City Council on an ordinance amendment to Sections 1315.03 and 1320.04 of the Zoning Ordinance, placing a time requirement for reconsideration of variance and special use requests acted on by the City Council.
Zoning Coordinator Karpas gave an overview of the proposed ordinance. He explained the proposed ordinance would require a waiting period of one year before an applicant can re-submit a variance or special use request similar to one previously acted on by the City Council.
Chairman Dyb opened the public hearing. Hearing no public comment the hearing was closed.
Chairman Dyb questioned the concept of what is considered a similar plan. He’s concerned about giving the impression that the city is denying an applicant access to the process.
Commissioner Linder asked what prompted the proposed ordinance change. Council Liaison Crockett said it had been believed this provision was already in the ordinance and the city has been acting as though it was. She said it the proposed ordinance is not unusual.
Chairman Dyb said he did not want to pass a law if it isn’t needed.
Commissioner McKinney doesn’t see a legitimate reason to make an applicant wait. If they want to spend the money to re-apply, they should be able to.
Commissioner Linder said the proposed ordinance seems unnecessary and punitive.
Commissioner Sparber agreed and feels applicants should have the right to re-apply.
Commissioner Nelson doesn’t see a need for a change in the ordinance.
ACTION: Motion by Commissioner Dyb to recommend that the City Council deny Ordinances 13-38 and 13-39 establishing a waiting period of one year for reconsideration of variance and special use requests which are similar to ones already acted on by the City Council. The ordinances appear to be punitive and unnecessary. Commissioner Linder seconded the motion. The motion carried 6-0.
OTHER BUSINESS
Zoning Coordinator Karpas informed the Commission that the terms for Chairman Dyb and Commissioners McKinney and Nelson have expired. He said that each are still eligible for one more three year term. Karpas confirmed each member’s interest in seeking an additional term. Chairman Dyb and Commissioners McKinney and Nelson all expressed interest in an additional term.
The remaining Planning Commissioners expressed their support for the re-appointments.
Commissioner Linder made a motion to recommend the Council re-appointment Chairman Dyb and Commissioners McKinney and Nelson for an additional term. Commissioner Sparber seconded the motion.
LIAISON
REPORT
Council Liaison Kim Crockett said the Council approved the request by Erhard’s to encroach into the required setbacks. The Council felt the request met the intent of the State Statute governing non-conforming structures.
The Council also voted unanimously to approve the request by 10 Spring homes. She noted that the Council has always looked at the street setback as the most crucial for those properties along the back bay, so they are usually willing to be a little more lenient on the lake setback. The Council thought, given the conditions, the footprint was a good fit on the property.
ADJOURNMENT
Motion by Chairman Dyb to adjourn the meeting. Commissioner Werneiwski seconded. The motion carried 6-0. The meeting adjourned at 9:45 p.m.
Respectfully submitted,
Gus Karpas
Zoning Coordinator