DEEPHAVEN CITY COUNCIL MEETING
MONDAY,
SEPTEMBER 6, 2007
MINUTES
1.
CALL MEETING TO ORDER: Mayor Skrede called the meeting to order at
7:00 p.m.
PRESENT: Mayor Paul Skrede, Councilmembers John Wheaton, Steve Adams, Keith Kask, and Kim Crockett
STAFF: Police Sergeant Chris Whiteside and
City Administrator Dana Young
2.
PLEDGE OF ALLEGIANCE
The
Council recited the Pledge of Allegiance.
3.
APPROVE CONSENT AGENDA
Motion
by Councilmember Kask to approve the Consent Agenda, consisting of the
following items:
A. Minutes of August 20, 2007
B. Approve Verifieds
C. Adopt Resolution No. 28-07,
Approving 2007 Levy Collectible in 2008
Seconded
by Councilmember Crockett. Motion
carried 5-0.
Mayor
Skrede stated that he was pleased to report that the City’s 2008 tax levy is
proposed to be at the same dollar amount as the 2007 tax levy.
4.
MATTERS FROM THE FLOOR
There
were no Matters from the Floor.
5.
PLANNING & ZONING
REQUESTS
A. Variance
– Mary Jane McGregor, 19440 Lakeview Avenue, (R-3, 20,000) request to
demolish an existing deck and construct a new deck on the lakeside of the home
which would encroach into the required lake yard setback, encroach into the
required west side yard setback and exceed the maximum permitted impervious
surface area. The requested variances
are to encroach six feet into the required one hundred foot lake yard setback,
to encroach eight feet into the required fifteen foot west side yard setback
and to exceed the twenty-five percent maximum impervious surface area by
approximately 4.3%.
Administrator Young
presented the Staff Report on the variance request. He stated that the applicant is requesting
variances to demolish an existing deck and construct a new deck on the lakeside
of her home which would encroach six feet into the required 100 foot lake yard
setback, encroach eight feet into the required 15 foot west side yard setback
and exceed the maximum permitted impervious surface area by approximately 4.3%.
The overall effect of the
proposed deck addition would be to remain at the existing six foot encroachment
into the required lake yard setback at 94 feet, decrease the existing
encroachment into the required west side yard setback from four to seven feet,
decrease the existing amount of impervious surface from 48.7% to 29.3%. Staff recommended approval of the variance
requests for the proposed deck
reconstruction as submitted for 19940 Lakeview Avenue for the following
reasons:
1. The property can be put to a
reasonable use without the issuance of a variance, but the proposed deck
reconfiguration is a reasonable use of the property which reduces an existing
encroachment into the required west side yard setback, reduces the impervious
surface area and does not increase the degree of encroachment into the required
lake yard setback. The proposal provides
egress from the principal structure without requiring the applicant to exit
through the existing screened porch.
2. The circumstances causing
the need for the variance were not caused by the homeowner.
3. The requested variance would
not alter the essential character of the locality and the proposed addition
would comply with the residential character of the neighborhood. The existing structure, along with the
proposed deck alteration, would be located further from the ordinary high water
level than the abutting properties.
4. Economic considerations were
not an issue in this variance request.
5. The circumstances requiring
the variance are not unique to this property but are fairly common to the
neighborhood. The property is under the
minimum required lot area and currently encroaches into the required
setbacks. The proposed alteration does
not increase the encroachments and, in the case of the required west side
setback, decreases the encroachment.
Mayor Skrede opened the request for
public comment. Hearing no comments, the
public hearing was closed.
Councilmember Adams provided a summary of the
Planning Commission’s action regarding this request. He stated that this was an amended request
and the applicant took into account the comments made by the Planning
Commission and made a number of amendments to the original plan to comply with
the Commission’s comments. He stated
that an immediate neighbor had voiced concern over the proposed location of the
stairs and deck but was reassured that both structures would be no closer than
the existing setbacks and would even be somewhat less. He added that the Planning Commission had
unanimously approved the request.
Councilmember Kask questioned the significant
reduction in the impervious surface area and asked if this was due to the
removal of the rock and plastic landscaping material.
Rob Pearson, with Pearson’s Builders, was present to
represent the applicant and stated that the impervious surface area was reduced
through the removal of this material.
Councilmember Kask moved to approve the variance to
encroach six feet into the required 100 foot lake yard setback, to encroach
eight feet into the required 15 foot west side yard setback and to exceed the
maximum permitted impervious surface are by 4.3% for the proposed deck
reconstruction as presented for 19440 Lakeview Avenue, in accordance with the
recommendations of the Planning Commission and City Staff. A hardship exists in the condition of the
existing deck, the fact that the house is located on a minimally sized lot with
existing structures that presently encroach into the required setbacks and the
request would not alter the essential character of the neighborhood. Seconded by Councilmember Wheaton. Motion carried 5-0.
B. Adopt Ordinance No. 13-44, Amending
Section 1310.08, requiring the face of a fence to abut
adjacent properties and to prohibit
storage between a fence and an adjacent property line.
Administrator
Young stated that Ordinance No. 13-44 proposes to amend Section 1310.08 to
address several complaints that staff has received from neighboring property
owners following the construction of a fence.
He stated that the Ordinance would require the decorative side of a
fence to face the abutting properties and prohibit storage on the side of the
fence abutting adjacent properties. He
stated that the Planning Commission unanimously approved the Ordinance,
however, with the amendment that the prohibition of storage between a fence and
adjacent property line be limited to that area within the required fence
setback. He stated that Ordinance No.
13-44 does not currently include the Planning Commission’s recommended
amendment.
Councilmember
Kask stated that while he would certainly question the intent of anyone storing
material within the four foot fence setback area, it was unfortunate that the
City has to be the enforcement agent in any potential dispute. He stated it is frustrating that the City has
to regulate this type of behavior.
Mayor
Skrede opened the hearing for public comment.
Hearing no comments, the public hearing was closed.
Councilmember
Adams stated that he is not entirely convinced that the Planning Commission’s
amendment to limit the storage of materials to that area within the required
fence setback provides enough safeguards.
He stated that the larger concern is to prevent the storage of material
beyond the four foot fence setback area.
Mayor
Skrede agreed that it is unfortunate that the City has to be involved in these
types of disputes but if the spirit of the law is not being followed the letter
of the law should be.
Councilmember
Wheaton stated that he is concerned that this ordinance is discriminatory to
those with fences. He stated that anyone
would be able to store material without a fence and wouldn’t be in violation of
the City Code. He stated that this
ordinance is another instance of the government solving problems with
neighbors.
Councilmember
Adams stated that there is a difference with the construction of a fence
because building a fence creates a visual property line.
Councilmember
Wheaton stated that landscaping would cause the same effect as a fence.
Councilmember
Crockett asked if there is a history behind the proposed adoption of this
ordinance. She stated that she hasn’t
heard any complaints about storage problems behind fences.
Councilmember
Adams stated that there have been instances of individuals storing material
along a neighbor’s side of the fence as retaliation for not agreeing to permit
the construction of a taller fence
directly
on the property line.
Councilmember
Kask stated that there would be nothing to prevent someone from storing
something unsightly behind a mesh or split fence, which are not controlled by
the City.
Councilmember
Crockett asked if the City really should be in the business of resolving
private disputes.
Councilmember
Wheaton stated that one of his main issues with the proposed ordinance is that
it would restrict the use of private property, which he does not favor. In addition, the ordinance does not properly
define what storage is or if temporary storage would be prohibited.
Councilmember
Adams stated that the City would only respond to this ordinance when a
complaint is received from a resident and the complaint would only likely be
received when the storage was particularly egregious.
Councilmember
Wheaton stated that when there is a dispute between neighbors, the storage
doesn’t need to be that egregious to merit a call to the City.
Mayor
Skrede stated that the ordinance is an attempt to address an issue that can’t
be resolved amiably and where there is one side in the issue that seems to be
continually aggrieved by the storage of material.
Motion by Councilmember Kask to adopt Ordinance No.
13-44, Amending Section 1310.08, requiring the face of a fence to abut adjacent
properties and to prohibit storage between a fence and an adjacent property
line. Seconded by Councilmember
Adams. Councilmember Wheaton and
Crockett opposed. Motion carried 5-0.
Administrator Young stated that there would be a
second reading of Ordinance No. 13-44 on October 1, 2007.
6.
UNFINISHED BUSINESS
A.
Other
Mayor
Skrede noted that he and Administrator Young would be meeting with other
representatives tomorrow to resume discussions on the Senior Center funding
proposal. He stated a couple of City
Council’s have reviewed the draft agreement and Shorewood was comfortable with
the interim funding proposal but not with changing the 1996 Cooperative
Agreement as part of the interim funding proposal.
7.
DEPARTMENT REPORTS
A.
Police Department
Mayor
Skrede noted that reserve officers had been used as additional patrol over the
Labor Day weekend to try to reduce instances of vandalism at the parks and
beaches. He noted that several
individuals had been cited for curfew violations over the weekend.
B.
Excelsior Fire District
Councilmember
Crockett noted that the Fire Board would be meeting in Executive Session
tomorrow to conduct the Fire Chief performance review as required in his
employment contract with the District.
Administrator
Young stated that Fire Chief Scott Gerber will be conducting a training class
on IS700 Emergency Management for Council members and staff on September 27,
2007 at the Medina City Hall from 6:00 p.m. to 8:00 p.m. He stated that IS700 Emergency Management
training is required and that Mayor Skrede and City Staff have already
completed this training. He asked any
interested Councilmembers to contact him if they have any interested in
attending this session.
Administrator
Young stated that the Fire District has been awarded a grant in the amount of
$34,370 for a Hover craft, trailer and related equipment by Fireman’s Fund
Insurance Company. Formal presentations
will be made at the Deephaven City Council meeting on September 17th
and at the Fire Board meeting on September 26th. Further discussion was held on the use and
need for this type of equipment.
C.
Public Works
Administrator
Young presented an update on current and upcoming public work activities.
Mayor
Skrede stated that he has received an email from Marc Gross, 18985 Azure Road,
requesting the construction of a fishing pier at the Main Beach. He stated that he would like the Public Works
Committee to look into the possibility of constructing a fishing pier and of
obtaining a grant from the Department of Natural Resources.
Councilmember
Kask stated that he would be cautious about obtaining a grant from the
Department of Natural Resources because their grant might impose requirements
for public access that might not be particularly desirable to the City. He stated that he also questions the
desirability of locating a fishing pier over the breakwater structure due to
its close proximity to and incompatibility with the swimming beach. He added that cities throughout our area
offer different amenities and one city might offer a skating park, another a
fishing pier, and yet another a paddle tennis court. He stated that the City of Deephaven should
not feel obligated to provide all things to all people.
D.
Administration
Administrator
Young provided a brief update on the following items:
· October Newsletter
· The 2008-2017 Capital Improvement Plan and the 2008-2012 Five-Year Budget Projections
· The remaining 2008 Budget Schedule
· Garbage Contract with Waste Management
8. ADJOURNMENT
Motion to adjourn by Councilmember Kask, seconded by Councilmember Crockett. Motion carried 5-0. The meeting adjourned at 8:17 p.m.
Respectfully
submitted,
Dana
H. Young