DEEPHAVEN PLANNING COMMISSION

TUESDAY APRIL 17, 2007

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 McKinney Warren Nelson, Josh Sparber and Bob Werneiwski

ABSENT: Council Liaison Steve Adams and Commissioner Joan Budd

OTHERS PRESENT: Zoning Coordinator Gus Karpas

MINUTES OF February 20, 2007

Motion by Commissioner Sparber, second by Commissioner Dyb, to approve the minutes of February 20, 2007 as presented. Motion carried 5-0-1. Commissioner Linder abstained.

PUBLIC HEARINGS

Variance – Jerry Sundquist and Rebecca Larson, 19980 Cottagewood Road, R-2, 40,000 – The applicants are proposing to demolish the existing home and construct a new single family home which would encroach eleven feet, six inches into the required twenty-five foot rear yard setback.

Jerry Sundquist presented the request. He provided a model of the proposed home and explained that they were seeking a variance of eleven feet, six inches of the required rear yard setback.

Zoning Coordinator Karpas reviewed his staff report and said that he recommended approval on the basis that a hardship exists in that the lot could not be reasonably developed with the required setbacks, that the applicant could not meet the minimum house width requirements without a variance and that the home was consistent with other homes in the neighborhood.

Chairman Dyb opened the public hearing. Zoning Coordinator Karpas said he received a letter from Tom Pokonowsky, 20100 Minnetonka Boulevard, who was in support of the request.

Judd Olson, 19940 Cottagewood Road, said he directly abuts the property to the east and is in favor of the request.

Hearing no further public comment, the public hearing was closed.

Commissioner Werneiwski asked about a structure shown on the model. Mr. Sundquist indicated it was an outdoor fireplace. Werneiwski asked how high it would be. Zoning Coordinator Karpas said it could not exceed fifteen feet since it is considered an accessory structure. Werneiwski said he was in support of the request.

Commissioner Linder noted that he was opposed to the previous variance request on this property but felt this one was very modest in comparison. He was in support of the request.

Chairman Dyb said that a lot of thought and care has been taken to design a nice structure, while eliminating encroachments on a difficult lot. He was supportive of the request.

Commissioner Nelson said he typically likes to see non-conforming properties brought into compliance when they’re redeveloped. He asked for a further description of the model. Mr. Sundquist explained the layout of the home and how it was placed on the property. Nelson discussed options on reducing the encroachments through moving the home to the south. He believes the proposal is a huge improvement over what currently exists, but feels there are design alternatives available to eliminate the need for a variance.

Commissioner McKinney said he supported the request as presented.

Commission Sparber said it was his understanding that it was the City Council’s intent to keep the homes on the back bay inline, in terms of their setback from the street. He noted this proposal meets that criterion. He feels the home will be an asset to the community and supports the request.

ACTION: Motion by Commissioner Dyb to recommend that the City Council approve the variance request to encroach eleven feet, six inches into the required twenty-five foot rear yard setback for the proposed single family structure, as presented at 19980 Cottagewood Road, based staff’s findings that a hardship exists in that the lot could not be reasonably developed with the required setbacks, that the applicant could not meet the minimum house width requirements without a variance and that the home was consistent with other homes in the neighborhood. Commissioner McKinney seconded the motion. Motion carried 5-1. Commissioner Nelson voted against the motion to approve.

FINAL PLAT – Mark Kawell, Manor Road, (R-2, 40,000) A final plat request to subdivide an existing property located in the cities of Deephaven and Shorewood into four lots. The plat would create three vacant lots in the City of Deephaven. The property included 20025 Manor Road, Shorewood and the property directly south and east of 20025 Manor Road.

Zoning Coordinator Karpas presented the request and reviewed his staff report. He informed the Commission that he received a letter from the City Attorney outlining his concerns. He noted that the letter was rather lengthy and that some additional clarification of the Attorney’s concerns may be warranted.

Karpas said one of the issues raised by the Attorney was a Conservation Easement that was not a requirement by the City of Deephaven, nor was it shown on the Final Plat. Mark Kawell said the City of Shorewood required that a sixty foot buffer be place on the wetland on Lot 4, which is entirely in Shorewood, but the sixty foot buffer extended into Deephaven.

Mr. Kawell said he has no issue with that requirement. He said the lot is large and the easement would not impact its development. He said there is no downside for the City of Deephaven in accepting the Final Plat with the easement since it provides additional protection of the wetland.

Mr. Kawell said that he submitted his information to the city five weeks ago and that it’s inconvenient to his plans to have the Attorney submit a lengthy letter the day of the meeting, giving neither the Planning Commission or him time to address the concerns. He feels the Planning Commission could approve the request subject to the issues outlined in the letter being addressed prior to the City Council meeting. He said most of the letter seemed to contain questions rather than actual issues of substance.

Commissioner Sparber said he could appreciate Mr. Kawell’s feeling of inconvenience because he feels it too. He does, however, have concerns about approving a Final Plat prior to addressing the Attorney’s letter. He’s concerned that what may appear to be insignificant, may in fact hold some significance when it reaches the Council, who in turn may question why the Planning Commission passed it on without addressing the issues.

Zoning Coordinator Karpas said one of the concerns raised by the Attorney was the vacation of the previously platted cul-de-sac. He said it was the Attorney’s opinion that this must be done in conjunction with this request. Mr. Kawell said the street vacation has always been part of the plat request.

Commissioner Nelson said he understands Mr. Kawell’s frustration. He said that it’s tough to ask the Planning Commission to approve the Final Plat without a clear understanding of the Attorney’s issues. He said, even with Planning Commission approval, Mr. Kawell might face an uphill battle to address all the issues by the May 7^th Council meeting.

Commissioner Linder said he envisioned the scope of tonight’s discussion to focus on the conditions of the Council from the Preliminary Plat approval. He said the issues raised by the Attorney’s letters don’t seem to affect those conditions. He wondered if it was appropriate to hold off on a decision tonight.

Chairman Dyb said that he feels as though he’s blindfolded. He said the Commission could send it on, addressing only those issues raised by the Council, then find it sent back by the Council to address issues outlined in the Attorney’s letter.

Commissioner Werneiwski said if the discussion was centered on the issues raised by the Council, he would have no problem sending it on, but he feels uncomfortable doing so without addressing the Attorney’s letter.

Commissioner McKinney noted the Commission could approve it with conditions, but feels that would be putting the cart before the horse.

Mr. Kawell agrees with Commissioner Linder’s comments in terms of reviewing the request based on the Council’s conditions. He said that nothing in the Attorney’s letter were concerns of the Council’s during the Preliminary Plat process. He believes the issues can be clarified and addressed at the staff and City Council level.

Chairman Dyb noted that may be true, but the role of the Planning Commission is to do the background work on requests prior to sending them on to the Council. He said the letter throws out a number of unknowns.

ACTION: Motion by Commissioner Dyb to continue the Public Hearing on the Bowman Addition Final Plat to the May 15^th Planning Commission meeting to permit staff and the applicant to address the concerns raised by the City Attorney’s letter. Commissioner Linder seconded the motion. Motion carried 6-0.

LIAISON REPORT

Zoning Coordinator Karpas informed the Commission that Commissioners Joan Budd, Walter Linder, Josh Sparber and Bob Werneiwski were re-appointed to the Commission for additional three-year terms, expiring April 2010.

Chairman Dyb asked that Karpas express the Commission’s concern about receiving tardy letters of review. He feels the Commission and applicants are done a disservice when they are not provided appropriate time to address any issues raised in such correspondence.

ADJOURNMENT

Motion by Commissioner Dyb to adjourn the meeting. Commissioner Werneiwski seconded. The motion carried 6-0. The meeting adjourned at 8:10 p.m.

Respectfully submitted,

Gus Karpas

Zoning Coordinator