DEEPHAVEN PLANNING COMMISSION

TUESDAY May 15, 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: Commissioner Joan Budd

OTHERS PRESENT: Council Liaison Steve Adams and Zoning Coordinator Gus Karpas

MINUTES OF April 17, 2007

Motion by Commissioner Nelson, second by Commissioner Sparber, to approve the minutes of April 17, 2007 as presented. Motion carried 6-0.

PUBLIC HEARINGS

Variance – Deephaven Elementary School, 4452 Vinehill Road, R-2, 40,000 – The applicants are requesting to create an outdoor classroom in an existing courtyard which would exceed the maximum permitted impervious surface. The existing impervious surface area on the property is 33.7%, the requested variance is to increase the overall impervious surface percentage to 34.3%.

Zoning Coordinator Karpas reviewed his staff report. He said the request is to create an outdoor classroom within the existing courtyard area. The total impervious surface area on the property would be 34.3%, but that the increase caused by the proposal would be less than one percent. He said he recommended approval of the request saying that the unique use of the building, required parking and the reasonableness of the use meet the variance criteria. He noted that he essential character of the neighborhood would not be altered since the proposal would not be visible outside of the school.

Mike Condon, Supervisor of Building and Grounds for the Minnetonka School District presented the request. He said this project is a joint project between the Parent Teacher Organization (PTO) and the school district.

Chairman Dyb opened the public hearing. Zoning Coordinator Karpas said he received an email from Joel Stebbins, 19000 Ridgewood Road, who was opposed to the request. He feels the school should be held to the same standard as private property owners.

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

Commissioner Linder asked how much of the courtyard is proposed to hardcover in relation to what already exists. Mr. Condon said there is existing hardcover in the area, but the proposal would increase that amount. He said less than fifty percent of the courtyard would be hardcover. Linder asked what the existing nature of the hardcover is in the area. Mr. Condon said there is about one hundred square feet of hardcover contained in two concrete pads located at the two doors entering the area. He said the proposed hardcover would be in the form of walkways and water features included in the outdoor learning area. He said the proposal is consistent with what other schools in the district are doing.

Chairman Dyb asked about the existing use of the space. Mr. Condon said the existing space contains the concrete pads and a couple of picnic tables. He said the proposal would create individual learning spaces.

Commissioner Linder asked how drainage would be handled and whether the runoff would be contained within the space. Mr. Condon said there is a stormwater system already in place that takes the runoff and puts it to the back of the property. He said they have already determined that the system would be able to handle the additional hardcover.

Commissioner Werneiwski was supportive of the request. Commissioner Sparber verified the proposed use is being done district wide. Mr. Condon said it was. Sparber was supportive of the request. Commissioner McKinney was supportive of the request.

Chairman Dyb said he was supportive of the request as presented. He feels this is a good use for the space.

Commissioner Nelson asked about the aggregate hardcover for both the properties owned by the district. Mr. Condon said he didn’t know. Nelson is concerned that the hardcover is being concentrated on one property, though the uses that have been approved in the past are being used by both properties.

ACTION: Motion by Commissioner Dyb to recommend that the City Council approve the variance request to exceed the maximum permitted impervious surface area by 9.3% for the proposed outdoor classroom, as presented at 4452 Vinehill Road, based staff’s findings that a hardship exists in the unique use of the property and that the request would not alter the essential character of the neighborhood. Commissioner McKinney seconded the motion. Motion carried 6-0.

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 said the City Attorney sent an email outlining six conditions that should be attached to any recommendation for approval. Karpas read the conditions into the record. He said the physical layout of the Final Plat has not changed from the Preliminary Plat, the concerns raised by the attorney center around specific language describing the various easements on the property.

Mr. Kawell was present to answer any questions the Commission had.

Chairman Dyb opened the public hearing, hearing public comment; the public hearing was closed.

Karpas noted that the Fire Department and Police Department reviewed the Final Plat and had no issues with the proposal. He said the City Engineer reviewed the Final Plat and concurred with the conditions set forth by the City of Shorewood. He said a copy of his letter and the conditions from Shorewood given to the Commission tonight.

Karpas discussed the required Park Dedication. He said typically a city receives a cash donation in the amount equal to ten percent of the assessed value of the land in lieu of a land dedication. He said in the case of this request, the dedication is upwards of $110,000. He said the Council would need to determine if that amount is appropriate for the potential impact this plat would have on the city’s park system.

ACTION: Motion by Commissioner Nelson to recommend that the City Council approve the final plat request for Bowman Third Addition to subdivide an existing property located in the cities of Deephaven and Shorewood into four lots, as presented, subject to the conditions outlined by the City Attorney and that no building permits be issued until the concerns raised by the City Attorney are satisfied. Commissioner Dyb seconded the motion. Motion carried 6-0.

Variance – Dan and Marta Snow, 20355 Summerville Road, R-3, 20,000 – The applicants are requesting to build a porch addition over an existing non-conforming structure within the required side yard setback. The applicants are seeking to exceed the maximum permitted impervious surface. The requested variance is for five feet of the required fifteen-foot east side yard setback.

Zoning Coordinator Karpas reviewed his staff report. He said the request was to construct an unheated porch addition over an existing flat roofed garage which would encroach five feet into the required east yard setback and exceed the maximum permitted impervious surface. He noted that the proposed encroachment would be less than that of the garage the addition would be built on and that there would be no actual increase in impervious surface, but since the configuration of the impervious surface was being altered, a variance is required.

Karpas said he recommended approval for the request based on the size of the lot, which is approximately one third the minimum required size for the R-3 District and the placement of the existing home, which was built in 1924. He noted the applicants were looking to capture a cottage feel with the remodeling of the home, which is in keeping with the character of the neighborhood.

Marta Snow spoke to the request. She said the porch addition will tie the house together architecturally and that there has been an ongoing issue with water runoff into the foundation from the flat roofed garage. She said the proposed addition would be guttered and the water will be directed away from the foundation.

Chairman Dyb opened the public hearing, hearing no public comment; the public hearing was closed.

Commissioner McKinney liked the look of the plan.

Commissioner Sparber commented that it’s unfortunate that properties like this are required to continuously go through the variance procedure, especially when the request is to build over an existing structure, with no further encroachments. He is supportive of the request.

Commissioner Nelson said there were discrepancies in the hardcover numbers, noting there are differing amounts in the applications. Ms. Snow said the higher percentage was correct and that the request will not add any hardcover. Nelson noted that a portion of the garage slab would still be in place, potentially continuing the run-off issue. He asked how the gutters were going to be run and where the water will be deposited. Ms. Snow said the hope is that the addition would minimize the impact of the runoff and the intent is to have the gutters carry the water to the rear of the property.

Chairman Dyb asked if the proposal is for a screened porch. Ms. Snow said it would be designed as a three-season porch with removal windows. Dyb said he was supportive of the request. He believes the property is unique and presents challenges to development due to its size and the placement of the home on the lot.

Commissioner Linder is supportive of the request. Although the addition would result in additional massing, he believes it would enhance the massing and massing and character of the structure.

Commissioner Werneiwski asked if the existing garage was used as a patio and if it would now be used as a walkway. Ms. Snow said it was and they did intend to use it as a walkway. Werneiwski asked if the slab was original. Ms. Snow said it was built at a later date than the house but that they’ve already had a structural engineer verify it could support the proposed addition. Werneiwski said he agrees with the comments of the other Commissioners and is supportive of the request.

ACTION: Motion by Commissioner Dyb to recommend that the City Council approve the variance request to encroach five feet into the required fifteen foot east side yard setback and to exceed the maximum permitted impervious surface area by 10.7% for the proposed porch addition, as presented at 20355 Summerville Road, based staff’s findings that a hardship exists in the size of the lot in relation to the required lot area in the R-3 District and that the request would not alter the essential character of the neighborhood. The motion is condition that there be no additional hardcover added to the property above what currently exists. Commissioner Sparber seconded the motion. Motion carried 6-0.

Variance – Stonehenge USA, 18158 Minnetonka Boulevard, C-1, 10,000 – The applicants are requesting to construct a new commercial structure on the site of the old Woody’s Mobil station. The proposed structure would encroach two feet into the required twenty-five foot exterior (corner lot) side yard setback along Maplewood Road. The applicants are also seeking a variance to exceed the maximum permitted impervious surface area by 51.5%.

Zoning Coordinator Karpas reviewed his staff report. He said the applicants were seeking to construct a new commercial structure on the corner of Minnetonka Boulevard and Maplewood Road. The applicants require a special use permit, which is a standard requirement for the development of any commercial property in the city. In addition, the applicants are seeking a two foot variance of the required corner lot, side yard setback along Maplewood Road and a variance to exceed the maximum permitted impervious surface by fifty-one percent. He said the structure would comply with the minimum required east side yard setback, the front yard setback and rear yard setback. He said the structure complied with the maximum permitted height requirements and exceeded the minimum required parking area.

Included in the overall request is a request that the city vacates a ten foot portion of a thirty-three foot right-of-way easement along Maplewood Road. The size of the building would be greatly reduced without the vacation of the easement since construction is not permitted within any city owned easement.

Karpas said he recommended approval for the special use permit and both variance requests. He said the proposed use is reasonable and that the property is unique in that the costs related to its development is elevated due to past contamination issues associated to the previous use on the site. The proposed use would be an enhancement to the neighborhood. In terms of the request to exceed the hardcover requirements, the property would essentially be un-developable due to the city’s parking requirements.

Alan Dale, 19390 Walden Trail, said his intention is to develop the property and that the structure would be owner occupied with some additional lease space available. He said, as a resident of the community, he has become attached to the property and would like to see it developed in a manner which the city can be proud of.

Gary Tushie, Tushie-Montgomery Architects, presented the proposed site plan. He said it is similar to previously approved plans in terms of orientation of the building and access. He said there are exceptions such as the ability to comply with the parking requirements and signage. He said the natural vegetation buffer along the north property line is maintained and an underground stormwater ponding system has been developed to contain any runoff to the property. Mr. Tushie discussed the layout of the building and the building exterior. He said the intent was to capture a “classical” look that would last. He presented a photo with the building super imposed showing a scaled representation of how it would look with the surrounding neighborhood. He said the building would be oriented to Minnetonka Boulevard and would have a storefront appearance, with all signage affixed directly to the structure. He said cornerstone would be placed near the top of the building.

Commissioner Sparber asked about the size of the proposed cornerstone. Mr. Tushie said it would be approximately six by three.

Commissioner Linder asked if the use would be primarily retail or office. Mr. Tushie said the intent is to house more service related uses, which are less intensive.

Dave Carland, Executive Vice President, Stonehenge USA, said the proposed structure is designed specifically to house the companies owned by Mr. Dale. He said in designing the project, he did a lot of historical research on the previous requests to try and learn from the mistakes of the past. He said it was important to orient any structure on the site to Minnetonka Boulevard for ease of access to the site. He discussed the importance of easement vacation in terms of building size. He said the requested variances are similar to those sought by and approved for Windhaven Properties. He said the major issue in the past revolved around providing adequate on site parking. He said the proposal provides the needed parking and allows for growth in the future if the use of the building changes. He said the addition of underground parking allows for the creation of a larger buffer between the parking area and the adjacent residential district. He said they held an open house to discuss the project with the neighbors and the main concern raised was the access onto Maplewood Road. He said he doesn’t believe there is a way to provide safe access directly to Minnetonka Boulevard.

Chairman Dyb opened the public hearing.

Eugene “Shorty” Liychik, 3390 Maplewood Road, said he likes the proposal. His only concern is the effect on his property from the headlights of vehicles exiting the site, especially during the winter month when there are no leaves on the trees. He believes this issue can be addressed by the placement of some arborvitae to screen the lights. Chairman Dyb asked if he had to deal with headlights with the old service station previously located on the site. Mr. Liychik said the entrance to the service station was located farther from Minnetonka Boulevard.

Kathy O’Halloran, 18273 Shaver’s Lake Drive, said she’s ready for this lot to be developed. She thinks it’s nice to have a Deephaven resident looking to develop the property. She likes the idea of having the dumpster inside the building. She understands that there will never be a perfect project for any lot. She likes the proposed drainage system. She appreciates the efforts made by the developer to maintain the buffer zone, but would like to see a fence.

Zoning Coordinator Karpas said that the ordinance requires either a solid fence or vegetative screening between commercial and residential properties. Ms. O’Halloran said it’s important to have something to serve as a barrier from lights and sounds.

Tony Frank, 3380 Maplewood Road, welcomes the development to the neighborhood. He understands the desire for privacy expressed by his neighbors.

Shawn Brady, 18254 Shaver’s Lake Road, thinks it’s a gorgeous building and it will be a great addition to the city. He has a general concern about the lack of sidewalks in the city. He is happy to see sidewalks included in this project.

Dave Anderson, Decorator’s Services, 18246 Minnetonka Boulevard, likes the project. He thinks it’s a good deal for the neighborhood.

Zoning Coordinator Karpas said he received a letter from Steven Streeter, Streeter and Associates, who was supportive of the request.

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

Chairman Dyb said he was very supportive of the request. He said a lot of work has been put into the design with special attention paid to the details like signage and lighting. He noted that the applicant submitted a lighting plan that shows very little light would leave the property. Dyb understands the concerns the neighbors have about access onto Maplewood Road, but agrees that it would be difficult to configure the building so that its access is pulled off Minnetonka Boulevard.

Commissioner Linder commented on the nine future parking sites, noting that only four additional spots are shown on the site plan. Mr. Tushie said the other five are up against the north side of the building. Linder asked if there was a way to quantify the amount of water the proposed drainage system could handle. Mr. Tushie said it is designed to capture all the water on site during a typical rainfall. He said they have been working with the Minnehaha Creek Watershed District (MCWD) to discuss other ways of contain the runoff on the property.

Commissioner Werneiwski asked if the MCWD was supportive of the stormwater system as proposed. Mr. Tushie said they were. Werneiwski asked if there were any concerns about containing the stormwater on site with respect to the potential of lingering contaminates on the property. Mr. Tushie does not believe there would be any issue with contaminates.

Dave Carland said there has been recent testing on the property and that they have submitted the site for closure with the Minnesota Pollution Control Agency (MPCA). Werneiwski asked it there would be continued monitoring during excavation. Mr. Carland said there would be someone on site during the construction.

Commissioner Linder asked about the two parking spaces shown along Minnetonka Boulevard. Mr. Tushie said those are existing spaces and not counted in their parking calculations.

Commission Nelson agrees something needs to be done with the site. He agrees the applicants have done an excellent job on their design. He asked if there would be any issue with a future business needing an outdoor dumpster. Mr. Tushie said the dumpster would remain indoors and that the garbage carriers would be able to access it and put it back in place.

Nelson asked about the storage of water on the roof and whether that would attract mosquitoes. Mr. Tushie said the water on the roof would be held for a maximum of two hours before dispersing into the stormwater storage area.

Nelson said he wants to see the development of this property done right. He noted the concerns of the neighbors about vehicle lights shining on their properties, but believe there are options to alleviate that issue.

Commissioner Sparber feels the applicant has done a good job in capturing and containing the water. He asked if the area for the nine additional parking spots would be better served as green space, which would reduce the amount of impervious surface on the property. Mr. Carland said the hard surfacing associated with those future spots served for better overall circulation on the property. He noted that two of the spots are currently a landscaped island.

Commissioner McKinney said he liked the design and was supportive of the request.

Councilmember Adams asked about the anticipated closing date on the property. Mr. Dale said it’s contingent on approval from the city but his plan was to begin construction in July and complete the project by Christmas.

ACTION: Motion by Commissioner Sparber to recommend that the City Council approve the variance request to encroach two feet into the required twenty-five foot exterior (corner lot) side yard setback along Maplewood Road and to exceed the maximum permitted impervious surface area by 51.5% for the proposed commercial structure, as presented at 18158 Minnetonka Boulevard, based staff’s findings. The approval is conditioned on the City Council granting the vacation request of ten feet of the thirty-three foot right-of-way easement along Maplewood Road. Commissioner Dyb seconded the motion. Motion carried 6-0.

NEW BUSINESS

Comprehensive Plan Update – Discuss draft copy of Comprehensive Plan revisions.

Zoning Coordinator Karpas informed the Commission that the city is required to periodically update its Comprehensive Plan. He said the plan is used as the guiding document for the future development of the city. He said, being that the City of Deephaven is fully developed, most of the changes to the plan are cosmetic.

Karpas asked Commissioners to take some time and review the plan and the revisions and bring any suggestions they may have to the June meeting. He would like to send this on to the Council for their review in July.

LIAISON REPORT

Council Liaison Adams said the Council unanimously approved the request by Jerry Sundquist for his proposed new home. The Council felt it was a nice improvement.

In addition, the Council discussed the proliferation of signs in Chowen’s Corner. The Council is looking to amend the sign ordinance to address “For Lease” signs and temporary business identification signs.

OTHER BUSINESS

The Commission expressed concern about the attendance record of Commissioner Budd. They would like staff to address the issue.

ADJOURNMENT

Motion by Commissioner Dyb to adjourn the meeting. Commissioner McKinney seconded. The motion carried 6-0. The meeting adjourned at 9:15 p.m.

Respectfully submitted,

Gus Karpas

Zoning Coordinator