DEEPHAVEN PLANNING COMMISSION

TUESDAY JULY 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 Barbarajean Brandt, Walter Linder, Jeff McKinney Warren Nelson and Bob Werneiwski

ABSENT: Commissioner Josh Sparber

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

MINUTES OF June 19, 2007

Motion by Commissioner Linder, second by Commissioner Dyb, to approve the minutes of June 19, 2007 as presented. Motion carried 4-0-2. Commissioners Brandt and Werneiwski abstained.

PUBLIC HEARINGS

Variance – David and Ruth Duffy, 18605 Northome Boulevard, R-3, 20,000 – The applicants are requesting to demolish an entry ramp and construct a new front entryway addition within the required front yard setback. The requested variance is to encroach fifteen feet, four inches into the required thirty-five foot front yard setback.

Zoning Coordinator Karpas reviewed his staff report. He said the request was to remove the existing ramp and construct a new covered front entryway. Part of the project would alter the existing front roofline in order to tie in to the addition. The proposed addition would comply with the other required setbacks in the zoning district and comply with the maximum permitted height.

The request is to encroach fifteen feet, four inches into the required front yard setback.

Karpas said he recommended approval for the request based on the need to replace the existing entrance ramp, that there were no design alternatives available to the applicant due to the placement of the home and that the request would not alter the essential character of the neighborhood.

Ruth Duffy spoke to the request. She said the existing ramp has been on the home since they purchased it and is deteriorating. As part of the project the roofline would be altered. The existing roof is in need of repair. She said the existing entryway go towards the east of the home. The new entryway would exit towards the front of the home. She said the current entryway has caused confusion in the past since it points towards their neighbor’s driveway giving the illusion that it is a shared driveway, requiring their guests to back out of the driveway.

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

Commissioner Werneiwski said he liked the proposal and said it looks like a nice addition. He agrees with staff’s recommendation.

Commission Linder thinks it’s a great addition and noted there would be no further encroachment into the front yard.

Chairman Dyb supports the request. He believes the placement of the existing home creates a practical difficulty.

Commissioner Nelson thinks the proposal is a good update for the home and believes there is a hardship in Minnesota for properties that do not have a covered entryway.

Commissioner Brandt said she liked the addition. She asked about the placement of the pillars and stairs. Ms. Duffy said the pillars would be located in line with the home and that the stairs were uncovered. Zoning Coordinator Karpas commented that stairs are permitted to encroach into required setbacks. Brandt said the addition looks nice.

Commissioner McKinney was in favor of the request.

ACTION: Motion by Commissioner Dyb to recommend that the City Council approve the variance request to encroach fifteen feet, four inches into the required thirty-five foot front yard setback for the proposed front entryway and roof alteration, as presented at 18605 Northome Boulevard, based staff’s findings and that a practical exists in the placement of the existing structure on the lot and that the circumstances causing the need for a variance are not created by the homeowner. Commissioner McKinney seconded the motion. Motion carried 6-0.

NEW BUSINESS

Draft Sign Ordinance – Discuss draft copy of new sign ordinance.

Zoning Coordinator Karpas said the proposed changes merge the existing ordinance with a model sign ordinance developed by the League of Minnesota Cities (LMC) in response to recent First Amendment challenges to some local sign ordinances. He said the proposed ordinance clarify the regulations in terms of Commercial and Non-commercial speech. It does not address, specifically, the issue of lease signs, but the language can be amended to include such regulation.

Karpas said the ordinance has been in front of the Council and that he was in the process of making changes based on their comments. He noted the concern was raised regarding regulation of obscene speech or speech inciting unlawful activity, which is not currently covered in the ordinance. He said he is working with the LMC to develop regulatory language for those issues.

Councilmember Adams said he is looking for ways to regulate a sign’s content when it comes to obscene speech and the like without infringing on an individuals right to free speech.

The Commission discussed the issue of leasing signs in the commercial district. Some suggestions included requiring a permit, like those issued for temporary signs, and limiting the placement of leasing signs to the façade of the building. Zoning Coordinator Karpas said that he received a number of calls from commercial property owners concerned about the ability to advertise their vacant space. Commissioner Linder's suggested that a limitation on the size of a lease sign could be implemented to minimize the visual effect. He said that individuals seeing the signs as they drive by may not be the primary source of advertising space nowadays.

Chairman Dyb discussed the temporary signs placed on the boulevard in Chowen’s corner. He said those signs are the ones he hears the most complaints about. He also discussed interior illuminated signs that are visible outside the structure. Commissioner Brandt asked it the term illuminated included pixel signs. The Commission felt that illuminated interior signs should be regulated the same way as exterior illuminated signs in that they would have to be turned off nightly at the end of the business day.

The Commission discussed some duplication in the definitions and selected the model ordinance language over the existing ordinance’s language in defining “signs” and “window signs”. There was suggested language changes in the definition of some terms. It was also noted that many of the terms defined, such as monument sign, were not regulated in the ordinance. There was a question on the need for a definition when there were not specific regulations. Zoning Coordinator Karpas said the city has a choice to make in that case, they could either delete the definition or create regulations to address them.

Councilmember Adams asked the Commission how they would like to proceed. He said the Council could take their comments and enact the ordinance, or that they could review the ordinance again before passing it on to the Council. Some Commissioners felt that the Council should act on the ordinance so there is something in place and it could be amended as needed at a later date. Other Commissioners wanted to see the ordinance again prior to passing it on to the Council. It was determined that the ordinance would come back to the Commission.

Zoning Coordinator Karpas said he would continue to work with the LMC to address the issues of obscene and unlawful speech and inquire about further regulatory language for those definitions not specifically addressed in the body of the ordinance. Commissioner McKinney suggested asking them about regulation of lease signs. Karpas said he would work on the changes and bring the ordinance back.

LIAISON REPORT

Council Liaison Adams said the Council reviewed three requests acted on by the Planning Commission. He said the Council unanimously accepted the recommendations to approve the special use request by St. Therese and the variance requests by the Weibels and Meixners.

ADJOURNMENT

Motion by Commissioner Dyb to adjourn the meeting. Commissioner Werneiwski seconded. The motion carried 6-0. The meeting adjourned at 8:03 p.m.

Respectfully submitted,

Gus Karpas

Zoning Coordinator