Deephaven planners recommend approval of permit to exceed hardcover for Azure Road home after drainage mitigation

The Deephaven Planning Commission voted 4-0 on July 16 to recommend the City Council approve a conditional use permit allowing a new house at 18875 Azure Road to exceed the city's hardcover limit by 7.6 percent, contingent on stormwater mitigation described in staff plans.

Planning Director Pat Smith presented the staff report, saying applicants Jason and Megan Skolak propose replacing an existing 1940 house and removing a nonconforming detached garage to build the new residence. Smith said the City Engineer reviewed and approved the grading and stormwater-management plans that accompany the application.

Builder Dan Scholtec told commissioners the project would keep the trees on the west side of the lot but would remove three other trees; he said the proposed infiltration trench in the southwest corner would capture runoff from portions of the roof and backyard. Schlotch{"e}l (as recorded) stated the proposal reduced the site's effective hardcover to roughly 24.8 percent and later characterized it as closer to 23.5 percent after a larger trench was proposed.

Neighbors raised concerns about localized drainage. Tim Babatz, who lives at 18905 Azure Road, said soil on his lot "does not drain very well" and that he "would rather have it all go to the street" than back into the backyard. Councilmember Steve Erickson, speaking from the audience, said there had been standing water behind the subject house and that the new design should resolve that problem. Chair Mike Petersen noted the proposed work would reduce runoff to the neighboring lot by about 70 percent and would also decrease the amount of water reaching the lake.

Other public commenters questioned house size and construction impacts. Steve Schlotthauer said a 2,900-square-foot house was reasonable for the neighborhood. Jeff Hafner urged reliance on natural infiltration, saying "natural systems perform better than mechanical systems" and warned that construction equipment can compact soils and reduce infiltration capacity. Neighbor Tracy Babatz asked why full building plans were not mailed to all neighbors; Smith explained that packet mailings are tailored to the specific issue before the commission (for a CUP addressing hardcover and drainage he sends drainage plans to neighbors) and that mailings are limited by size and weight.

After deliberation, Chair Petersen moved and Commissioner Kendall Carlson seconded a motion to accept staff findings and recommend approval of the CUP as presented; the motion carried 4-0.

Votes at a glance: the commission approved minutes of June 18, 2024 (motion by Chair Petersen, seconded by Commissioner Donlin, 4-0), recommended approval of the conditional use permit for 18875 Azure Road (motion by Chair Petersen, seconded by Commissioner Carlson, 4-0), and adjourned the meeting (motion by Commissioner Carlson, seconded by Commissioner Nafstad, 4-0).

The commission's recommendation goes to the Deephaven City Council for final action at a later meeting; no City Council decision was recorded in the Planning Commission minutes.