02-11-2019 Council Packet - Laserfiche WebLink

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FILE #LA18-000102 22 Jan 19 Page 6 of 7 standard requires that the proposed grading and improvements must not substantially impair the use and enjoyment of the properties in the area when compared to the impairment or impact of generally permitted uses. The result of the proposed grading will not change the intended residential use of the Property so there should be no change in the use and enjoyment of adjacent properties resulting from the export of fill materials. However, activity of importing approximately 315 cubic yards of fill and active grading of the Property during construction can have a temporary adverse impact on neighbors. The grading work on the Property as well as the forthcoming construction of the proposed home could result in additional noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 6) The use will not impose additional unreasonable costs on the public; the will be responsible for keeping debris off of the public roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. The grading and construction project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 7) The date or event that will terminate the use can be identified with certainty; the conclusion of the grading activity will coincide with the finalization of the construction of the proposed home on the property. An as-built survey will be submitted to confirm conformance with the approved grading plan at the closing of the permits. 8) And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. The conditions of approval will be documented as required. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties & Interim Use Permit Analysis Staff finds practical difficulties inherent to the property’s shape, size, and orientation which support the requested variances for lot area, lot width, and average lakeshore setback, and possibly hardcover to some extent based on the length of the driveway and the shape of the lot. Regarding the IUP, the proposed plan conforms to the standards of IUP review, the grading activity will be tied to the building permit. Engineer Comments The grading plan will be given a cursory review prior to the City Council’s review of the application and thoroughly at the time of the building permit. Public Comments