09-16-2019 Planning Commission Packet

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FILE#LA19-000069 16 Sept 2019 Page 9 of 10 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 provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit C, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis The City adopted ordinances over the past few years to address inadequacies in the small, and/or narrow existing properties, and disproportionate distribution of lot area within the 75- foot setback for hardcover on Tier 1 lots. On Crystal Bay Road, Staff finds practical difficulties inherent to the size and shape of the lot, and location of the roadway and lake affecting the property which justify the variances allowing development and redevelopment. However,the applicant is proposing redevelopment on this property at a scale which is unsupported by practical difficulties, and is far beyond what is reasonable for the property and neighborhood to support. In particular,the proposed plan for 49.6% hardcover and 31.1% structural coverage far exceeds the reasonable flexibility allowed by variance from a staff perspective. In fact, staff finds the proposed structure and hardcover levels do not reflect sensitivity to the neighborhood character or community goals established by ordinance. Engineer Comments The City's Engineer has reviewed the proposed plans and makes the following comments (reference L201 Grading and Drainage Plan). 1. Plans depict a retaining wall and some monuments immediately adjacent to the travel way(pavement)of the road. The wall, if needed, should be set back 10 feet from the edge of pavement. This setback is required for traffic safety,street maintenance operations, and to avoid impact on the water main located at the edge of pavement. 2. It appears the drainage design will utilize underground infiltration (French drains). Applicant should provide the calculations used to size the system. Also a detail of the French drain should be included in the plan set. 3. The drainage system appears to have drain tiles running though the root system of a large tree that is supposed to be saved near the road in the 75 foot setback. Also the proposed retaining wall appears to cut through that tree's root system. 4. Prior to building permit review, the site plan should be updated to show all existing utilities in accordance the city survey and site plan requirements. 5. The current haul route for the 1120 CYs of soil is shown using city streets within Minnetonka Beach. This should be coordinated with Minnetonka Beach. 6. Based on the amount of soil removal and proximity to the lake, a complete stormwater pollution prevention plan will be required as part of the building permit review.