05-09-2022 Council Packet - Laserfiche WebLink

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1. LA22-000014 Zehnder Homes, Inc. – Eric Zehnder, 940 North Arm Drive, requests an average lakeshore setback variance in order to construct a pool, patio, and retaining wall to the lakeside of the home. Eric Zehnder, Applicant, was present. City Planner Oakden gave a report on the item, noting the Applicant is requesting an average lakeshore variance (ALS) to elevate the grade over 42 inches in height. A new home is being constructed on the property and the lot has a large sloping yard on the side of Lake Minnetonka. In 2001 a previous owner removed an existing home and did not restore that grade after removing the basement level leaving a large depression in the sloped lake yard. The Applicant is proposing a pool, patio, and retaining wall to the lakeside of the home forward of the ASL. These improvements are proposed to be about 11.5 feet above existing grade. Oakden showed elevations on screen. The Applicant has identified the grade left from the previous removal of the home as well as the sloped lake yard as practical difficulties; Staff finds the grade is a unique challenge to the property and not created by the current homeowner. The proposed project will create a more natural grading pattern similar to neighboring properties. However the property owner can install these improvements without elevating the grade by lowering the proposed pool and patio by using stairs to access the space from the walkout basement of the house. Elevating these improvements is seen as convenience and not necessary for the use of the property. Staff can support a variance to fill the hole left by the previous owner and use the 956 elevation contour as an estimated natural grade. Staff is challenged finding practical difficulties to support raising the grade 8 feet above the 956 elevation. Planning Staff recommends denial of the application. Eric Zehnder, Zehnder Homes, 10300 Tenth Ave N, Plymouth, noted they are not proposing the 11 foot difference in the Staff report. He understands the existing grade, and said if it had been backfilled correctly to begin with they would be at the 956 elevation and would not need to get a variance to go up to 959.5. In his eyes the variance they are asking for is only 4.5 feet from what would be allowed by ordinance if it was backfilled correctly. Mr. Zehnder noted no one came out against the application, the neighbors to the north are fine with it; the neighbors to the south winter in Florida and he has not had a chance to talk to them about it yet. McCutcheon is looking at the contour lines with the neighbors and it seems that they align. When Mr. Zehnder says “backfilled correctly” how far towards the lake is the backfill? Mr. Zehnder showed the contour lines on screen noting where the basement was dug out. He stated if they had backfilled the basement to meet existing grades they would have been a nice level 956 all the way across and then they would be at 959.5’ without even asking for a variance and to go up to 964’ is much less of a variance than it seems to be right now. Oakden noted the existing grade as it sits today, the elevation is 952.5and the proposed top of the patio is 964 which is where the 11.5 feet from today’s grade to what they are proposing comes from. The Applicant is talking about the natural grade, that Staff is supportive of, which is at the 956 and if the previous homeowner had backfilled and followed the contours of the neighbor’s slope, 956 should be the natural grade. Unfortunately because the old home’s basement was not graded out it is much lower than what the neighbors have. Ressler asked if the Applicant has any surveys of the grade for neighboring properties to set the expectation that the natural slope should support the 968? Whether it is a big or little variance it needs to be supported and to use as an example that there is precedence of neighboring natural slope being at 964.