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TO: <br />» <br />Planning Commission <br />PROM Michael P. Gaffron, Assistant Zoning Administrator <br />DATE August 10, 1984 <br />SUBJECT: 1854 G. Robert Johnson, 1981 Fagerness Point Road <br />Conditional use Permit - After-the-fact <br />Application - Conditional Use Permit to construct retaining walls <br />within 75* of the lakeshore <br />List of Exhibits <br />Exhibit A <br />Exhibit B <br />Exhibit C <br />Exhibit D <br />Exhibit E <br />Application <br />Plat Map <br />List of Property Owners <br />Survey Submitted <br />Plans Submitted <br />This is an after-the-fact application to place retaining walls <br />("planters'* according to the applicant) and steps within 75* of the <br />lakeshore. The walls and steps are in place now and were constructed <br />without City review or permits. <br />A short synopsis of this project follows: The City issued a permit for <br />101.4 feet of rip-rapping to Bill Niccum of Minnetonka Portable <br />Dredging Company for this address on September 22, 1983. The <br />application noted only 30* would be rip rapped at this time, no time <br />frame stated for completion of the rest. <br />Early this summer staff was notified by a Planning Commission member of <br />the apparent violations of tree cutting within 75* of the lake and <br />construction of retaining walls. Staff's subsequent investigation <br />revealed 2-24’*+ stumps which appeared to be rotting and if recently <br />cut, must have been dead trees. stumps greater than 1/2-2“ <br />diameter were apparent on the slope. It is not known whether any <br />larger trees were cut and stumps removed at the crest of the hill. The <br />rwr.er states that only sm^ill brush was removed from the slopes in order <br />*‘ree what was there*'. As of today there appears to be roughly 50 <br />pe» fc w*nt co’.er again established over the slope. There is no evidence <br />of erosion of the slope occurring. <br />Retaining walls (“planters") and steps had also been constructed. <br />The owner stated that he had been told by his contractors that all <br />required permits had been obtained. The retaining walls are located <br />on the approximate center of the shoreline, made of 6" timbers. I <br />would estimate the hardcover at about 250 sf including steps and tops of <br />planter timbers, or about 3 percent in the 0-75* zone. <br />The steps are obviously necessary in order to have access to the dock. <br />Note however that this property also has a large dock southeast of <br />Fagerness Point Road with relatively level lake access.