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AGENDA ITEM <br />Prepared By: NAN Reviewed By: LLO Approved By: RJO <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1. Purpose. This application is requesting to reconstruct a retaining wall within the 75-foot lake yard <br />with a different material. <br /> <br />2. MN§15.99 Application Deadline. The application was received on May 15, 2023 and considered to <br />be complete on May 19, 2023. Therefore the 60-Day review period expires on July 18, 2023. <br /> <br />3. Background/ Summary. The subject property has an existing timber wall supporting an oak tree <br />within roughly 8 feet from the edge of Lake Minnetonka. The timber wall is failing. The applicant is <br />proposing to replace the timber wall with a boulder wall which would slightly expand the footprint. <br />Retaining walls are not permitted within the lakeyard and a change in material eliminates the opportunity <br />for an “in-kind” replacement. Therefore, a setback variance has been requested. <br /> <br />4. Planning Commission Vote and Comment. On June 20, 2023, the Planning Commission held a <br />public hearing, no comments were made. The Commission reviewed the application and discussed <br />support for the change in material. The Commission voted 5 to 0 on a motion to approve the requested <br />variances as applied with the conditions recommended by staff. <br /> <br />5. Public Comment. The applicant has provided neighbor acknowledgment forms including from the <br />neighbor at 1860 Shadywood Road who is directly impacted. No other public comment has been <br />received. <br /> <br />6. Staff Recommendation. Staff recommends approval of the proposed variance with the following <br />conditions: <br />a. Additional screening of walls be implemented to preserve the natural vegetated view <br />from the lake where feasible. <br />b. All work must be contained to the subject property. Permission must be submitted with <br />the building permit from the abutting property owner if any construction or grading is <br />proposed outside of the boundary. <br /> <br />COUNCIL ACTION REQUESTED <br />Motion to adopt Resolution No. 7381 <br /> <br />Exhibits <br />A. Draft Resolution No. 7381 <br />B. Proposed Plans <br />C. Draft PC Minutes 6/20/2023 <br />D. PC Staff Report 6/20/2023 <br /> <br />References <br />PC Exhibits 6/20/2023 <br />A. Application <br />B. Practical Difficulties Form <br />C. Narrative <br />Item No.: 9 Date: July 10, 2023 <br />Item Description: LA23-000023 – Bob Renaud with Minnesota Green o/b/o Brent <br />Longval, 1856 Shadywood Road, Variance – Resolution No. 7381 <br />Presenter: Natalie Nye <br />Planner <br />Agenda <br />Section: <br />Consent Agenda