07-10-2023 Council Packet - Laserfiche WebLink

Home Browse Search

Date Application Received: 05/15/2023 Date Application Considered as Complete: 05/19/2023 60-Day Review Period Expires: 07/18/2023 To: Chair Bolis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: June 20, 2023 Subject: #LA23-000023, Bob Renaud with Minnesota Green o/b/o Brent Longval, 1856 Shadywood Road - Variance, Public Hearing Background The subject property has an existing, aging timber wall supporting an oak tree within the 75-foot lake setback. This tree is located along the property line between the subject property and the neighbor to the south, 1860 Shadywood Road. The timber wall is failing due to rot and the applicant has proposed a new boulder wall in a similar footprint and height in order to continue supporting the large tree. Due to the change in wall materials the wall is not an in-kind replacement a setback variance is required. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the failing retaining wall and protection of the existing tree as practical difficulties supporting the requested variance. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Staff finds the existing condition of the retaining walls as practical difficulties which support the variance request. The new retaining walls would support and protect the existing tree serving both the subject property and the neighboring property. Vegetative screening should be provided to preserve the natural vegetated view from the lake. Additionally, due to the location of the wall written permission from the abutting property owner must be submitted with the permit if any construction or grading work is outside of the property boundaries. LOT ANALYSIS WORKSHEET Section 78-1279 – Setbacks: The existing timber retaining walls support a large oak tree along the southern property line. The wall is located approximately 8 feet from the OHWL and roughly 3 feet tall. The proposed retaining wall replacement will consist of boulder outcrop walls and will be in a similar location, maintaining the approximate 8-foot setback from the OHWL. No retaining walls are permitted Application Summary: The applicant is requesting approval of a lake setback variance in order to reconstruct a retaining wall in the lake yard with different wall materials. Staff Recommendation: Planning Department Staff recommends approval.