11-20-2023 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION October 16, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 11 Nye said as proposed it would be about six feet from the property line. The side-yard setback variance is not needed if they drop the outdoor kitchen. Libby asked if there would be space to move the wall so the applicant could still have the accessory kitchen. The applicant said moving it that close to the house doesn’t make any sense. Ressler said he would not support a six-foot wall but a fence would be acceptable at a height of six feet. McCutchen moved, Schultze seconded, to recommend approval of LA23-000059, 980 Tonkawa Road, Variance for Average Lakeshore Setback removing the outdoor kitchen. VOTE: Ayes: 5, Nays 1 (Ressler). 7. LA23-000054 TEXT AMENDMENT WITHIN CHAPTER 78 WHICH CONTEMPLATES THE ALLOWANCE OF RETAINING WALLS WITHIN THE SHORE SETBACK ZONES Community Development Director Oakden explained the City Council processes many variances for retaining walls within the lakeshore setback every year. The Council directed staff to review the current regulations relating to retaining walls and determine of if any amendments to the City Code should be considered. City Staff presented information to the Council at the April 24, 2023 and May 19,2023 work sessions which included general background information, examples of different types of walls and wall construction, guidance from the Comprehensive Plan, DNR and other lake area communities. Currently, the City Code prohibits retaining walls within the shore setback. The required shore setback for Lake Minnetonka is 75-feet. The strict prohibition presents multiple challenges for residents who are working to repair or replace failing walls or to address erosion issues. The current regulations do not provide any guidance for best practices regarding material, methods, or screening of walls. Staff recommends the Council amend the City Code to create an administrative process and a conditional use permit process to permit retaining walls within the shore setback on properties with specific conditions. Additionally, clarification to the definition of retaining walls and elimination of redundancy within the City Code will be achieved with the proposed ordinance, she said. The ordinance would allow for an administrative permit under some conditions and a conditional use permit process for others. To obtain a CUP it would require a public hearing and professional engineering. This would include new walls or walls with significant changes. Swapping out material on an existing wall up to four feet within the 75-foot Lakeshore Setback could be accomplished with the administrative permit. Chair Bollis opened the public hearing on the proposed ordinance revision at 8:39 p.m. There were no public comments. Chair Bollis closed the public hearing at 8:39 p.m. Bollis said he felt this was a needed change as retaining walls built in the 1970s are beginning to fail and new materials and techniques are now available. It would be good for residents to be able to address more of these with an administrative permit.