08-17-1987 Planning Packet - Laserfiche WebLink

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K \\\\ II* ^ WESTWOOD PLANNING & ENGINEERING COMPANY The Honorable Mayor, City Council and Planning Commission City of Orono P.0, Box 66 Crystal Bay, MN 55323 RE: Todd Waters/Oori Molitor Residence 3061 c<- Point Road City Zrning File #1129 Dear Mayor, Council and Planning Commission: In February of 1987, Todd Waters had madp application for variances relating to hardcover, average lakeshore setback, structure in the 0-75’ setback and requested relocation of a sanitary sewer line to accomodate construction of a new home in the same location as an existing structure. The Planning Commission and Council approved these requests in April and May, 1987 respectively. A building permit was then issued with both the City and Applicant/Owner assuming that all necessary permits and approvals were received. An approval oversight was discovered after building construction charted, footings were placed and walls started. The p'*. ^.'^sed intent, as shown on the building plans originally submitted for approv.il, was to construct a walkout from the basement level on the lake side of the new house. Since the new house has a first floor elevation essentially the same as the original house and since the original house did not have a lower level walkout to the lake, it was necessary to excavate a portion the steep 15- 17 foot bank and yard adjacent to the lake within the 0-75 foot setback. This is prohibited within Section 10.55; Subdivision 8 of the Flood Plain and Wetlands Management section of the Zoning Ordinance where if states "... (No) grading ... excavation,... shall be allowed., on any land within 75 feet of the ordinary highwater elevation of any lake shoreli le..This same section though does go on to indicate that this type of grading and excavation could be permitted "...if such activity (being no excavation) upon those adjacent areas incompatible with the policies expressed in this secHon..." At this time, the construction on the building is continuing but work has stopped 0!i the yard grading adjacent to the lake. Rough site grading was basically complete when work stopped and is as shown on grading plans prepared for Todd Waters (7-7-87) and Jack Dennis (7-9-87; the adjacent neighbor to the north at 3055 Casco Point Road). A straw bale ai'xe has been placed adjacent to the lake to control site runoff and sedimentation until this variance proposal to allow the excavation is resolved. The reasons for grading and excavation are both subjective and well founded on good engineering practice. There was a desire to develop a more useable yard area adjacent to the lakeshore a less steep and safer lakesr.ore access route would be provided by flattening the grade to the low^r walkout level. BS;75 fD.’NtUU) 'K SING, UflO 'KLYN PARK ‘MNNESOTA S5443 4.4 0B67 (Business Of(ice) 74(5 WAV/AT A fJOUltVAHD GT LOUIS PARK. MINNESOTA S5426 <61 2i S4f*0*lS