01-16-2024 Planning Commission Packet

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Date Application Received: 10/30/2023 Date Application Considered as Complete: 12/07/2023 60-Day Review Period Extension Expires: 04/05/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 16 January 2024 Subject: #LA23-000062, Granite Companies LLC o/b/o Travis & Sara Wildenberg 3838 Cherry Avenue Conditional Use Permit: After-the-Fact Public Hearing Background A new home is under construction at 3838 Cherry Avenue. Variances were granted in January 2023 to allow expansions of the home within the 75-foot and average lakeshore setback areas; a variance to allow 32.6% hardcover was also approved. Resolution 7336 is attached as Exhibit H. Following demolition of the existing home, the applicant began installing rip rap under a permit from the Minnehaha Creek Watershed District (Permit 23-310, attached as Exhibit J). In the process of installing rip rap, the applicant removed the entirety of the lake slope vegetation including trees, the existing wooden lake access stair, the existing stone walls, and debris. They began installing a new stone slab lake access stair and new angular boulder retaining walls. Because the applicant had not received a permit from the City for the work on the lake slope, staff issued a stop work order (Exhibit K) and began working with the applicant to bring the property into compliance. In November of 2023, the City Council adopted Ordinance 284, Third Series (“Ordinance 284”) regarding retaining walls within the 75-foot setback from the ordinary high water level of protected lakes and tributaries. Ordinance 284 is attached as Exhibit I and provides for the installation of retaining walls within the shore setback zone as a conditional use permit. Ordinance 284 includes provisions for administrative approval for the replacement of existing walls meeting certain standards. The applicant has provided a landscape plan and a cross-section drawing to illustrate the placement of the new walls. According to the newly adopted code, the applicant should provide documentation demonstrating that the existing walls and or slope were failing, as well as a plan showing that the new walls will not exceed 4 feet in height and will be in the same location as the existing failing walls. Application Summary: The applicant is requesting after-the-fact approval of a conditional use permit to construct new and replacement retaining walls on the lake yard slope within the 75- foot setback from the OHWL. Staff Recommendation: Planning Department Staff recommends tabling the application; the applicant should provide the additional plan information requested. 11