05-13-2024 CC Agenda Packet - Laserfiche WebLink

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Date: May 13, 2024 Item: 13 Presenter: Melanie Curtis, Planner Section: Consent Agenda Title: #LA23-000062, 3838 Cherry Ave, After-the-Fact Conditional Use Permit - Resolution No. 7477 1.Purpose: The applicant is requesting consideration for after-the-fact approval of a conditional use permit to construct new lakeside retaining walls and a lake access stair, requiring walls. 2.MN§15.99 Application Deadline: The application was received on October 30, 2023, and considered to be complete on December 7, 2023. The 60-day review period was extended once by staff and has been extended an additional 60-days at the request of the applicant. The review timeline will now expire on June 4, 2024. 3.Background: Construction on the new home began in October of 2023. Following the demolition of the existing home, the contractor began installing rip rap under a permit from the MCWD. While installing rip rap, the contractor removed the entirety of the lake slope vegetation including trees, the existing wooden lake access stair, the existing stone walls, and debris. In addition to the rip rap work, they began installing a new stone slab lake access stair and new angular boulder retaining walls. Because the City had not issued a permit for the work on the lake slope, staff issued a Stop Work order and began working with the contractor to bring the property into compliance. This application was reviewed at the January 16, 2024, and April 22nd Planning Commission meetings. The homeowner and contractor were directed to provide additional supporting documentation from a professional engineer regarding the proposed retaining walls and slope stabilization. The staff reports for each meeting (linked above) contain a full background and detailed analysis of the proposal. Analysis of an after-the-fact condition is challenging as some of the factors for evaluation can be missing or altered. In this situation, the owner has provided photos and a survey providing some detail about the slope and pre-existing walls before their removal. According to the owner's engineer, the proposed new walls in the proposed configuration are necessary and are placed similarly to the previously existing walls which were failing. The owner has demonstrated that the proposed plan is necessary to replace an aging wall system. The new walls and proposed landscape plan should sufficiently stabilize the slope. 4.Planning Commission Vote and Comment: On April 15, 2024, the Planning Commission voted 7 to 0 in favor of approval of the after-the-fact conditional use permit for the lakeside retaining wall improvements. 5.Public Comment: Staff has received phone calls from interested neighbors with questions about this project. No comments have been submitted. AGENDA ITEM 94