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The house construction proceeded following approval for the variances. The topo information that <br />was used to obtain the variances was based on city topo maps which are drawn from aerial photos. <br />These topo maps can be off on an individual zoning lot by 2'. It was discovered during construction <br />that the topo maps did not reflect the actual elevations on site. Fill from the excavated basement was <br />used to elevate the site to provide for a lakeside walk*out. During the footings inspection it was <br />determined that there would not be adequate room to back oiif of the three car side-loading garage. <br />The Building Inspector instructed the builder to reduce the elevation of the garage floor because <br />there was a 5 foot difference between the grade at the floor level and the southerly property line. <br />It was apparent that a 5 ft. difference in grade over approximately 25 ft. of driveway would cause <br />access problems for the garage. <br />The garage floor is currently proposed at the 959 elevation and the southerly property line is <br />proposed at a 956 elevation. A 3' grade change is an improvement over the 5' change that was <br />originally planned due to inaccurage topo maps. <br />In order to increase the si re of the driveway, the applicants are asking for a conditional use permit <br />to grade within 2' of the southerly property line to construct a retaining wall approximately 2.5' to <br />3' in height. Grading within 5' of the property line requires a conditional use permit. If the <br />applicante chose to build a retaining wall 5' from the property line and less than 42’ in height it would <br />not require a conditional use permit for grading nor a side yard setback as the retaining wall would <br />be considered a non-encroachment and grading would be considered normal and customary.. <br />As proposed, the retaining wall 2’ from the property line provides approximately 24' of driveway <br />between the garage doors and wall. If the retaining wall was constructed 5' from the property line, <br />the driveway would be 21’ in width from the garage doors to the retaining wall. Turning of vehicles <br />will be difficult at either length as 30' is recommended for driveways serving a side-loading garage. <br />The City Engineer has reviewed the plan and indicated that 10' is usually recommended along side <br />yards for drainage. City subdivision regulations require a 5' drainage and utility easement along each <br />internal lot line. This provides for a 10' wide drainage and utility easement between all lots. The <br />recommended 5 distance is in accordance with City policy. Grass is also recommended in the <br />drainage swale rather than rock mulch. <br />Pertinent Ordinances <br />Section 10.25, LR-IC One Family Lakeshore Residential District <br />Section 10.03, General Provisions, Subd. 19. Prohibitions and Subd. 21. Exceptions <br />U2290 Elaine and Sieve Silus <br />3235 Casco Circle <br />Conditional Use Permit <br />1 1/17/97 <br />page-2