06-17-2024 Planning Commission Packet

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Date Application Received: 04/24/2024 Date Application Considered as Complete: 05/20/2024 60-Day Review Period Expires: 07/19/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 17 June 2024 Subject: #LA24-000026, Gregg Steinhafel, 2265 and 2285 North Shore Drive, Interim Use Permit – Material Import/Grading Public Hearing Background The applicant is currently seeking approval from the Lake Minnetonka Conservation District (LMCD) and Minnehaha Creek Watershed District (MCWD) to conduct dredging within the perimeter wetland and bed of the southeast bay (referred to herein as “Grandpa’s Bay”) within Lake Minnetonka. The goal of the proposed dredging project is to create/improve a navigable channel to access their dock area. The applicant plans to dewater the approximately 2,900 cubic yards of spoils off-site. The dewatered spoils materials will be returned to the site and used to create 4-foot-tall berms on the northern portion of the properties along North Shore Drive. The remaining material will be spread thinly in the adjacent areas (reference Exhibit D). The applicant requests an Interim Use Permit to utilize the spoils material on the properties abutting North Shore Drive (2265 and 2285 North Shore Drive). Note, the approximate 11-acre (each) properties at 2165 North Shore Drive and 2385 North Shore Drive, also owned by the applicant, are not involved in the project. Applicable Regulations: Interim Use Permit (Section 78-1726) An Interim Use Permit (IUP) is required when substantial land alterations are proposed that are not associated with a construction permit. For lots greater than 5 acres in area, a project that disturbs over 20,000 square feet of area, results in more than 5,000 cubic yards of imported/exported material, and/or includes stockpiling of material for more than 180 days requires an IUP. The dredging project will produce approximately 2,900 cubic yards of material to be utilized on the combined 46-acre site. The wetland areas and existing driveways will not be impacted. Interim Use Permit Analysis Staff finds the proposed project purpose and scope are reasonable. The City Engineer has reviewed the project and provided comments (Exhibit F). The project will be reviewed again at the time of the administrative grading permit. According to Code Section 78-1726, an interim use permit may be granted if the city council determines that the use will comply with the following: 1) The use is allowed as an interim use in the applicable zoning district; Grading activities are permitted within the LR-1A Zoning District. This criterion is met. 2) The use will not delay anticipated development or redevelopment of the site; The grading activities will not impact future site development. This criterion is met. Application Summary: The applicant requests an Interim Use Permit to import approximately 2,900 cubic yards of dredging spoils to the site to create berms on the north portion of the properties. Staff Recommendation: Planning Department Staff recommends approval. 73