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A RfcSOLtJTION GBANTIMG &PTER-THE-FACT VARIANCE TO^ moSicipal zoning code^ <;OBDIVlSION 2 AND SECTION SOBDIVISION 8»SECTION 10;”' ??5®the-pactPILE #1481 "the <br />EAS, Gerald ^ ra“d <br />„\rhin“rhe city o£ Orono .hereinafter <br />,edaa follows. Hennepin county, <br />Eegistered hand = l[ty): and <br />(hereinafter the P ,,,etion to the city <br />.\^i%TrP^Xlne lrctlo"n p: iu^i=‘re no <br />'of grading lake® o <br />,ork is normax y Council of <br />e, QV TT resolved by the City , thereporEe be it R <br />Ota: <br />findings <br />reviewed as Zoning File *1481. <br />application vO ated <br />:/^-id\‘n\iil zoning oistrict. ^ <br />Ohono Planning fTna^^-o^Vn^ea e%'ndu'ionri“use <br />\Ve P-^er/Ja^Ii'n%"“ 0-75' laheshore <br />for excavation J3 9 findings: <br />aed upon the following ahoreline of the <br />AS a ts="l\“\Ja‘ns'po?t'’ing ^PPl-^'^ing" r‘u’’ts “nd <br />a°/a g eV't h e"l a he sho r e^ F ''ege » Ve°g"ul r ed" h? <br />-3s <br />o its origin rip-rapoing work, <br />oppletion of the rip <br />B) As part of the rip-rapping project, the applicant was required to maintain drainage through the rip—rap via a draintile, which was a necessary part of a swale system required in the 1975 subdivision approval that created this lot. The conditions of that subdivision approval required that a swale be maintained generally along the west end of the property to continue drainage towards the lake from the neighboring property from which the lot was split off. Such a swale has always been in place, and was required to be maintained in a functional manner. Grading within 20' of the shoreline was necessary to maintain proper elevations for the discharge tile line through the rip-rap. This grading work was not brought to the attention of City staff until after the rip-rapping project was underway.C) In conjunction with remodeling of the pre-existing <br />residence on the property, applicants constructed a <br />basement access door at the west end of the house. <br />While a review of the plans later indicated that this <br />door had been proposed, no grading plan accompanied <br />that plan to indicate that outside grade changes would <br />be proposed or necessary. <br />In order to accommodate gravity drainage away from th^h <br />basement level doorway to the adjacent swale area, the <br />swale was lowered at the vest end of the house <br />approximately 3', in the 75-250* zone. the J5 <br />setback line, the swale was lowered approximately l <br />from its pre-existing condition to accommodate drainage <br />from this doorway. As the swale headed nearer the <br />shoreline, the extent of grade elevation changes in the <br />0-75' zone decreased to a few inches. <br />D) The Planning Commission found that the impact of <br />the deepening of the swale in the <br />described above is minor. The grading does not <br />redirect drainage on the property, but maintains the <br />pre-existing drainage pattern which was required to be <br />maintained when this lot was subdivided. Furthermore, <br />lowering the pre-existing swale by one foot or less in <br />the 0-75' zone to accommodate gravity drainage away <br />from the basement access door would be preferable to <br />requiring the applicant to crib an area near the <br />doorway leaving a stairwell that could cause potential <br />basement water problems. <br />Page 2 of 6 <br />Page 1 of 6 <br />J