09/19/2005 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 19,2005 6:00 o'clock p.m. NEW BUSINESS 7. #05-3145 ICO LANDSCAPE LLC ON BEHALF OF ROBERT AND VICKY NELSON,679 MINNETONKA HIGHLANDS LANE, CONDITIONAL USE PERMIT,9:29 P.M.—9:35 P.M. Robert Nelson, Applicant, and JD Nelson, ICO Landscape,were present. Gundlach stated the applicant is requesting a conditional use permit to allow land alterations consisting of retaining wall replacement within 75 feet of the ordinary high water of Lake Minnetonka and a hardcover variance for the 0-75' zone to permit 7.7 percent hardcover where 0 percent is normally allowed and 14.5 percent exists. Gundlach indicated the previous property owner in the 1980s constructed a number of retaining walls without first obtaining a conditional use permit. This previous owner was required to go through the after-the-fact permit process and ultimately obtained approval for the retaining walls constructed within 75 feet of the lake in 1983. The current owner has now expressed the need to replace a number of these walls as they are beginning to deteriorate. Staff,the City Engineer, landscaper and owner have met on site and in the office to discuss the scope of work and to develop an appropriate plan for replacement of these existing walls. Gundlach indicated the City's Zoning Ordinance establishes evaluation criteria for a conditional use request, which requires that a planting and vegetation plan be submitted in conjunction with the retaining wall replacement plan. Gundlach stated the timber stairwells are proposed to be replaced with keystone and the bottom tier of the retaining wall on the north side of the lake yard is proposed to be eliminated. The applicant is also proposing replacement of the walls running parallel to the staircase on the south side of the lake yard and removal of the large deck and staircase. Gundlach stated vegetation consisting of hostas and daylilies are being proposed to help screen the walls. Staff finds that based on the 1983 approval of the walls and the City Engineer approval of the replacement plan,the requested conditional use permit should be approved subject to the City Engineer recommendation regarding erosion control. The applicant is also planning to eliminate all unnecessary hardcover within the 0-75' zone. Gundlach indicated a review of the proposal against the evaluation criteria contained in the Zoning Ordinance indicates no negative impacts will result with the proposed plan. Planning Staff recommends approval of the application per the City Engineer recommendations noted in the letter dated September 12, 2005, and also in accordance with the hardcover removals proposed by the applicant. Rahn inquired whether the applicant understands the recommendations of the City Engineer. Robert Nelson indicated he does understand the comments of the City Engineer. There were no public comments regarding this application. PAGE 26