01/20/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 20, 2004 6:00 o'clock p.m. (#04-2973 MINNETONKA CUSTOM HOMES INC.,4753 N. SHORE DRIVE, AFTER-THE-FACT VARIANCE AND CONDITIONAL USE PERMIT— Continued) Gundlach explained the analysis of the As-Built Plan as follows, along with the City Engineer's comments regarding the necessity of the walls: East Wall & Steps: Neither the steps or retaining wall were approved with any of the plans. The City Engineer has determined that a smaller wall is necessary to provide a transition from the driveway elevation to the elevation of the side yard, which achieves the same results and is not within 5' of the property boundary. West Walls: The only wall that was approved is the wall that protects the side entryway. The original plan was designed to grade a swale leading to the lake. Further, these walls encroach onto the neighbor's property, which isn't allowed by City Code. The City Engineer has stated that an extension of the existing wall protecting the entrance may be warranted,however, the rest of the walls and fill should be removed and a swale should be re-graded as shown on the approved plans at approximately the original site elevation. South Walls: The wall that was approved was the pre-existing wall, which has since been repaired. The applicants also constructed a second tier to this wall and brought in fill in an attempt to create a larger lawn and to avoid a 1'-2' step down from the walkout level to original grade. It should be noted that these walls are within the bluff impact zone. The City's Building Inspector authorized the applicant to improve the pre-existing wall in an effort to protect the bluff. The applicant did improve the wall but also constructed a new, second tier which extends onto the neighbors property. It is of the City Engineer and Building Inspector's opinions that this second tier wall was not necessary. The second tier wall and the fill should be removed and re-graded as originally approved. The second tier wall and fill raises the walkout yard to an elevation higher than the neighboring yards. Gundlach stated that, in addition to the acceptance of the City Engineer's comments, staff would recommend: 1. The wall on the east side of the property be relocated westerly onto the applicant's property to provide a 5' setback to the easterly lot line. 2. The steps on the east side of the property be removed. 3. The wall following the property line on the west side of the lot be moved easterly to a point 5' of the west lot line and its length be cut in half. PAGE 28 of 53