Engineer Letter, Construction Status

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aa WESTWOOD PLANNING & ENGINEERING COMPANY The Honorable Mayor, City Council and Planning Commission City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE: Todd Waters/Dori Molitor Residence 3061 Casco Point Road City Zoning File #1129 Dear Mayor, Council and Planning Commission: In February of 1987, Todd Waters had made application for variances relating to hardcover, average lakeshore setback, structure in the 0-?E' setback and requested relocation of a sanitary sewer line to accomodai.e construction of a new home in the same location as an existing structure. The Planning Commission and Council approved these requests in April and May, 1987 respectively. A building permit was then issued with both the City and Applicant/Owner assuming that all necessary permits and approvals were received. An approval oversight was discovered after building construction started, footings were placed and walls started. The proposed intent, as shown on the building plans originally submitted for approval, was to construct a walkout from the basement level on the lake side of the new huuse. Since the new house has a first floor elevation essentially the same as the original house and since the original house did not have a lower level walkout to the lake, it was necessary to excavate a portion the steep 15- 17 foot bank and yard adjacent to the lake within the 0-75 foot setback. This is prohibited within Section 10.55; Subdivision 8 of the Flood Plain and Wetlands Management section of the Zoning Ordinance where if states "... (No) grading ... excavation,... shall be allowed., on any land within 75 feet of the ordinary highwater elevation ot any lake shoreline..." This same section though does go on to indicate that this type of grading and excavation could be permitted "...if such activity (being no excavation) upon those adjacent areas is incompatible with the policies expressed in this section..." At this time, the construction on the building is continuing but work has stopped on the yard grading adjacent to the lake. Rough site grading was basically complete when work stopped and is as shown on grading plans prepared for Todd Waters (7-7-87) and Jack Dennis (7-9-87 ; the adjacent neighbor to the north at 3055 Casco Point Road). A straw bale dike has been placed adjacent to the lake to control site runoff and sedimentation until this variance proposal to allow the excavation is resolved. The reasons for grading and excavation are both subjective and well founded on good engineering practice. There was a desire to develop a more useable yard area adjacent to the lakeshore a less steep and safer lakeshore access route would be provided by flattening the grade to the lower walkout level. •52S EOmSROOK Cf«>SSWQ, BROOKLYN PARK, MINNESOTA 5S443 (612) 434 1962 (Bu^ims Omc«) 7419 WAYZATA BOULEVARD ST LOUIS PARK MINNESOTA SS426 (617) 949^0199