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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
Additinally, the condition of the lakeshore bank was very poor. The creosote
soaked timber walls had deteriorated, became unsightly and posed a pollution
concern. The 15 foot bank north of the timber walls had about a 1:1 slope, was
sparsely vegetated ai ^ eroded. The plan Is to flatten the yard grade from the
walkout level to about 34* and leave a 4-5 foot bank along the lake. The bank
would be stabilized by rip-rap along the lakeshore and by proposed and existing
vegatatlon. The timber and lannon stone walls would be replaced by field stone
to stabilize all steep slopes. The old wall removal will total about 55-60
square feet of Imprevlous surface while the proposed field stone walls allow
water to filter back into the earth. The upper level of the proposed field
stone wall follows the same location as the original lannon stone wall before It
ties back Into the house. The wall Is stepped down to provide a more stable and
pleasing transition between levels. All yard areas would be grassed or planted
with shrubs. Shrub beds would be mulched and use a geotextile fabric
underlayment to maintain a pervious ground surface.
The total Impact would improve lakeside conditions by:
- reducing the velocity of storm water runoff by flattening the 1:1 slopes to
about 4% over a grassed area, thereby minimizing sediments reaching the lake.
- Stabilizing all steep slopes.
- Eliminate Impervious surface.
- Improve ground water recharge.
- Eliminate a pollution concern (creosote timbers).
- Preserve a stand of mature oak trees by the house.
- In general. Improve the aesthetics and condition of the lakeshore.
The excavation and grading also eliminates a flooding concern for both Todd
Waters and Jack Dennis. The front yard areas (between the home and street) for
both are low and have been subjected to flooding over the years. A number of
lots In the area currently drain to their lots. Mr. Dennis, who has the lowest
lot, has Indicated a notlcable Increase over the years In the amount of water
accumulating In his yard. He attributes it to added hard surface coverage on
adjacent proprtles and runoff from Casco Point Road when storm sewers plug. Hr.
Mr. Dennis does have a sump type catch basin with ai’ 8 Inch pipe leading under
his house to the lake. This provides some drainage but his driveway and yard do
flood during heavy rains and spring runoff. Creating an access problem for him
and potential^ for emergency vehicles.
The original house on the Todd Waters lot also had a catch basin and pipe
located In the front yard which drained to the lake. This has been removed with
construction of the new home. Prior to the lake side excavation, there was no
natural storm water overflow protection to prevent flooding of both the Waters
and Dennis homes. Mr, Dennis noted that during the recent storm, flood water
was within about 2 inch of coming Into his house and was flowing about one foot
deep through the excavated opening between his and Todd Waters new house.
The excavation along the north side of the new house and opening to the lake
provides an elevation low enough to allow positive surface water drainage from
the Waters' front yard and overflow protection for the Dennis home. The only
storm sewer required will be a pipe under the driveway. The grcssed swale
between the homes will be about 2% with width sufficient to allow smooth grade
transition between properties. The wider grassed yard opening to the lake would
then disperse water over a larger, flatter surface area to reduce runoff
velocity, collect sediments and minimize erosion.
The stated purpose of the Flood Plain and Wetlands Management (Section 10.55,
Subd.l) ordinance is "... to protect the public interest against... unplanned
land development which affects...lakes...,wh1ch... will result in loss and
damage to public and private improvements through inundation by flood waters and
subsequent expensive construction of storm sewers and other public projects...".
The "specific Intent of this section", with comment as it relates to this
project, is to:
Subd. 1. A. Reduce danger to health by protecting surface and ground water
supplies from the impairment which results from incompatible land
uses by providing safe and sanitary drainage.
(Overland site drainage and slope stabilization to control water
born erosion and sediment migration to the lake).
Subd. 1. B.Reduce the financial burdens imposed both on this community and on
communities within the Minnehaha Creek Watershed District and the
Individuals therein by frequent floods and overlow of water on
lands.
(Positive front yard drainage and home flood protection)
Subd, 1, C. Permit and encourage planned development land uses which will not
impede the flow of f^oodwater or cause danger to life or property.
(Positive front yard drainage and home flood protection)
Subd. 1. E.Avoid fast funoff of surface waters from developed areas to
prevent pollutional materials such as animal feces, motor oils,
paper, sand, salt and other debris, garbage and foreign materials
from being carried directly into the nearest natural stream, lake
or other public waters.
(Reduce erosion and sediment movement to the lake; reduce runoff
velocity; stabilize steep slopes)
Subd, 1, H. Prevent the development of structures in areas unfit for human
usage by reason of danger from flooding, unsanitary conditions or
other hazards.
(Flooding protection)
Subd. 1. J.Protect against potential loss of life, loss of property, health
and safety hazards, disruption of commerce end governmental
services, extraordinary public expenditures for flood protection
and relief, and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
(Flooding protection)
IBi
Section 10.55, Subdivision 2b. Identifies the criteria to justify a variance
and states "In e<traordinary cases, the council may authorize upon
application such variance from the terms of this Section as will
not be contrary to the public Interest, where owing to special
conditions a literal enforcement of the provisions of this Section
will result In unnecessary hardship so that the spirit of this
Section shall be observed and substantial justice done. No
variance shall have the effect of allowing In any district uses
prohibited In that district, permit a lower degree of flood
protection than the regulatory flood protection elevation for the
particular area, or permit standards lower than those required by
State law."
The specific Items the Council will use to review the validity of the variance
Is as follows:
Subd. 25. A. No variance shall be granted which the Council determines will or
has a tendency to :
1. Increase the height or duration of flood water In or along
the Minnehaha Creek.
2.
4.
5.
(The amount of runoff will remain as originally existed
and have no adverse Impact.
Result In the placement of an artificial obstruction
which will restrict the passage of flood water in such a
manner as to Increase the height of flooding, except
obstructions approved by the Minnehaha Creek Watershed
District In conjunction with sound flood plain management.
(A natural obstruction was creating a flooding problem
which Is resolved by site grading. An open swale, rather
than storm sewer, will permit the proper passage of flood
water.)
3. Result In incompatible land uses or which would be
detrimental to the protection of surface and ground water
supplies.
(Same type of land use as allowed by zoning)
Increase the financial burdens Imposed on the community
through Increased floods and overflow of water onto land
areas within the City or onto land areas adjacent to
Minnehaha Creek.
(There would be no adverse impact on Lake Minnetonka or
Minnehaha Creek. This would resolve a flooding problem.)
Be not In keeping with land use plans and planning
objections for the City or which will increase or cause
danger to life or property.
(Proposal provides flood protection)
s
6, Be inconsistent with the objective of encouraging land
uses compatible with the preservation of the natural land
forms, vegetation and the marshes and wetlands,
(Generally, the house fit's with the original ground form
of the site and preserves the most desirable tree cover.
The adjustment of the land form has a positive impact on
the health, welfare, and safety of the residents by
providing flood protection as well as enhance'" .*nt,
stabilization and sediment control along the lakeshore..
7, Includes development of land and water areas essential to
continue the temporary withholding of rapid runoff of
surface water which presently contributes to downstream
flooding or water pollution or for land and water areas
which provide ground water Th'iiiration which diminishes
the land area necessary to carry increased flows or storm
water following periods of heavy precipitation,
(Runoff will occur in a controlled fashion by overland
drainage and an existing sump catch basin. The flatter
slopes will catch sediments find other pollutants,
minimize erosion, provide ground water infiltration and
reduce runoff velocity. Steep slopes will be stabilized.)
Not only did the original lakeshore bank condition on the Waters' property
create an unsightly erosion and pollution concern, but the entire bank along the
Haters/Dennis properties has trapped water in their front yards creating a
hardship due to flooding. As previously discussed, the regrading and excavation
of a small portion of the lakeshore bank and overland drainage swale, as
proposed, resolves both problems and therefore the variance is justified.
Please feel free to contact me should you have any questions regarding this
variance requi
Respectfully Submitted
WESTWOOD PLANNING « ENGINEERING COMPANY
Greg Wiischlie
Senion Project Planner/Landscape Architect
GP:ls
Plan Attachments