HomeMy WebLinkAboutLA19-000060 (3348 Bayside Rd) CUP Exhibit C PC Minutes1. LA19-000060 TIM DRUK, 3348 BAYSIDE ROAD, CONDITIONAL USE PERMIT, 6:32
P.M. – 6:40 P.M.
Tim Druk, Applicant, was present.
Oakden stated the applicant is requesting a conditional use permit for grading and filling within the
floodplain and mitigation of the 100-year floodplain for construction of a new two-car detached garage.
The site is substandard in size, width, and has a protected tributary along the northern property line
creating a limited building envelope.
In order to meet all the required setbacks, the detached garage is partially located within the 100-year
floodplain. The garage will be elevated out of the floodplain with fill. Placing fill in the floodplain
requires a conditional use permit. The 26’ x 26’ is proposed to be raised approximately two feet.
The DNR has been notified of the request and the public hearing must remain open until the City Council
meeting due to the notification process.
Staff finds the proposed plans meet the conditions for filling in the floodplain. The applicant is mitigating
the work by creating more floodplain area within the property. They are also raising the floor of the
garage to place the building above the floodplain elevation. The applicant is working to place the building
within the required setbacks leaving them minimal options to work outside the floodplain.
The City Engineer has reviewed the proposed plans and had the following comments:
1. Sediment erosion control measures should include a double silt fence.
2. The applicant will be required to obtain Minnehaha Creek Watershed District approval and
permitting for their erosion control and floodplain alteration rules. A copy of any approvals or
permits required should be submitted prior to issuance of the permit.
3. Any materials deposited or shored in the floodplain must be protected from erosion by vegetative
cover, mulching, riprap or other acceptable method while under construction.
No public comments have been received.
Planning Staff recommends approval subject to the City Engineer’s recommendations.
Ressler noted it meets all side setbacks, hardcover, and that the conditional use permit is required because
of the grading and fill within the floodplain.
Oakden indicated that is correct and that they will be raising the grade by approximately two feet.
Gettman asked if there is an existing garage.
Oakden indicated there is no garage but there is an existing residence with a parking pad.
McCutcheon asked if there is currently water in the ditch east of the proposed garage.
Oakden stated there is some water currently in the ditch. The protected tributary runs to the north and
there is a 75-foot setback from that. The 100-year floodplain is what is being encroached upon.
Erickson asked what the sea elevation is for this property.
Oakden indicated the garage will be 942’ at the slab and the 100-year elevation is 940’.
Tim Druk, Applicant, stated it is actually his son who purchased the home and that he has nothing to add
to Staff’s report.
Chair Ressler opened the public hearing at 6:37 p.m.
There were no public comments regarding this application.
The public hearing was continued to the September City Council meeting.
Thiesse commented a garage is not a luxury in Minnesota but a necessity. The garage appears to be pretty
modest and is situated as best as it can be on this property.
Gettman indicated he concurs and that this appears to be the best location for it.
Bollis stated he also is in agreement and that a garage is pretty practical. Would recommend approval.
Erickson concurred with Commissioner Thiesse that in Minnesota the lack of a garage is a hardship and
he would support Staff’s recommendation.
McCutcheon stated if the applicant will be taking the fill from the property, that may be pretty tricky
since the lot is already pretty flat.
Druk stated to his understanding they will be taking out poor soils and bringing in good soil.
Ressler noted a building in a floodplain triggers floodplain insurance. As far as the location goes, it is not
encroaching on any setbacks and is pretty straight forward.
Thiesse moved, Gettman seconded, to recommend approval of Application No. LA19-000060, Tim
Druk, 3348 Bayside Road, Conditional Use Permit. VOTE: Ayes 6, Nays 0.