HomeMy WebLinkAboutLA21-000076, 1720 Bohns Pt Rd, VAR, Exhibit D PC Staff ReportDate Application Received: August 25, 2021
Date Application Considered as Complete: January 18, 2022
60-Day Review Period Expires: March 19, 2022
To: Chair Kirchner and Planning Commission Members
Adam Edwards, City Administrator
From: Laura Oakden, LLO
Date: February 22, 2022
Subject: LA21-000076, Lincoln Danforth, 1720 Bohns Point Rd, Variance, Public Hearing
Background
The applicant is proposing to reconstruct failing retaining walls within the 75’ lakeyard setback.
The property abuts Lake Minnetonka with a large slope along the shoreline. The property is
currently vacant and the existing retaining walls which are made of concrete. The new proposed
walls will be boulders to match the neighbors existing walls. Most of the walls will following the
same footprint as the existing walls. There is a slight variation closer to the north property line.
The new wall in this area will be placed further away from the lake compared to the existing
walls, which will be removed. There is existing vegetation located lakeward of the retaining
walls to act as screening from the lake. Commissioners should discuss if additional screening
should be required.
Practical Difficulties Analysis
Applicant Submittal Information: The applicant has identified the sloped shoreline and the
existing retaining walls as practical difficulties supporting the requested variance. Additionally,
they have provided supporting documentation regarding Practical Difficulties attached as Exhibit
B, and should be asked for additional testimony regarding the application.
Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, staff finds there to be
practical difficulties for allowing the applicant to rebuild and install new retaining walls within
the lake yard. The retaining walls would support and protect the slope. Staff would
recommend adding additional screening of the walls to preserve a nature vegetated view from
the lake.
LOT ANALYSIS WORKSHEET
Section 78-1680 and 78-1700 – Hardcover Calculations:
The existing retaining walls consist of 72 square feet. The new proposed retaining walls
are 72 square feet. Retaining walls are exempt from hardcover totals for the property.
Retaining walls are excluded from the hardcover calculations.
Applicable Regulations:
Lake Setback Variance (Section 78-1279)
Application Summary: The applicant is requesting to reconstruct the retaining walls in the 75’
lakeyard with minor expansion.
Staff Recommendation: Planning Department Staff recommends approval.
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February 22, 2022
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Retaining walls are not permitted within 75’ of the lake, therefore the applicant is requesting a
setback variances. The applicant’s plan involves replacing the existing concrete slab style
retaining walls, with more natural looking boulders and to support the new style stair. The
applicant is hoping to proactively prevent any further erosion and potential failure of the lake
yard with tiered retaining walls to stabilize the area.
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect
on values of property in the surrounding area. The Planning Commission shall consider
recommending approval for variances from the literal provisions of the Zoning Code in instances
where their strict enforcement would cause practical difficulties because of circumstances unique
to the individual property under consideration, and shall recommend approval only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning
Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties
also include but are not limited to inadequate access to direct sunlight for solar energy systems.
Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06,
subd. 14, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the
affected person's land is located. The board or council may permit as a variance the temporary
use of a one-family dwelling as a two-family dwelling.
According to MN §462.357 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance.
Preserving and protecting the existing slope in the lake yard is in harmony with the
intent of the ordinance. The proposed retaining walls will be screened with vegetation
to maintain the rural nature of the lake.
2. The variance is consistent with the comprehensive plan. The proposed retaining walls
are protecting the slope on the property consistent with the comprehensive plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The owner proposes to install retaining wall
improvements which are residential in nature and reasonable from a residential
scope.
b. There are circumstances unique to the property not created by the landowner;
The owner has proposed retaining walls as a solution which will protect against
failure of the slope. The existing slope of the lake yard was not a result of
actions by the owner. and
c. The variance will not alter the essential character of the locality The variance to
permit retaining wall structures within the 75-foot setback will help to maintain
the existing slope and character of the area.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Economic considerations alone do not constitute practical difficulties. Economic
considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
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February 22, 2022
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defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code
Chapter 78. This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located. This condition is not applicable, as single family home is an allowed use in the
LR-1B District.
7. The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling. This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. . The slope of the property combined with
the pre-existing improvements is a unique condition to the subject property.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The subject property’s specific slope and existing improvements are
creating conditions which do not apply to adjacent properties.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Granting a lake setback variance to allow the
retaining walls within the 75-foot lake setback is reasonable and necessary to preserve
the property rights of the owner and supported by the vulnerable lake yard slope on
the property.
11. The granting of the proposed variance will not in any way impair health, safety, comfort
or morals, or in any other respect be contrary to the intent of this chapter. Granting the
lakeyard setback variance allowing the retaining walls within the 75-foot lake setback
will not adversely impact health, safety, comfort or morals, or in any way be contrary
to the ordinances.
12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. The location of the slope in the lakeyard
does not support another, conforming location for the retaining wall.
The Commission may recommend or Council may impose conditions in granting of variances.
Any conditions imposed must be directly related to and must bear a rough proportionality to the
impact created by the variance. No variance shall be granted or changed beyond the use
permitted in this chapter in the district where such land is located.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance(s), if granted, will not alter the
essential character of the neighborhood?
3. Commission should discuss if additional landscaping and screening should be
required to preserve and enhance a natural vegetated view from the lake.
Planning Staff Recommendation
Planning Staff recommends approvals for the lakeyard variances to allow the reconstruction of
the retaining walls with a condition to add additional vegetation to screen the retaining walls from
the lakeview of the property.
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February 22, 2022
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List of Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Existing & Proposed Survey/Site Plan
Exhibit D. Pictures
Exhibit E. Submitted Hardcover Calculations
Exhibit F. Property Owners List and Map