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HomeMy WebLinkAboutItem 1 LA21-000076 (1720 Bohns Pt Rd) CombinedDate 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. LA21-000076 February 22, 2022 Page 2 of 4 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 LA21-000076 February 22, 2022 Page 3 of 4 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. LA21-000076 February 22, 2022 Page 4 of 4 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 Letter View file:///C/Users/loakden/Downloads/Land%20Use%20Application%20Summary%20(13).htm[2/17/2022 11:55:09 AM] Land Use Application Summary Application Date:12/14/2021 Address:1720 Bohns Point Road Orono, MN 55391 Parcel Number:1611723220008 Land Use Number:LA21-000076 Application Submitted By:Agent on behalf of property owner Owner:Name: 1720 BOHNS POINT LLC Address: 1725 BOHNS POINT RD ORONO MN 55391 Applicant:Name: Lincoln Danforth Company: Yardscapes, Inc. Address: 8609 Harriet Ave So. Bloomington, MN 55420- Lincoln@yardscapesinc.com Contact Information:Associated Contact: Lincoln Danforth Lincoln@yardscapesinc.com Associated Contact: Associated Contact: Associated Contact: Project Description:Replace Lakeside Poor Concrete Walls w/ New Granite Outcropping Boulder Retaining Wall Land Use Application Type:Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: Project Narrative: The goal of this project is to replace a failing concrete retaining wall with a more secure and permanent material, granite boulder outcroppings. The granite boulders are not only a better structural material for this wall replacement, but they also match aesthetically with the existing retaining walls on neighboring properties. The existing concrete retaining wall will be demo-ed and disposed of off-site. The new proposed granite boulder wall will be constructed in accordance with the engineering specifications detailed out by Criterium-Schimnowski Engineers. The replacement of the failing concrete retaining wall is crucial to protect the hillside from eroding into Lake Minnetonka. Sincerely, Lincoln Danforth Letter View file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(12).htm[2/17/2022 11:55:09 AM] PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA21-000076 1. The property owner proposes to use the property in a reasonable manner not permitted bythe Zoning Chapter. Response: N/A 2. The plight of the landowner is due to circumstances unique to his property not created by thelandowner. Response: The existing concrete retaining wall that needs to be replaced was installed before the current landowner purchased the property. 3. The variance, if granted, will not alter the essential character of the locality. Response: The proposed new retaining wall will be installed as close as possible within the footprint of theexisting wall. The material (granite boulders) will be the same used on both neighboring properties to fit withthe character of the area. 4. Economic considerations alone do not constitute practical difficulties if reasonable use forthe property exists under the terms of the Zoning Chapter. Response: N/A 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight forsolar energy systems. Variances shall be granted for earth-sheltered construction as defined inMinnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any usethat is not allowed under this Chapter for property in the zone where the affected person's landis located. Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling asa two-family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to suchproperty or immediately adjoining property. Response: The conditions of this property also impact the adjoining property. If the current retaining wall isnot replaced, there is the risk of erosion of hillside into Lake Minnetonka. 9. The conditions do not apply generally to other land or structures in the district in which saidland is located. Response: N/A 10. The granting of the application is necessary for the preservation and enjoyment of asubstantial property right of the applicant. Letter View file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(12).htm[2/17/2022 11:55:09 AM] Response: If the current retaining wall is not replaced, there is risk of erosion of hillside into LakeMinnetonka. 11. The granting of the proposed variance will not in any way impair health, safety, comfort,morals, or in any other respect be contrary to the intent of the Zoning Code. Response: The granting of the proposed retaining wall will improve safety. 12. The granting of such variance will not merely serve as a convenience to the applicant but isnecessary to alleviate demonstrable difficulty. Response: The granting of this variance is necessary to stop the current retaining wall from failing into LakeMinnetonka. 1725 BOHNS POINT ROAD 18407 N:\Projects\18045\18045RR.dwg, 4/19/2018 1:06:35 PM 38 08-117-23 44 0024 PATRICK J HALLORAN KATHLEEN A HALLORAN 1595 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0008 THE NYK TRUST 1580 BOHNS POINT RD ORONO MN 55391 38 16-117-23 22 0001 CHARLES MILLER & JILL MILLER 1600 BOHNS POINT RD WAYZATA MN 55391 38 16-117-23 22 0002 ANGELA V ROSS 1640 BOHNS POINT RD WAYZATA MN 55391 38 16-117-23 22 0003 PETER A SANTRACH MELISSA A KREIMER SANTRACH 1700 BOHNS POINT RD WAYZATA MN 55391 38 16-117-23 22 0007 1725 BOHNS POINT LLC 1725 BOHNS POINT RD WAYZATA MN 55391 38 16-117-23 22 0008 1720 BOHNS POINT LLC 1725 BOHNS POINT RD ORONO MN 55391 38 17-117-23 11 0002 RONALD L OTTEN SUSAN K OTTEN 1655 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0003 RACHEL JENSEN 1625 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0004 JOHN CHURCH KLERISSA CHURCH 1645 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0005 WILLIAM F & JULIE R SNYDER 1629 BOHNS POINT TD WAYZATA MN 55391 38 17-117-23 11 0006 JAMES H MURPHY CYNTHIA A MURPHY 5128 QUEEN AVE S MINNEAPOLIS MN 55410 38 17-117-23 11 0007 JOHN CHURCH KLERISSA CHURCH 1645 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0008 RONALD L OTTEN SUSAN K OTTEN 1655 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0009 RONALD L OTTEN SUSAN K OTTEN 1655 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0010 RONALD L OTTEN SUSAN K OTTEN 1655 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0011 RONALD L OTTEN SUSAN K OTTEN 1655 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0012 RONALD L OTTEN SUSAN K OTTEN 1655 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0013 RONALD L OTTEN SUSAN K OTTEN 1655 BOHNS POINT RD WAYZATA MN 55391 He nn epin Co u n ty L oc ate & N o tify Map 172 0 Bo hns Po i n t Rd 0 200 400100 Feet Da te : 12 /14/2 021 Buffer Size:500Map Co mm e nts : Th is d ata (i) is furn ish ed 'AS IS' with no represen ta tion as tocompleteness or accuracy; (ii) is fu rn ish ed with n o warra nty of anykind; an d (iii) is n ot suitable for le ga l, eng ineerin g or surve yingpurposes. Hennepin County shall not b e liab le for a ny da ma ge , in ju ryor loss resu lting from this dat a. Fo r mo re inf ormation , co nta ct Hen ne pin Co un ty GI S Off ice300 6th S tree t So uth , Minn ea polis, MN 5 5487 / gis.in fo@h en ne pin.us