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HomeMy WebLinkAbout10-26-1987 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987 ATTENDANC$ 7:00 P.M. The Orono Council met on the above date with the following members present: Mayor Grabek, Councilmembers Peterson, Sime, Callahan, and Goetten. The following represented the City staff: Acting City Administrator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Blatz and City Engineer Cook were also present. RESOLUTION OF CONGRATULATIONS - MINNESOTA TWINS RESOLUTION #2287 It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2287 Congratulating the Minnesota Twins for winning the World Series Championship. Motion, Ayes 5, Nays 0. CONSENT AGENDA* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Consent Agenda* subject to removal.of the following.item: #15 - Sculptor Agreement /Livingston Tower Park - requested by Acting City Administrator Gerhardson Motion, Ayes 5, Nays 0. OATH OF OFFICE - POLICE OFFICER `ARLES SCHAUSS Acting City Administrator Gerhardson administered the Oath of Office to Police Officer Charles Schauss and introduced him to the Council. APPROVAL OF MINUTES* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Minutes of the October 12, 1987 Council meeting as submitted. Motion, Ayes 5, Nays 0. PUBLIC COMMENTS There were no comments from the public. ZONING ADMINISTRATOR'S #984 JOE SAWCHUR 4105 WATERTOWN ROAD VARIANCE Acting City Administrator Gerhardson explained the request for a side setback variance to construct a horse barn 10 -20' from -the side lot line where 75' is normally required. Planning Commission recommended denial of the variances finding that the applicant's stated hardships are not sufficient to justify the granting of the variance, when a barn could be built without the need for a variance. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987 #984 SAWCHUR CONTINUED Joe and Pam Sawchuk were present for this matter. Pam Sawchuk explained their "bad lot" problem in that the house was built many years ago only 10' from the lot line. They purchased the house in 1975 and tried unsuccessfully to purchase the adjacent property to correct the location of house. She noted that the only two alternative locations are:. l) approximately 400' back from the house which would be inconvenient in the winter; 2) in the middle of their yard which would be aesthetically'unpleasing and view of barn would be obstructed from house. They are requesting a variance to provide visual continuity to build the barn behind their house. Councilmember Goetten stated she visited the site and felt the location outlined by staff not requiring a variance would be suitable. She also noted that the neighbors, Michael Plank, house would be overlooking the barn if placed where proposed. Joe Sawchuk noted that electricity and water are already located on the proposed barn site. He also noted that if the barn were located in the location outlined by staff, he would have to remove the existing corral area. In addition, the proposed barn is a nice looking barn and the existing shed would be removed. Councilmember Callahan stated he visited the site and felt that the proposed location of barn was reasonable for the neighborhood and in view of the close proximity to the electric and water. He noted that it was apparent that a barn previously was located at the proposed site and felt it would be an improvement to build another barn in that location. Assistant Zoning Administrator noted the concerns voiced by the Plank's at the Planning Commission meeting: 1) opposed to the location from a visual standpoint; 2) concern with adding to an existing drainage problem coming from Watertown Road across-the Sawchuk property to the Plank property. Joe Sawchuk did not feel that constructing the barn would effect the existing drainage at all. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to deny the variance request finding there is an alternative suitable location for the barn that would require no variance. Motion, Ayes 4, Nays 1. Councilmember Callahan voted nay. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD',OCTOBER 26, 1987 41168 RICHARD G. HELSTROM 395 CASCO POINT ROAD" VARIANCE RESOLUTION Richard Helstrom was not present for this matter. Acting City Administrator Gerhardson explained the request for hardcover and average lakeshore setback variances to construct a 2nd story deck and screen porch onto the lake side of the residence. The proposed deck & porch replaces a smaller dilapidated deck that was removed last year. He noted that the proposal was revised per Planning Commission direction to minimize the average lakeshore encroachment. Planning Commission recommended approval of the revised proposal subject to removal of a 141x 12' block patio in the lakeshore yard. Councilmember Sime stated he was in attendance at the Planning Commission review and noted that the Planning Commission unanimously recommended approval and the affected neighbor, Jim Bowers of 2905 Casco Point Road, rescinded his objection to the original proposal and is in favor of the revised proposal. Therefore, made a motion to approve the revised proposal per Planning Commission recommendation. Motion seconded by Councilmember Peterson. Councilmember Goetten requested clarification regarding the specific patio area proposed to be removed. Assistant Zoning Administrator Gaffron explained that patio proposed to be removed is a 121x 14' area, and the a wooden structure play area recently added by the applicant in that area was to have been moved to the 250 -500' zone near the road. He noted that the patio under the proposed deck porch addition is not planned to be removed. Councilmember Goetten felt that the patio area under the deck /porch that extends beyond the deck /porch could also be removed to decrease the hardcover from 45.7 %. Assistant Zoning Administrator Gaffron noted that if the additional patio area was removed as Councilmember Goetten suggests, it would decrease the hardcover by approximately 2 %, to around 43 -44 %. Councilmember Callahan did not feel that removal of the patio area without the wooden play area structure constituted an entire removal of hardcover. 3 i. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987 #1168 HELSTROM CONTINUED Because Council voiced concerns with the proposal, Councilmembers Sime and Peterson withdrew their previous motion. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to postpone this matter until the end of the meeting for applicant or representative to be present. Deferring this matter until the end of the meeting (9:34) and no presence of the applicant or representative, it was moved by Mayor Grabek, seconded by Councilmember Goetten, to table this matter until applicant /representative can be present and direct staff to review the play yard area. Motion, Ayes 5, Nays 0. #1177 TODD WATERS 3061 CASCO POINT ROAD AFTER -THE -FACT CONDITIONAL USE PERMIT AND VARIANCE Acting City Administrator Gerhardson explained the request for an after - the -fact conditional use permit and variance for unapproved land alteration within the 0 -75' setback area involving the excavations for a partial lakeside walkout, major alteration of lakeshore yard up to within 5 -10' of lakeshore and major alteration of both the 0 -75' lakeshore protected area and 75 -250' setback area in excess of 100 cubic yards involving changes in drainage for a 5+ acre watershed that would not be covered under customary /usual grading allowed under building permit. Planning Commission recommended denial and complete restoration to the original elevations, with the drainage being treated as before with an underground tile. Todd Waters and Dori Molitor- Waters were present for this matter. Todd Waters introduced their Attorney, David Davenport, and Engineer Consultant, Greg Kopischke. Todd Waters reviewed the background of the project, their plans and intention noting that it was never their intention to do something not allowed and they tried to follow the City codes and procedures, while trying to solve a drainage problem. Attorney David Davenport explained at great length the following three alternatives including the advantages and disadvantages of each: I - Deny CUP and require total restoration of original site grade with elimination of walkout noting that. this could cost the applicant approximately $63,000 for restoration and decrease in home value because of loss of walkout. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987 #1177 WATERS CONTINUED IA - Grant CUP but require only partial restoration to original hill and slopes to retain walkout design. II - Grant CUP to permit Water's original plan. Refer to Exhibit #1177 -A attached to Minutes for more detail. Mr. Davenport explained that the conditions existing on the property prior to construction were peculiar to the property justifying granting the CUP to alleviate a demonstrable hardship and difficulty to applicants while preserving a substantial property right. He submitted photos of the poor lakeshore condition prior to construction noting the rotting retaining wall timbers. He explained the history of the drainage problem that existed prior to construction. He asked the Council to put aside the nature of the after - the -fact request and consider the best environmental solution to solving the existing conditions. Mayor Grabek asked if the drainage problem was brought up during the original Planning Commission and Council review? In response to Mayor Grabek's question, John Dennis of 3055 Casco Point Road and original co- applicant in this application, stated that he attended the variance meetings and was fully prepared to discuss the drainage problem and his support of the Waters' project, but his comments were not necessary in the course of review. Greg Kopischke noted that if the swale is not allowed, he believed a 27" pipe would be needed to replace the original 8" pipe to accomodate the drainage. City Engineer Cook agreed that some change should be made from what previously existed. In this particular case, he did not see a significant environmental difference in the pipe vs. swale options. Mr. Dennis explained the history of their drainage problem which has steadily increased over the years by the new development in the area. He noted that the conditions at this time result in 25% less ponding area and 50% less pipe drainage than what previously existed and hoped that this could be resolved before spring thaw. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987 #1177 WATERS CONTINUED Councilmember Goetten noted that she originally voted against the variance applicantion feeling that the house should have been built further back. She felt Council must seriously and realistically consider the. options and would like a recommendation from City Engineer Cook. Councilmember Callahan recalled there was mention of a drainage problem during the first reviews which was one reason the applicant could not place the house further back due to the location of catch basin. It was indicated during the first review that the drainage pattern was away from the lake which was a contributing factor in approval of the variances. He did not feel the land alteration would have been approved before the fact. He also felt there were numerous additional problems with the land alteration conducted on the site.. He felt approval of the existing conditions would be a total disregard of the City's lakeshore regulations. It is his recommendation that restoration be required including the original 8" pipe. Councilmember Sime felt that many blatent violations of the ordinances have taken place in this matter. He concurred with Councilmember Callahan regarding the variance approval based on the belief that the drainage was away from the lake. Because City Engineer Cook felt there was little difference between the swale and pipe, option, he recommended that the property be restored with the drainage pipe and alternative plan to provide the walkout. Councilmember Peterson stated she sympathized with applicant, however, agreed with Councilmember Callahan's recommendation. Mayor Grabek felt a precedent would be set if the grading was allowed after - the -fact. It was moved by Mayor Grabek, seconded by Councilmember Callahan,` to deny the after - the -fact conditional use permit and variance and require complete restoration to the natural elevations within a reasonable amount of time. Councilmember Goetten stated although she found the situation appalling, her main concern at this point is what is best for the property and lake. She asked City Engineer Cook if total restoration would be in the best environmental interest for the lake? 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987 #1177 WATERS CONTINUED City Engineer Cook stated the best and quickest solution at this point is to leave the property as is. He stated there would be problems with restoration which will be difficult, in addition to causing a potential detriment to the lake while it is being restored. In response to City Engineer Cook's comments, Councilmember Sime stated he would have to vote against the motion feeling it would create an unecessary hardship. He felt a partial restoration is preferable. Motion, Ayes 3, Nays 2. Councilmembers Sime and Goetten voted nay. Mayor Grabek directed staff to draft a resolution of denial for final approval. #1188 SHELDON KAPLAN 2695 KELLY AVENUE VARIANCE RESOLUTION #2283 Acting City Administrator Gerhardson explained that this application was tabled pending information from the City Engineer regarding the impact on drainage from new construction. Planning Commission recommended denial of the request. Attorney David Karan was present representing Sheldon Kaplan. He noted the following issues: 1. Two new lots are'not being created, but already exist as two separate lots. 2. Per City Engineer Cook's report, new construction will not affect the drainage. 3. Buildability of the lot is not the issue at this time. This issue can be addressed upon submission of building plans. He noted that obviously the neighbors would rather have a vacant lake lot than a house built on the lot, however, it would not be fair or reasonable to expect the Kaplans to bear the burden of keeping the lot vacant given their expectations when they bought the lot and in consideration of the taxes they have paid on a lot intended to be buildable. Jan Berg, 2655 Lydiard Avenue, pointed out that it is a non - conforming lot with a non- conforming house. She noted that in 1983 the Kaplan's asked the County to reduce the taxes because the lot was no longer considered buildable. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD #1188 KAPLAN CONTINUED Staff and Mr. Karan clarified that ask for a tax reduction, rather reduction done by the assessor current zoning standards. OCTOBER 26, 1987 the Kaplan's did not it was an automatic in response to the Councilmember Callahan stated he is concerned with the buildability of the lot, however, agreed that buiidability was not the issue at this time. He stated that history proves that the lot was always intended to be buildable since the platting of the area which has not changed. In consideration of the City Engineer's report that drainage will not be affected, he would vote to approve the variance request. Councilmember Goetten referred to the list in staff's memo of lot area /width variances to common ownership lots in the LR -1B district that have been granted since 1984. She noted that none of them were riparian lots (with the exception of the Smiley lot) and none required additional variances for the existing homestead lots. In addition, she did not recall the neighbors objecting in the cases listed. She has concerns about what will be built on the lot, and although the City Engineer states that the drainage will not be affected, she knows there is an existing drainage problem in that area. Therefore, she would not vote for approval of the request. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2283 approving the variances as requested. Motion, Ayes 4, Nays 1. Councilmember Goetten voted nay. #1206 KATHERINE C. PERRY 2693 KELLY AVENUE VARIANCE RESOLUTION #2284 Acting City Administrator Gerhardson explained the request for a side street setback variance to construct a second story deck with storage /screen porch below. Planning Commission recommend approval as proposed. Katherine Perry was present for this matter. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2284 approving the variance as proposed. Motion, Ayes 5, Nays 0. 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987 #1208 MICHAEL SAYLER 1990 SPATES.AVENUE TARIANCE RESOLUTION #2285 Acting City Administrator Gerhardson explained the request for a side setback variance to construct a 4'x 6' entryway porch. Planning Commission recommended approval as proposed. Michael Sayler was present for this matter. It was moved by Councilmember Goetten, seconded by Councilmember Sime, to adopt Resolution #2285 approving the variance as proposed. Motion, Ayes 5, Nays 0. SURVEY OF PERMITS ISSUED UNDER AUTHORIZATION OF STORM DAMAGE ORDINANCE Council reviewed and accepted the information regarding Storm Damage Permits. BUSY BEAVER DAY CARE 770 OLD CRYSTAL BAY ROAD REQUEST FOR CONSIDERATION Mrs. Cici, Owner /Director of Busy Beaver Day Care was present for this matter. Acting City Administrator Gerhardson explained the dilemma of the Busy Beaver Day Care Center's inability to ,renew their lease at vineyard of the Lake until their new building is built and are being forced out by October 31st. They are requesting an after - the -fact conditional use permit to allow them to relocate in the Orono Community Church by November 1, 1987. Planning Commission voted to recommend allowing Busy Beaver to use the facility prior to formal action by the City and waive the penalty fee for the after - the -fact conditional use permit because the problem was created by circumstances out of Mrs. Cici's control. The Planning Commission will hold a:public hearing at their November 16th meeting to review the application. Staff has made the necessary inspections of the building and finds no problem. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to conceptually approve the use of the Orono Community Church by Busy Beaver Day Care prior to formal action by the City for an after - the -fact conditional use permit and waiving the penalty fee. Motion, Ayes 5,Nays 0. 9 I MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987 MINNTONKA BOATS WORKS 1449 SHORELINE DRIVE EQUEST FOR CONSIDERATION Acting City Administrator Gerhardson explained the request for special consideration for land alteration within the 0 -75' lakeshore area. On- coming winter weather requires the immediate alteration in order to upgrade the present boat lift facility requiring a ramp extension. The applicant needs to service the larger boats maintained at the Wayzata facility which are impossible to transport via land over public roadway. MAYOR'S REPORT: Byron Heimark, President of Minnetonka Boat Works, was present for this matter and explained the proposal. All agencies have been contacted but only the DNR will require a permit which is pending City approval. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to conceptually approve the request to allow the alteration followed by after -the- fact conditional use permit review by Planning Commission at their November 16th meeting and waiving penalty fee. Motion, Ayes 4, Nays 1. Councilmember Callahan voted nay because he was conceptually opposed to acting before Planning Commission review. Councilmember Goetten noted that in the future, special requests with special circumstances should be handled in this same manner. Mayor Grabek directed staff to report back to Council on November 9th regarding the following matters: -Fill being used at 4220 Sixth Avenue North for berm. - Dumping on property on County Road 151 -Fence along Road on Fagerness Point - Keaveny property in Navarre 10 MINUTES OF THE•REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987 ENGINEER'S REPORT: COUNTY ROAD 15 COSTS OF LOCAL IMPROVEMENT City Engineer Cook reported on the information from Hennepin County Department of Transporation regarding Orono's share of the costs for the rehabilitation of County Road 15 through Navarre. He explained the funding from the MSA account noting that there would be a penalty for using the MSA account to fund the costs because the project is not on the City's MSA system. He explained the option of assessing the balance of costs remaining and /or the penalty costs. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to direct City Engineer Cook to report back to Council at the November 9th meeting regarding alternative ramifications, numbers of property owners involved, and different alterntatives and percentages. Motion, Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT: ASSESSMENT REVIEW - 525 TONKAWA ROAD Acting City Administrator Gerhardson explained the request for a reduction-in assessment from the property owner of 525 Tonkawa Road. The owner purchased three adjoining lots in 1978 and have since combined all lots into one buildable parcel and are now requesting removal of one sanitary sewer assessemnt. Staff recommends approval of the assessment reduction per the formula outlined in staff memo dated October 22, 1987 in the amount of $2,619.66. Jeff Martineau, representing owner of property, requested clarification of the reduction amount. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to direct staff to draft a resolution reducing the amount of assessment and sewer units for 525 Tonkawa Road by an amount not to exceed $2,619.66. Motion, Ayes 5, Nays 0. , SNOW PLOW BID AWARD* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to award the bid for 4 new reversible trip edge snow plows to Boyum Equipment Company for an amount of $16,720.00. Motion, Ayes 5, Nays 0. 11 r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987 SCULPTOR AGREEMENT - LIVINGSTON TOWER PARK Acting City Administrator Gerhardson explained the proposal to enter into an agreement with Nicholas Legaros to create a wax model of a sculpture to be created for Livingston Tower Park. The cost for the wax model is $100.00. Robert Kost, Chairperson of the Park Commission was present for this matter. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve proceeding with sculpture for Livingston Tower Park as outlined in agreement with Nicholas Legaros. Motion, Ayes 5, Nays 0. LONG LAKE /CICI WATER AGREEMENT* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to table the water agreement with Long Lake /Cici until the November 9, 1987 Council meeting. Motion, Ayes 5, Nays 0. 1950 SHORELINE DRIVE* HAZARDOUS BUILDING PROCEEDINGS RESOLUTION #2286 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2286 commencing hazardous building proceedings against the property at 1950 Shoreline Drive. Motion, Ayes 5, Nays 0. 1988 MEETING CALENDAR* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt the 1988 Meeting Schedule Calendar as submitted. Motion, Ayes 5, Nays 0. 1988 BUDGET AMENDMENT APPROVAL* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the adopted 1988 Budget as amended, to ref lect the reinstatement of one police officer position in the Long Lake service area. Motion, Ayes 5, Nays 0. EXTENSION OF TEMPORARY EMPLOYMENT -* POLICE DEPARTMENT It was moved by Councilmember Sime, seconded by Councilmember Peterson, to authorize the employment of Jean Hoogenakker at $6.00 per hour, further until 12/31/87, to work no more than 140 hours in a period of 120 days. Motion, Ayes 5, Nays 0. 12 MINUTES OF THE REGULAR ORONO COUNCIL METING HELD OCTOBER 26, 1987 CHAPTER 12 SECTION 12.05* ORDINANCE AMENDMENT It was moved Councilmember Second Series Subdivision 1 and entitled Construction "'. by Councilmember Sime, seconded by Peterson, to adopt Ordinance No. 43, "An Ordinance amending Section 12.05 of Ordinance 12 adopted April 11, 1984, 'An Ordinance relating to the Time of Motion, Ayes 5, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept Acting City Administrator Gerhardson's Information regarding: Space Consultant Progress, Highway 12 Corridor Selection Process, Forest Arms Association, 3536 Lyric, 3946 Sixth Avenue North, 200 Hollander Road, MWCD Appointments, and Fall Clean Up. Motion, Ayes 5, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Blatz requested and Executive Session at this time. LICENSES* BILLS* ADJOURNMENT 9:55 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the following licenses: Septic System Installer - Westonka Sewer & Water Solicitors License - Minnesotat Public Interest Motion, Ayes 5, Nays 0. Research Group It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. P.M. It was moved by Councilmember Sime, seconded by Councilmember Callahan, to adjourn the Council meeting at 9:55 P.M. Motion, Ayes 5, Nays 0. 13 Attachment to 10/26/87 Council Minutes EXHIBIT #1177 -A Page 1 of 6 ALTERNATIVE I Deny CUP and require total restoration of original site grade with elimination of walkout.. Advantages: a. Ground restored to original preconstruction condition and after - the -fact ordinance "violation" eliminated. b. Amount of retaining wall can be minimized. Disadvantages: a. Use of 18" to 27" storm pipe required to eliminate pre- existing drainage condition. b. Use of 18" pipe would require drainage easements from adjacent properties (i.e. Dennis' and Berthumes) but who acquires and who pays for ponding and "positive overflow " ?. C. Sediment control devices (catch basins, etc.) required with pipe require regular maintenance to function properly. d. "Trapped" storm-water if maintenance breaks down or pipe plugs (or in the event of a 100 year flood) could result in flooding of Waters' and Dennis' homes with attendant legal consequences, i.e. a "taking." if such flooding resulted from storm water run -off from other properties. e. Further disturbance of lakeshore during regrading/ reconstruction period and replacement with less cohesive soils initially. f. Cost. (i) Storm sewer (and overflow grading if required) : (ii) Grading to restore slopes and landscaping: $13,000 - 14,000 5,500- 6,500 (iii) Decrease in home value because of loss of walkout based on appraisal: 22,500 (iv) Reconstruction cost to eliminate walkout design (exclusive of rip- rapping): 20,200 $61,200- 63,200 Note: potential recovery of increased interest that would be payable by Waters on a $360,000 mortgage over 30 years (1/2% increase equals $46,623 before DPV). Attachment to 10/26/87 Council Minutes EXHIBIT #1177 -A Page 2 of .6 ALTERNATIVE lA Grant CUP but require only partial restoration to original hill and slopes to retain walkout design. Advantages: a. Same as (a) and (b) to Alternative 1. b. House is not disturbed and reconstruction cost of $20,200 is eliminated. Disadvantages: a. Same as (a) through (f) to Alternative 1 except for $20,200 saving. b. There 'is not adequate distance to slope up from the lake down to the walkout and provide a 10' to 15' yard area in front of walkout. c. Does this represent "compromise for compromise sake" without addressing merits of alternate, more preferable, drainage solutions? d. Design advantages (visual, aesthetic, etc.) are effectively.lost to Waters'. e. Increased grading cost for overflow grading on Dennis' property-with 18" pipe of $1,000 to $3,000 and easements must be obtained. . Attachment to 10/26/87 Council Minutes EXHIBIT #1177 -A Page 3� of 6 ALTERNATIVE II Grant CUP to permit Waters' original plan. Advantages: a. Swale design provides overland drainage for Waters' and Dennis' lots eliminating need for new storm sewer. b. Swale design is sufficient to accommodate 100 year storm event. c. Grass swale is preferable environmentally to a pipe according to everyone. d. The slopes will be stabilized with retaining walls and flatter yard area to facilitate sediment filtering and ground water recharge. e. No cost to the City to solve pre- existing drainage problem that City may-have responsibility for. f. Responsive to FPWM ordinance regarding drainage and flooding. Disadvantages: a. Concern about the after - the -fact nature of the CUP request and potential precedent. b. Action may also be perceived by some as not being responsive'to FPWM ordinance regarding lakeside grading and excavation. Note: There is another variation on this design involving the construction of a berm that would help soften the abrupt land form cut. It would also soften any visual/ aesthetic concern the City might have about building exposure to the lake by softening that exposure and reducing the wall with berm construction. `Attachtient to 10%26/87 Council Minutes EXHIBIT #1177 -A \ Lake Minnetonka Page 4 of 6 /OIL lob • ,aa 110 �e 'a WAW- �> ms's • Ito 1 GT4&jWAL MOU-£ IIF 1`J CAJtA V.A-AN \ n BASK 0 I 1 VX"I P 6ATW W(VIN • 1 1 ' r�PAYEti SfMN IA.., *MAMA 014L'( -To l� tiENERAL. 4ANDTCM AMD IS NOT To M WNAAM?j ED AN A/-1A"Tr- hrrC--SUr-VE.`( i Scale: 1" =30' Original North Site Conditions 0 30' 60' Attachment to 10/26/87 Council Minutes EXHIBIT #1177 -A Lake Minnetonka Page 5 of 6 rop ry 106 rd �up fIo 11111 l ii 11111 �1111� f 1�����1► -,�-- --_ail j � I i W, Hwy `00 - "o 0 X r : i Ir ' -W4AM'( AAMN V2 MtNMD 094 'TO> t � t4ENUAL t ANDFOM ANA V5 NOT TD M AN ACL{P•Ar- 9rrr- 6UPFs`( i Scale: 1" =30' EEEEEMEEi —) North 0 30' 6 0' WWI Proposed Site Conditions Attachment to 10/26/87 Council Minutes rib 5 EXHIBIT #1177-A Page 6 of 6