Resolution - 14-09 - Setback Variance - 2401 Black Lake Road• RESOLUTION NO. 2014- 4)
CITY OF SPRING PARK
HENNEPIN COUNTY, MINNESOTA
A RESOLUTION APPROVING A SHORELINE SETBACK VARIANCE FOR
CONSTRUCTION OF A DETACHED GARAGE AT 2401 BLACK LAKE ROAD, IN
THE R-1 SINGLE FAMILY RESIDENTIAL DISTRICT, WITHIN THE CITY OF SPRING
PARK, MINNESOTA
WHEREAS, Paul Fadell has submitted a complete application and plans for a
variance to allow him to construct a detached garage, and associated driveway, deck,
and landscaping, within the required shoreline setback in an R-1, Single Residential
Zoning District; and
WHEREAS, the Spring Park Planning Commission held a public hearing and
reviewed the application at their February 12, 2014 meeting; and
WHEREAS, the site is guided for low density single family land use and is zoned
R-1, Single Family Residential District and the proposed variance is consistent with the
City's Comprehensive Plan and zoning; and
is WHEREAS, upon Planning Commission review of the application information, the
NAC planning report dated February 5, 2014, and public testimony, the Planning
Commission made the following findings in favor of the requested variance:
The proposed garage, driveway, deck and landscaping will add value to the
property and is in character with the locality. The continued reinvestment in the
single family property is a reasonable use of the property and is consistent with
the residential goals and policies of the Comprehensive Plan.
2. The site exhibits practical difficulties unique to the property including:
a) Unique lot configuration and steep topography, creating difficulty in the legal
placement of site structures.
b) Unbuildable conditions given the strict application of required lot area and
setbacks.
3. The requested variance is not out of character with surrounding properties.
Several of the homes along Black Lake Road fail to meet the required 50 foot
shoreline setback, and the applicant is requesting the minimum setback variance
necessary to be able to have a garage on the property. In addition, the
requested garage use is in character with the surrounding neighborhood.
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4. The variance and garage building will not negatively impact adjoining properties.
• WHEREAS, based on the variance findings, the Planning Commission then
recommended approval of the requested variance subject to certain conditions; and
WHEREAS, the Spring Park City Council has reviewed and considered the
variance for the Fadell garage located at 2401 Black Lake Road in Spring Park and
agrees with the findings and recommendations of the Planning Commission and City
staff.
NOW, THEREFORE BE IT RESOLVED that the City Council of Spring Park,
Minnesota hereby approves the variance and site plans for a detached garage within a
reduced shoreline setback for the property at 2401 Black Lake Road in accordance with
the attached site and grading plans dated January 2014 (with revisions as directed by
the City Engineer), and subject to the following conditions.-
1 The applicant provides size and treatment calculations for the proposed rain
gardens, and a description of rain garden plantings, for review and approval by
the City Engineer. The rain gardens shall be located out of storm sewer
easement areas.
2. The applicant provides details as to the number, size, and species of landscape
plantings for the back of the garage facing the lake.
3. The applicant provides the location and extent of the temporary soil stockpile and
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berm area, for review and approval by the City Engineer.
4. All disturbed areas are to be restored to lawn or other ground cover/plantings
immediately following completion of construction, and prior to receiving the
certificate of occupancy.
5. Upon implementation of the proposed project, impervious surface on the site
must be reduced down to a maximum of 26%, or 22% with the application of
pervious pavers on the proposed driveway (City recommended method).
6. The applicant adheres to additional recommendations from the City Engineer
provided in the attached engineer report dated February 4, 2014, as follows:
a) The proposed garage floor elevation and lower floor elevation of the garage
shall be identified on the survey.
b) The proposed finished grade elevations for the driveway and lower patio area
shall be shown on the survey to ensure that storm water does not drain into
the building.
c) Grading shall not encroach on adjacent property unless the applicant obtains
• a grading easement from the adjoining property owner.
d) The slope of the finished ground surface be constructed to a 4 to 1 (horizontal
to vertical) slope. If this slope is not feasible a maximum slope of 3 to 1 may
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• be substituted. The survey shall be revised since some slopes are greater
than 3:1.
e) The proposed slope along the south wall of the existing home shall be
modified, or a retaining wall shall be implemented at the southwest corner of
the home to rectify grading in that area.
f) Each end of the silt fence shall be directed towards the east a few feet in
order to prevent storm water and sediment from draining around the end of
the silt fence.
g) The rain garden basins shall be protected from construction traffic in order to
avoid compaction of the soil. A temporary barrier fence should be placed to
protect the basins.
h) Applicant shall confirm quality of soils. If clay soils are identified, a perforated
drain tile shall be placed at the bottom of each rain garden and extended to
drain by gravity downstream of the basin.
i) An erosion control device (silt fence or bio-roll) shall be placed around each
rain garden to protect the basin from sediment, until turf is established.
• j) The slope of the rain garden basins shall be a minimum of 3:1.
k) The rain gardens shall be owned and maintained by the applicant.
1) If the on -site soils are clay, a free draining granular sub -base shall be placed
under the pavers, based on the manufacturer's recommendations. A drain tile
system should also be placed to drain the sub -base.
m) Applicant shall provide the City Engineer certification that the retaining walls
over 4 feet in height are properly designed and constructed for their intended
purpose.
n) The south retaining wall shall be shifted so it does not encroach on the storm
sewer easement.
7. The applicant shall provide certification that the variance and all associated
conditions have been recorded with the County.
8. The garage project will reduce impervious surface on the subject property and
improve stormwater management through the implementation of rain gardens
and pervious pavers, which will have a positive impact on lake water quality. The
City's decision to approve the requested variance from the shoreland setback
• requirement took these efforts into consideration. As such, the rain gardens shall
be constructed, maintained, and protected in a fully functioning condition for the
life of the subject property.
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9. The applicant shall provide evidence of the location of the south lot line
monuments prior to building permit issuance.
10. All conditions herein provided shall be heeded by the present landowner and
applicant, and any future owners of the subject property.
ADOPTED by the City Council of the City of Spring Park this 3`d day of March, 2014.
CITY OF SPRING PARK
By: _2�Z11
Sarah Reinhardt, Mayor
ATTEST:
By: hL L_
Wendy LoWin, City Clerk
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