Variances - 2401 Black Lake Road - 5/28/2021Meeting Date:
Agenda Item:
March 3, 2014
9a
TITLE: Fadell Shoreline Setback Variance
RECOMMENDED ACTION:
Approval of the attached shoreline setback variance resolution to allow Paul Fadell to
build a detached garage on his property located at 2401 Black Lake Road.
POLICY CONSIDERATION:
The City Council's approval will be based on agreement with the findings and
recommendations of the Planning Commission, which confirm that the application
meets the criteria for variance approval provided in the Spring Park City Code and
Comprehensive Plan.
BACKGROUND:
Paul Fadell submitted an application and plans for a variance to allow him to build a
detached garage within the required 50 foot shoreline setback. Planning staff reviewed
the application and provided a planning report dated February 5, 2014 recommending
approval of the requested shoreline setback variance based on the finding that the
proposed variance is consistent with the City's Comprehensive Plan and Zoning
Ordinance. The Planning Commission held a public hearing and reviewed the plans
dated January 8, 2014, and made findings in favor of the requested variance. The
Planning Commission findings and conditions are provided in the attached shoreline
setback variance resolution.
FINANCIAL OR BUDGET CONSIDERATIONS:
None.
Attachments: February 5, 2014 Fadell Variance Planning Report
Fadell Shoreline Setback Variance Resolution
Prepared by: Alan Brixius, City Planner
Reviewed by: Alan Brixius, City Planner
Spring Park Planning Commission
Recommended
for Approval by: Spring Park Planning Commission
Alan Brixius, City Planner
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RESOLUTION NO. 14-09
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
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 or the required 30 foot front yard setback from the street. 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.
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 for a detached garage within a reduced
shoreline setback for the property at 2401 Black Lake Road in accordance with the
plans dated January 2014 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
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
2
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 the 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.
3
ADOPTED by the City Council of the City of Spring Park this 3rd day of March, 2014.
ATTEST:
Wendy Lewin, City Clerk
CITY OF SPRING PARK
In
Sarah Reinhardt, Mayor
4
FEB 0 7 2014
MEMO
On Lake Minnetonka
DATE:
May 11, 2015
TO:
File - 2401 Black Lake Rd
FROM:
Wendy Lewin
RE:
Variance Extension...
Kyle Gering, 763-400-1235, stopped in at city hall on May 8, 2015 to declare he was interested in
extending the variance time period. He said the past winter proved he needed to do something
different as he had difficulty driving up the steep slope from his house to the road. He said the cost
to do what the variance requires is a factor but he hopes to get started sometime this fall, 2015. He
said he would look for completion sometime in the spring, 2016.
Gering was told his variance would be extended another year (May 2016) in order to accommodate
his plans. If the variance project is not completed or at least started by Spring, 2016, the variance
will be considered expired and any attempt at future changes will be subject to the variance process
once again.
It should also be noted that if a building project such as this is started, building code requires a
timeline for completion. Simply starting a project does not ensure its intent; completion of the project
is required within building code timelines.
/wl
cc: Kyle Giering
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On Lake Minnetonka
April 17, 2015
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KYLE M GIERING
ASHLEY N HANSON
2401 BLACK LAKE RD
SPRING PARK MN 55384
Dear Mr. Giering and Ms. Hanson:
ci ee. -,y '
Please be advised that one year has passed for the property alteration at 2401 Black Lake Road,
Spring Park, MN according to the variance granted to previous owner, Paul Fadell. Since you
became the new owners of the property, there have been conversations with you regarding the timing
of this variance. So far, the city has not been approached by you in order to proceed.
At this time, the city is allowing you until twelve o'clock noon, May 8, 2015 to file for an extension in
order to keep this variance in effect. Please see the city code language below. If you do not file for
an extension by the aforementioned date and time, the city will consider your variance to be null and
void. As you can see from the code language, variance extension needs to be approved by the city
council.
Please note this variance was hard fought and won favorably by the property owner. You would be
advised to seek extension in order to keep this alive.
Sincerely
lu .
Wendy Lewin, City Clerk
Sec. 42-168. - Lapse of vaan* a or appeal.
Whenever within one year after granting a ja a or appeal, the use as permitted by the van a or appeal shall not have
been completed or utilized, then such 1yariance or appeal shall become null and void unless a petition for extension of time in
which to complete or to utilize the use has been granted by the city council. Such extension shall be requested in writing and
filed with the zoning administrator at least 30 days before the expiration of the original v a e or appeal. There shall be no
charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete or
utilize the use permitted in theyaanii a or appeal. Such petition shall be presented to the planning commission for a
recommendation to the city council for a decision.
Cit of S�rinJc Park
4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160
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SPRING PARK
On Lake .Minnetonka
April 17, 2015
KYLE M GIERING
ASHLEY N HANSON
2401 BLACK LAKE RD
SPRING PARK MN 55384
Dear Mr. Giering and Ms. Hanson:
Please be advised that one year has passed for the property alteration at 2401 Black Lake Road,
Spring Park, MN according to the variance granted to previous owner, Paul Fadell. Since you
became the new owners of the property, there have been conversations with you regarding the timing
of this variance. So far, the city has not been approached by you in order to proceed.
At this time, the city is allowing you until twelve o'clock noon, May 8, 2015 to file for an extension in
order to keep this variance in effect. Please see the city code language below. If you do not file for
an extension by the aforementioned date and time, the city will consider your variance to be null and
void. As you can see from the code language, variance extension needs to be approved by the city
council.
Please note this variance was hard fought and won favorably by the property owner. You would be
advised to seek extension in order to keep this alive.
Sincerely,
Wendy Lewin, City Clerk
Sec. 42-168. - Lapse of Eariance or appeal.
Whenever within one year after granting a yanance or appeal, the use as permitted by the variance or appeal shall not have
been completed or utilized, then such ua ance or appeal shall become null and void unless a petition for extension of time in
which to complete or to utilize the use has been granted by the city council. Such extension shall be requested in writing and
filed with the zoning administrator at least 30 days before the expiration of the original aiaice or appeal. There shall be no
charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete or
utilize the use permitted in the , or appeal. Such petition shall be presented to the planning commission for a
recommendation to the city council for a decision.
Cif of shKny Park
4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160
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CITY OF SPRING PARK
PLANNING COMMISION MINUTES
FEBRUARY 12, 2014 - 7:00 PM
n� SPRING PARK CITY HALL
On Lake Minnetonka
1. CALL TO ORDER — Jeff Hoffman called the meeting to order at 7 pm.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL — Mason, Struck, Kaczanowski, Hoffman. Council Ex-officio, Shirley Bren.
Administrator Tolsma, Clerk Lewin, Planner Brixius. Several members in support of Fadell
variance application.
4. ADOPT AGENDA — Struck makes a motion and Mason seconds to adopt the agenda. All
votes ayes, motion carries.
5. APPROVAL OF MINUTES
a. Planning Commission Meeting Minutes from January 8, 2014 — Struck makes a motion
and Kaczanowski seconds to approve the minutes. All votes ayes, motion carries.
6. CONSIDERATION/DISCUSSION ITEMS
a. 2401 Black Lake Road Variance Application —
Brixius said there is a request for construction of a 22x22 detached garage. He said this is
zoned R-1 and the existing site is legal non conforming. He said the site has history and
Brixius points to photos. He said the house used to have a tuck under garage but it was
decided to use this as living space. Brixius said a variance application came before the council
in 2006 for the purpose of building a garage and it was denied. The applicant is requesting a
new garage location. The footprint is 22 x 22 and it is worked into a slope. He said a
foundation is being proposed versus the garage being set upon fill. Brixius said accessory
garages are allowed in R-1 districts. Since the 2006 proposal the comprehensive plan has
focused on modernization of the housing stock. He said it also needs to maintain the
character of the neighborhood. Aerial photos illustrate the challenges posed on Black Lake
Road. Brixius said there was opportunity to build a garage previously and it was declined. He
said the variance criteria has changed and the lot is unique and the circumstance is it wasn't
created by the property owner.
Brixius said in looking at the site there are lot setbacks that are allowed to be averaged. It
meets the lot width requirements. The building has been shifted to the north so it is outside the
drainage easement and compliant with the sideyard setbacks. The only setback variance
being requested is the lake setback from 50 feet to 35 feet. Pervious pavers are being
proposed and a slated deck to allow runoff to flow through. He said the impervious surface
has been reduced and stormwater and erosion control will be required. Additionally rain
gardens will be reviewed and approved by the city engineer. There are a number of conditions
as set out in his memo. Brixius suggested softening of the lakeside presentation of the garage
with landscaping. He said the total floor area of the proposed garage is under the 1000 square
4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160
2
foot requirement and the height of the garage is within the required standard. Brixius said if
approval is granted, there are conditions that need to be considered and they are outlined on
page seven of the planner's memo. Struck asked about the impact on the neighbors on the
south side. Brixius explained because of the easement it is more than compliant with the
setback. She wonders about the slope flowing to the neighboring property. Brixius said it is a
requirement of the engineers report that drainage be designed to flow to the rain gardens.
i. Open Public Hearing — Hoffman opens the public hearing at 7:19 pm. He
directs those with comments to step to the podium.
ii. Comments/Discussion -
Fadell is the current homeowner. He said he purchased the home in 2003 along with a friend.
They were bachelors and thought it would be a fun project. He said the structure was a lake
cabin and the driveway had a very steep grade and he believes that is his hardship. He said in
redesigning the property, their concern was the foundation and it was found the house had to
be rebuilt. They were concerned about being stuck with something that couldn't be changed.
Fadell said fast forward ten years and he is the primary owner now after buying Neve out. He
.said he is married and has four children and they've outgrown the two bedroom house. Fadell
said his wife was unable to make it but his wife wanted it known that one of their children has a
neurological condition and it is necessary they need to relocate closer to a primary care
provider. Fadell said he is open to working with the Watershed for the rain garden
recommendations. Kaczanowski asked about reducing the impervious surface. Fadell said
the driveway will be shortened and narrowed and therefore it reduces the impervious surface
so it's gone from 28 to 22%. Kaczanowski asked about the garage size of 22'. Fadell said it is
designed to be as small as possible and allow movement around the vehicle. Brixius said the
initial proposal was 20x20 and it doesn't allow for extra items to be stored. Hoffman said it's
nice to see a sizeable driveway in front of the garage from a safety standard. Kaczanowski
wondered if a single car garage was considered. Fadell said width has never been a problem,
it's the depth. Kaczanowski wondered about obstructed views. He thought there could be a
couple affected properties across the street. Fadell said he does have a support sheet signed
from the neighbor across the street. Mason asked about storage underneath the garage.
Fadell said it's about 484 feet. Mason wondered what the floor will be and Fadell said it will be
on a slab. Kaczanowski asked if there will be any fill added and Fadell said no, because of the
garage being placed on a foundation instead of a filled site. Hoffman asked about calculations
where adjoining properties would be averaged. Brixius said averaging was previously
eliminated on the shoreline side but it's allowed on the street side. Hoffman said he thinks the
garage looks very nice and it will add a lot. Hoffman said it's always a concern due to
precedent and they have to justify their recommendations. He said the fact that this is a
garage and we are updating our accessory structure ordinance, the timing is good.
iii. Close Public Hearing — Hoffman closes the public hearing at 7:34 pm. Kaczanowski
asked about the house to the south and said they are setback about 29 feet so the garage is
not extending beyond that. Kaczanowski asked about the floodplain and wondered if the DNR
would be involved. Brixius said no, the DNR will not be involved with this. He said the
basement of the garage has to be three feet above the ordinary high water mark and, it is.
Struck said it looks like most of the residents on Black Lake Road have garages so it's not out
of character. Mason asked about the easement and wondered if there would be a problem.
Brixius said the easement would remain unencumbered. Kaczanowski said the existing
driveway goes almost to about 20 feet from the lake but with the proposed garage they are
improving the situation by backing the parking away from the lake and he thinks that's a plus.
Hoffman noted as part of the official record there was one letter submitted from Steve and
4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160
3
Pauline Erickson, 4367 Shoreline Drive, and they are in objection of the variance being
approved.
iv. Recommendation to Council — Hoffman will accept a motion to recommend to the
council the variance request for 2401 Black Lake Road lakeside setback and to include the six
conditions in the planner's report on page seven. Struck would like to make that motion
provided the items on page seven under section d. are met. Brixius asks to include the
findings on page six and seven. Struck accepts that friendly amendment. Mason
seconds. Motion was approved unanimously.
b. Accessory Structure Size Limit Draft Ordinance — Brixius said this is a draft for
discussion. He said the joint workshop meeting offered a number of suggestions for
definitions, size, exempting attached garage floor area and establishing a number for
accessory structures. He said before this goes to public hearing, there are items that need to
be discussed further. Brixius goes through his attached redline memo specifically regarding
height requirements, number of detached accessory buildings, allowable size, exterior
materials, water sources allowed but restricted, prohibited uses are restated, connection to
principal building and impervious surface elements.. Kaczanowski asked about a gazebo that
is open air and Brixius said this should be made more clear.
Comments: Under definitions, Hoffman said he thinks that looks good. Brixius asked about
construction time -frame regarding the principal structure has to be built first and PC is good
with that. Brixius asked about floor area. Struck said a large building was recently voted down
because it superceded the size of the house. She said a 1200 square foot garage could be
larger than a lot of homes in Spring Park. Struck is also concerned with allowing an attached
garage with no limitations in size. She said there could be a 4,000 sf house and then they
could have a 4,000 sq attached garage. Hoffman asked what were the numbers she was
thinking. She said she wasn't sure. Brixius said it can be based on the foundation size or the
square footage of the house. He said foundation size gives more control. Mason said it's
desirable to be able to move items inside versus outside. He feels a 1200 square foot garage
would be nice if it was in keeping with the character of the neighborhood. Struck is concerned
with the small lots and wonders if 1200 square feet is too big. Brixius said if it's based on the
foundation footprint, there is some protection that way.
Regarding accessory building size — (detached garage), Mason thinks the 1200 square
feet is good. Struck thinks it should be limited to 1000, Hoffman 1200 and Kaczanowski
votes 1000, vote is split. Hoffman is in favor of 1200 because he thinks anything like
this will be architecturally designed and it will be proportional. Struck agrees with that
on new construction but she is concerned with someone just adding a garage, it might
not be designed.
Size of the attached garage and how should that be determined - Struck wonders if it
can be a percentage. Hoffman talks about a tuckunder garage situation. Brixius said
most tuckunder garages also need an entrance. Brixius said it's easier to base it on the
foundation size. Mason can live with 80%, Struck said 80% Hoffman said 100% and
Kaczanowski feels somewhere in between.
Building height - 16 feet with median grade and median point of the roof. No change.
Number of accessory buildings - Hoffman said he was never in favor of allowing more
than two buildings. He said a house with an attached garage, a detached garage and a
100 square foot shed seems allowable. Kaczanowski asked about the number of
garages. Struck said there are some interesting lot sizes and some interesting
4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160
4
setbacks. She said using her property as an example in order to be within in the
setbacks she would not be able to build a two car garage because it would go into her
house. She would then build two single car garages based on the lot configuration.
She said she would also probably need to have a shed. Mason likes the idea of a
detached garage and a shed. Brixius said the total number of accessory buildings have
to stay within the square footage cap. He said maybe it's an attached garage and one
detached building. Hoffman said not all accessory structures are garages. He said
there can be a greenhouse, a pool house, a gazebo. Kaczanowski wonders if there are
any statistics on how many properties have accessory structures. The question is if
there is an attached garage, does the attached garage count as one of the accessory
structures. All PC's are okay with the language as written in the planner's memo.
• Architectural Materials - Hoffman said he's starting to see metal panels as an
architectural style so he doesn't think they should be disallowed. He's in favor of
allowing a percentage. Brixius said this may be an issue with new construction but he
would be hesitant to encourage something that doesn't match the siding of the house.
It's decided that there will be a limit put on materials at 30%.
• Plumbing - Hoffman, Mason and Kaczanowski vote for allowing a toilet and Struck votes
against the toilet. The language will remain as suggested.
• Continuous foundation and underpinning is considered a continuation of the foundation.
• Next item was setbacks and all required should be met.
• Brixius said the stormwater impervious surface section will be added after it's reviewed
by the engineer.
Struck asked about building permits lasting longer than a year. Brixius thought it was
part of the building code and he could check with the building inspector on this.
7. COMMUNICATIONS
a. Council Minutes January 21, 2014
b. Council Work Session Minutes January 27, 2014
8. MISCELLANEOUS -
9. ADJOURNMENT — Mason makes a motion and Struck seconds to adjourn the meeting at
8:51 pm. All votes ayes, motion carries.
Wendy Lewin, City Clerk
Dan Tolsma, Administrator
4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160
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1 PARF17
On Lake Minnetonka
CITY OF SPRING PARK
CITY COUNCIL MINUTES
MARCH 3, 2014 — 7:30 PM
SPRING PARK CITY HALL
1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 p.m.
2. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt
3. INTRODUCTIONS — Reinhardt introduced the council and staff to the public. Administrator
Tolsma, Attorney Beck, Engineer Pearson, Planner Brixius.
4. PLEDGE OF ALLEGIANCE -
5. ADOPT AGENDA — Williamson makes a motion and Hughes seconds to adopt the
agenda. All votes ayes, motion carries.
6. ADOPT CONSENT AGENDA — Sippel makes a motion and Williamson seconds to adopt
the consent agenda. All votes ayes, motion carries.
a. City Council Regular Meeting Minutes from February 3, 2014
b. Administration Committee Minutes from February 12, 2014
c. Planning Commission Minutes from February 12, 2014
d. Work Session Minutes from February 24, 2014
7. PUBLIC FORUM — No one.
8. PRESENTATIONS & GUEST SPEAKERS — Reinhardt said the Gillespie Center will
reschedule at a later date due to a conflict.
a. Donna Smith — Gillespie Center
9. PETITIONS, REQUESTS & APPLICATIONS —
a. Resolution 14-09: Variance Application 2401 Black Lake Road
Reinhardt said the Planner will give a report then there will be questions of the applicant.
Brixius said this property had come before the council in 2003 to replace an existing home. He
said in 2003 the original building had a tuck under garage and it was decided to convert that into
living space. He said in 2006 a petition by the property owner came before the council to add a
detached garage to the property. This variance was denied as it was deemed to be a hardship
created by the property owner.
Brixius illustrated the garage being proposed tonight. He pointed to rain gardens being proposed
and said this has been reviewed by the city engineer. He also said variance criteria has changed
since 2006. Brixius said the rules for variance have been changed by the state and the state
statute now reads a determination if the use is reasonable within the context of the neighborhood
and are there practical difficulties to meet the code requirements. Brixius said one condition is if
it's consistent with the comprehensive plan and Brixius said modernization is encouraged. He
said shoreland protection is required and this has been addressed with this application. Brixius
said most Black Lake Road homes have garages and he noted R1 and R2 setbacks are identical.
He said the request is not out of character with the neighborhood. Brixius said most properties on
BLR have variances on the street side and the lake side. He said at one point in time variance
was disallowed if the hardship was created by the property but now it's different.
Brixius said the site is undersized and the applicant is asking for a 22 x 22 garage. He said the
placement of the garage is outside the easement, there will be a slatted deck and rain gardens for
storm water treatment. Brixius said the total proposed floor space is under 1000 square feet for
both floors. He said street setbacks are averaged and a variance is not needed for the garage on
4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160
the street side. Brixius said there is a 20 foot clearance from the garage to the street providing
room for a parked vehicle.
Brixius said the variance being requested is the setback from the lakeshore from 50 feet to 35
feet. Brixius said the garage is consistent with the surrounding area and the impervious surface is
being reduced. Brixius said a landscape plan will be requested in order to soften the lakeside
facade and a restoration plan upon completion. Brixius said the PC reviewed this and felt it met
the criteria for variance. He said the conditions are identified. Brixius said the PC recommends
approval.
Sippel asked about the improvements to make it attractive for sale. He is concerned the next
property owner may take the rain gardens out and wonders if this will be recorded with the
property. Brixius said the variance is recorded and the conditions can be recorded with the
variance and Brixius would incorporate that into the resolution. Williamson said enforceability has
proved be difficult. He said it's one thing to make promises but wonders what the insurance is.
Brixius said there can be stipulations that everything has to be approved per the plan. Brixius said
for future maintenance, there are always the concerns things change. He said it then becomes an
enforcement procedure and administrative enforcement would be necessary.
Reinhardt asked property owner Fadell to speak. Fadell said he thanks Brixius and Hughes for
crafting this final plan. He said the past history is two young guys bought this older lake cabin and
took a risk to reinvest in the property and rehab what was there. He said Graham Neve was a
partner in this and he lead the original variance request and he didn't really take part in that.
Fadell said he's now wiser as time has gone on. Fadell said the slope of the driveway is an
extreme hardship. He said he needs an all terrain vehicle just to get out of it. Fadell said he's
looked at the comprehensive plan and is hoping he is granted the opportunity to bring this
property into modern times where a garage is considered a necessity. Hughes said he has lived
next to Fadell for 11 years. He said he's voted on the past two applications and this is by far the
best plan he's seen from a practicality. He does have some concerns however. Hughes wonders
about a cleaner designation of the side yard. He said he wants to avoid future problems with
property line disputes. Brixius said there it can be stipulated that verification of property lines and
monument locations need to be identified or replaced.
Sippel said he remembers this from previous and he believes the applicant has addressed all their
concerns and it's a good plan. Hughes said he still has a concern about the variance from the 50
foot lakeside setback. Reinhardt said she was pleased as well to see how this has evolved. She
too is concerned about the less than 50 feet from the lakeshore. She feels the reasons are solid
that have been presented. Hughes asked about who would do the work on this. Fadell said the
house is for sale presently. He said it doesn't work for his size of family anymore. He said if the
house is sold he doesn't know who would actually do the work. Hughes said he's concerned
about the quality level if Fadell doesn't do the actual contracting.
Brixius said two more conditions could be added, the applicant will record the variance conditions
on the property title and the rain gardens are part of this approval and be maintained and the
applicant shall locate and identify the south property monuments. Reinhardt asked about how
long a variance is good for and how soon must they act on this. Brixius said it's approved for a
year and if work is commenced, it must show continual progress according to the building permit
process. Brixius said Fadell needs a building permit and engineering elements need to be
verified.
Williamson said he has witnessed this property come in front of the council several times and he
thinks it's been managed as well as humanly possible. He said a garage has always been an on-
4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160
going issue with this property. Williamson is concerned about the conditions being met and
especially with a subsequent owner. He said now there is potentially a downgrade in the
standards approved. He said the biggest issue is the lakeshore setback. He said dealing with the
topography, considerations have been accounted for. He said this can be a problem anywhere
within the watershed. He said one of the solutions has been to increase the setbacks. However
Spring Park appealed to the DNR to allow for 50 foot setback versus the 75 foot setback
suggested. He said Spring Park did get approved for 50 feet due to the already existing non
conforming lots. Williamson feels this is a radical reduction from 50 feet to 35 feet. Brixius said
the model shoreline setback couldn't be met. He agrees that the setback intent provides for
stormwater treatment and it makes for separation. However, he said when looking on either side
of Fadell, it's not out of character in the neighborhood. Brixius said to counteract the lakeside
setback the impervious surface is being improved and so many improvements have been factored
in compared to what is currently in place. Brixius said there are Shoreland filter strips being
designed for this property and it's all that can be done with the existing property.
Williamson wonders what will the standard be applied to another property. Brixius said the
circumstances are looked at, determination made if it's a reasonable use, if it's within the
character of the neighborhood and if it is an investment into the property and the city as a whole.
Hughes asked Fadell about raising it to street level and proper grading. Fadell said the slope will
be done properly.
Reinhardt moves to approve resolution 14-09 for construction of a detached garage with
the addition to record the variance on the title on file with the county and the condition the
rain gardens are always maintained and the south side property line monuments are
verified. Sippel seconds. Hughes comments on the wording of the resolution under item #3.
He wonders about the 50 foot setback to the lake and not including the front yard setback. Brixius
said this is one of the findings. He said they are compliant with the street side. Hughes makes a
friendly amendment to Resolution 14-09 under #3 to strike the rest of the sentence after
...shoreline setback. Reinhardt is okay and Sippel is okay with that friendly amendment. Hughes
said he's concerned about the 50 foot shoreline setback encroachment however he said he's
researched previous requests and has noted he doesn't see Fadell's name mentioned in those
previous documents so he has softened his feelings on this. Sippel, yes; Bren, yes; Hughes,
yes; Williamson, yes; Reinhardt, yes; Motion passes unanimously. Brief break taken 8:27
pm
10.ORDINANCES & RESOLUTIONS
a. Ordinance 14-01: Accessory Structure Moratorium —
Reinhardt said the city is under an accessory structure moratorium. Background information is the
initial expiration date is being approached. Tolsma said he and Beck have been working on
extending the moratorium. He said it's more complicated and it requires a public hearing. He said
the moratorium will expired on the 14th and the council meets on the 17th. He said if the council
works from the PC's recommendation they will have something to work from. He said he would
recommend adopting the ordinance and getting it on the books and it can be reworked after that.
Tolsma said the public hearing is scheduled for March 12th and he said there is a draft ordinance
that will be ready to move forward. Williamson wondered if commissioners are still divided two to
two on the square footage size. Williamson wonders why this has become so complicated. Beck
said what's odd is a public hearing was not necessary to adopt the initial moratorium. She said it
specifically says in order to extend an interim ordinance, a public hearing is necessary and it can
only be extended for three years, none of which probably technically applies. Beck said a different
moratorium could be adopted as the first one was for study purposes. She said by resolution
another interim ordinance could be adopted to get through it. Sippel said his primary concern was
a conditional use within a residential neighborhood and he thought that was taken away. Beck
4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160
I
KI
thinks the PC has scheduled a public hearing on an amendment of the zoning ordinance so a new
interim ordinance moratorium could be established. Williamson asked if this is a parallel. (Beck is
asked to draft some new language while the meeting continues.) Beck said she has drafted some
language while the meeting has continued and she has adjusted the current resolution as
minimally as possible. Beck wonders about 45 days and said she may recommend a specific date
instead of days. Hughes thinks 60 days or April 30th makes the most sense. Hughes makes the
motion and Williamson seconds for a new interim ordinance for accessory structures in
excess of 1000 square feet through April 30, 2014. Motion passes four to one, Sippel votes
nay. Motion carries.
11. REPORTS OF OFFICERS & COMMITTEES
a. Mayor and Council
I. Orono Comprehensive Plan Amendment - Request for Comments —
• Reinhardt said this was discussed at the February 3rd meeting and there were some
concerns about sanitary sewer and 50 new wells. Tolsma said the use of septic tanks was
clarified. He said this development is outside of the MUSA service area and they aren't
required to have sanitary sewer and the Met Council is not interested in amending the
boundary. He said ideally they would like to connect to a water service and they are
looking to connect with Minnetrista as Orono is not willing to extend water to that area.
Brixius said Orono changed the land use designation from golf course to rural residential
land use. He said adjoining communities get to comment on this comp plan amendment.
He said all lots will be two acre buildable to insure property drain fields and they must meet
standards. Brixius said this is consistent in what's occurring in the surrounding area.
Reinhardt said the next step is to notify Orono. Sippel questions Musa not expanding the
service area and wonders if this can be a requirement o the developer. Brixius said this
can't be required of them. It's decided that for the Met Council to bring sewer availability
the density will be increased so the lake water can be affected anyway. Williamson is
worried about unintended consequences. He is in favor of extending the Musa boundary in
order to treat the sewage. He feels the return comment should be not approving but no
specific objections at this time. Brixius said he thinks they're looking for comments. He
said he thinks it's unlikely they'll pursue a Musa extension. He thinks it's reasonable to
request exploration of joining Minnetrista for water. Bren asked about septic Mound
systems and she feels they are much more efficient than what was in place in older times.
Williamson makes a motion this council takes no position to Orono's change in their
comprehensive plan. Hughes seconds. All votes ayes, motion carries.
• Williamson said the LMCC can continue to operate under the preexisting franchise. He
said the communities that left are no longer receive LMCC programming.
ii. Appoint Planning Commissioner —
Reinhardt said there were two applicants and interviews were conducted. Reinhardt
would like to make a motion to appoint Gavin Tempero to the planning commission.
Sippel seconds. She said there were two solid candidates and many times there is no one so
it was nice to have a choice. Williamson makes a subsequent motion to appoint Pam
Horton. Hughes said both individuals are highly qualified and either one would be an asset.
He said he could vote for either one and both could bring something worthwhile. Reinhardt
appreciates Tempero's history of living in the area, she likes the fact that Tempero lives on
Lafayette Road and believes it offers a different perspective. Sippel said he's not familiar with
a substitute motion. Reinhardt said she is looking for a second. Motion dies for lack of
second. Reinhardt said there is a motion and second to appoint Tempero to the PC. Motion
passes unanimously. It is suggested to supply Tempero with the background material and
ordinance book.
b. City Administrator
i. Water Meter Radio Read Project Authorization —
4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160
Tolsma brings this to the council as he wants an official record approving this and where the
funds come from. Hughes said he thinks this comes out of the water fund. Williamson doesn't
want to deplete the fund down so he wonders about splitting it. Williamson is suggesting
$7,000 out of existing line item for meters and supply and the other half from the PIR fund.
Sippel would rather see all the costs come under the same fund so the accounting is clear.
Sippel moves to approve the $14,000 expenditure with the do nothing option and make
a note to the auditor in order to track this. Hughes seconds. All votes ayes, motion
carries.
c. City Engineer
i. Lift Station #5 Engineering Authorization —
Pearson has put together some information to authorize the plans and specs. Pearson said
there is a memo from MFRA describing the proposed project for Lift Station #5. He said there
is evidence that the LS is deteriorating. Pearson said the existing structure would be replaced
with a concrete structure, motors and pumps would be replaced, a valve manhole, a standby
electric generator and a control panel and temporary pumping to provide service to the existing
homes. Pearson said in March and April the soil borings and survey work will be completed.
He said June would be plan date to present final plans and specs to the council, bids would be
received by June 26th and provided to the council at the July 7th meeting. Pearson said if the
bids are awarded, the generator and control panels would be ordered and construction would
start in September and October and complete the project in November. He said estimated
fees are given in detail breakdown. Civil $45,000 Electrical $5,000, geotechinal of $4,300 for a
$54,300 total cost. Sippel wonders about a "to not exceed" number. MFRA said it's difficult to
predict because of variables but if the city prefers a "not to exceed" they could do that for the
design phase. Reinhardt said what's being authorized is the bidding and design phase and, if
the council agrees, then it goes out for bids. Sippel said with previous projects and reserving
the right to bond, he wonders if this happens now. Williamson said it can happen any time
during the process of the project. Sippel makes a motion to approve the expenditure as
proposed not to go past the bid phase and accept the not to exceed $14,483.
Williamson seconds. All votes ayes, motion carries.
d. City Attorney — nothing.
e. Utility Superintendent — nothing.
12. UPCOMING MEETINGS & TRAINING
a. March 12 — Administration Committee —1:00 PM
b. March 12 — LMCD — 7:00 PM
c. March 12 — Planning Commission — 7:00 PM
d. March 17 — City Council — 7:30 PM
13. UNFINISHED BUSINESS — Hughes asked for an update on the city inspector for nuisance
properties. Tolsma said there is a draft agreement in progress and it will come to the March
work session and it goes to the respective cities for approval. Tolsma said this is based on
through the 2014 year but there is a budgeted amount.
14. NEW BUSINESS & COMMUNICATION
a. Bills & Payroll — Williamson makes a motion and Hughes seconds to pay the bills.
All votes ayes, motion carries.
15. MISCELLANEOUS (Information Only)
a. AIS Symposium — Reinhardt said there is a small fee that the city will reimburse.
16.ADJOURNMENT — Sippel makes a motion and Hughes seconds to adjourn the meeting
at 9:30 p.m. All votes ayes, motion carries.
Wendy Lewin, City Clerk
Dan Tolsma, Administrator
4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
PLANNING REPORT
TO: Dan Tolsma
FROM: Alan Brixius
DATE: February 5, 2014
RE: Spring Park — 2401 Black Lake Road: Application for Variances to
accommodate a detached garage
FILE NO: 175.01 — 13.11
BACKGROUND
Paul Fadell is proposing to construct a 484 square foot (22' x 22') detached garage at
2401 Black Lake Road. The property currently has a 1,162 square foot paved area for
off-street parking, but no garage. A foundation and retaining walls will be constructed to
place the garage pad and driveway at street level. The applicant is also proposing an
open deck to serve as access between the detached garage and existing home, and
landscaping improvements including mulched areas with paving stone paths and rain
gardens for stormwater mitigation.
The lot is zoned R-1 Single Family Residential and is legally non -conforming as pertains
to lot size and building setbacks from the street, side yards, and ordinary high water
mark. The proposed garage is sited 35 feet from the ordinary high water mark, which is
similar to the setback of the existing home but will require a 15 foot variance from the
required 50 foot shoreline setback for accessory structures.
The site has a history with regards to the provision of a garage. In 2003 the applicant
received approval to demolish the original home on the parcel, and to build on the
existing foundation so as not to increase the non -conformity of the lot and home. The
demolished home had a tuck under garage; however the slope of the lot made it difficult
for vehicles to access a tuck under garage. As a result, once the new home was built,
the space previously used for a garage was used as a living area instead. At the time of
construction the City questioned the home owner on the need for a garage. The home
owner chose to forgo a garage in the house at that time.
In 2006 the applicant submitted a request for a variance to construct a detached garage
in the southeast corner of the property. The request was denied due to the fact that the
proposed garage required significant variances from front, side and shoreline setbacks,
the project would increase impervious coverage to 31 %, and the garage was proposed
to be located within a stormwater utility easement.
The applicant is now interested in selling his home and feels the provision of a detached
garage is essential to making the single family lot more livable. Their current request
makes an effort to address several concerns the City raised in the previous variance
denial. The current detached garage proposal reduces impervious surface on the site
by 8% (from 30% impervious to 22% impervious) by reducing the size of the driveway
and implementing pervious paving for the driveway surface. In addition, a variance from
the shoreline setback is the only variance required, as the garage is located outside of
the storm sewer easement and will not be non -conforming as pertains to side yard or
front yard setback requirements.
Attached for Reference:
City Engineer Report (February 4, 2014)
Applicant Narrative & Project Plans
ISSUES ANALYSIS
Variance Criteria. State Statutes have recently been amended revising the criteria for
variance as follows:
The variance must be consistent with the Comprehensive Plan.
The Spring Park Comprehensive Plan guides the land use along Black Lake
Road for low density single family homes. The applicant's requested uses,
including an accessory detached garage and landscaping improvements, are
consistent with this land use designation.
The City's residential housing strategies focus on renovation, modernization, and
redevelopment of existing housing stock. The requested improvements meet the
City's policy of supporting renovation and modernization of existing residential
properties, in a manner that maintains the character of the neighborhood and
community. The provision of a garage on the property will improve the usability
of the home and create a cleaner appearance for the property by providing a
space for the storage of residential vehicles and equipment.
In addition, the improvements are responsive to the City's goal of protecting
natural resources. The applicant is proposing to reduce hard cover/impervious
surface on his property through the implementation of rain gardens for
stormwater management and pervious paving for the driveway surface. Though
not part of this application the applicant has also expressed an interest in
pursuing shoreline restoration with the help of the Minnehaha Creek Watershed
District.
The following Comprehensive Plan policies are applicable to this variance
request:
Residential Policies:
1. Maintain single family residential neighborhoods and modest homes sizes.
2. Encourage investment and improvements to the City's existing housing
stock that adapt homes to the various life cycle needs of Spring Park's
residents.
3. Promote private reinvestment in the City's single family housing stock.
4. Examine the City development regulations to promote consistent
development within existing single family neighborhoods.
Natural Resource Goals:
Protect the City's natural resources and enhance lake water quality.
2. The variance shall only be permitted when they are in harmony with the general
purposes and intent of the Zoning Ordinance. (See zoning ordinance standards
review below).
3. The variance may be granted where there are practical difficulties in complying
with the Zoning Ordinance. Practical difficulties means:
a. The property owner proposes to use the property in a reasonable manner not
permitted by the Zoning Ordinance.
Comment: Detached garages are permitted accessory uses in the R-1
District. While the applicant has not required a garage up to this point, the
provision of a garage on the property is in character with such accessory uses
on surrounding properties, and is intended to make the single family home
more livable for future property owners.
b. The plight of the landowner is due to circumstances unique to the property
and not created by the landowner.
Comment: The need for a garage was a circumstance created by the
landowner, as a result of the landowner making the determination not to build
a tuck under garage in construction of his new home in 2003. Since that time
the City has updated its policies to support the maintenance and renovation of
single family properties in the community, in which case this new request for a
garage is consistent with the comprehensive plan and may be considered.
Several properties along Black Lake Road are unique in street frontage,
street access, and lot configuration, with the subject property itself unusually
shaped with steep slopes in areas. The result is an unbuildable lot given the
strict application of lot area and building setback requirements. These are
conditions which were not created by the land owner.
c. The variance shall not alter the essential character of the locality.
Comment. The applicant has provided information illustrating that the
requested variance is consistent with similar shoreline setbacks along Black
Lake Road. An aerial photograph of the neighborhood (see attached) shows
that at least three of the homes along Black Lake Road do not meet the
required shoreline setback, with the home immediately south of the subject
property exhibiting a setback of only 26.5 feet from the OHWL. As many as
11 properties demonstrate reduced street setbacks as well.
Zoning Intent and Purpose of Zoning. The Spring Park Zoning Ordinance
establishes uniform development regulations to protect the health, safety, and welfare of
its residents and properties. The subject site is zoned R-1 Single Family Residential
District, which requires the following lot area and setback standards:
R-1 District
Required
Proposed/Existing
Compliant
Lot Area
10,000 square feet
6,926 square feet
Yes*
Lot Width
50 feet
Approx. 115 feet
Yes
Front Yard/Street
30 feet
20 feet
Yes**
Ordinary High Water
Mark OHWM
50 feet
Approx. 35 feet
No
Side Yard South
10 feet
10 feet
Yes
*Existing legally non -conforming as pertains to lot area requirement
**According to Sec. 42-65(f), the garage may meet an adjusted front setback of 13 feet,
based on the average non -compliant setbacks of adjacent structures fronting on the street.
Lot Area. The lot is legally non -conforming as pertains to R-1 District lot area
requirements. When lot area and setback requirements are applied to the lot it
essentially becomes unbuildable. For this reason, the City approved setback variances
to allow the current owners to build a new home on the substandard sized lot in 2003,
with the goal of maintaining the parcel for single family uses into the future.
Setbacks. The proposed garage will require a variance from the rear yard/shoreline
setback. The garage is sited 35.3 feet from the OHWM at the rear of the property,
whereas a 50 foot setback from the shoreline is required. It should be noted that the
location of the garage exhibits an increased shoreline setback from the existing
driveway, which comes within only 30 feet of the OHWM. Due to the unique
configuration and steep topography of the site, the requested shoreline setback
variance is the minimum required to be able to place a garage structure on the property.
The issue of the variance request is addressed further in this report.
The garage will be located 20 feet from Black Lake Road at the front of the property,
while the R-1 District requires a 30 foot front yard setback. However, Section 42-65(f)
provides that "where adjacent structures within the same block have setbacks from the
street different from those required, the minimum setbacks from the street shall be the
average of the setbacks of the adjacent structures fronting on such street." The house
4
on the lot appears to be located approximately 10 feet from the street; the adjacent
home appears to be located approximately 16 feet from the street, for an average
setback of 13 feet from Black Lake Road between the two properties. Under this
provision, the garage would meet a minimum front yard setback.
The garage is able to meet the required 10 foot side yard setback from the property to
the south.
Stormwater Utility. Submitted plans illustrate that the proposed garage will be located
outside of a storm sewer easement running along the south property line, as required by
Ordinance.
Impervious Coverage. According to submitted plans, the existing impervious cover on
the lot is 30%, which is within the amount of hard surface cover allowed in the R-1
District. The total hard cover with the new detached garage building, driveway, and
deck will be approximately 22% percent of the lot area, reducing impervious surface by
8%. The applicants have indicated that this reduction relates to a reduction in the size
of the existing driveway (over which the proposed garage and driveway will be located),
the implementation of pervious pavers for driveway surfacing, and the fact that the
proposed deck and area below are pervious.
Stormwater Management and Erosion Control. It is the intent of the applicant to
divert all water from gutters on the new garage to two new rain gardens (totaling 120
square feet), which will be located between the garage and the lake. The location of the
rain gardens enables them to collect water from the existing home and side yards as
well. The applicant has provided a section illustrating the design of the rain gardens.
As a condition of approval, the applicant shall also provide calculations illustrating that
the rain gardens are sized to be able to receive and treat the described stormwater
flows, to be reviewed by and meet the approval of the City Engineer.
The applicant is required to install erosion control mechanisms to prevent sediment on
the construction site from moving into the lake. The applicant has indicated that he will
install silt fence between the construction site and the lake for this purpose. In addition,
excavated materials temporarily stored on -site will be contained within a temporary
berm and covered with a tarp. The applicant shall provide the location and extent of the
temporary soil stockpile area and berm for review and approval by the City Engineer.
In addition to the rain gardens, areas of the front yard are to be covered in pervious
mulch, with the remainder of the yard planted in lawn. All disturbed areas shall be
replanted immediately following the completion of the project, with particular attention to
restoring areas between the lake and the garage as soon as construction staging
allows.
The applicant is required to adhere to all other grading, erosion control, and stormwater
management conditions provided in the City Engineer report dated February 4, 2014
(see attached).
Landscaping. The applicant will install shrub or tree plantings at the rear of the garage
facing the lake, to help screen the foundation of the garage. The number, size and
species of these plantings shall be provided to the City for review. In addition, the
applicant shall- provide detail as to the number and species of plants to be installed in
the proposed rain gardens.
Garage. The proposed garage structure is 968 square feet in area, including a lower
level storage room described below. The garage itself is only 484 square feet in area
(22' x 22'), which is not out of proportion with garages on surrounding properties. The
garage is approximately 16 feet in height, measured between average grade and
average roof height. Both the garage floor area and height meet requirements for
accessory buildings in the R-1 District. The garage will be constructed of cedar lap
siding stained to match siding on the existing home, with a stone veneer applied over
the garages concrete foundation.
To reduce the amount of fill required for the project the applicant is proposing the
construction of a full foundation and storage room below the garage. The storage room
will not be accessed by or used to store vehicles. As the design of the storage room
does not meet the Ordinance definition of a basement, its size has been included in the
calculation of total garage area.
The two story garage structure faces the lake and may have an impact on views. The
applicant has agreed to install shrub or tree plantings to break up the appearance of the
garage foundation walls. In addition, the stone veneer is intended to increase the
attractiveness of the garage from the lake side of the property.
Deck. The proposed open deck will provide access from the detached garage to the
principal structure. The cedar planks will be situated to allow water to move through the
deck to permeable pavers below, so that the deck was not included in impervious
surface calculations. Zoning Ordinance Section 42-65(e) regulates deck additions to
structures not meeting the setback from the OHWM. The proposed deck structure is
able to meet the criteria described, without the requirement for an additional variance.
CONCLUSION AND RECOMMENDATION
The Planning Commission and Council must find that the proposed garage is
reasonable in the context that it is a permitted use within the R-1 District and the
requested variance is reasonable and in keeping with the other homes in the area.
Based on our review of the variance application for 2401 Black Lake Road, we make
the following findings:
A. 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.
6
B. The site exhibits practical difficulties unique to the property including:
1) Unique lot configuration and steep topography, creating difficulty in the
legal placement of site structures.
2) Unbuildable conditions given the strict application of required lot area and
setbacks.
C. 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 or the required 30 foot front yard setback from the street. And
the applicant is requesting the minimum setback variance necessary to be able
to have a garage on the property. In addition, the requested use is in character
with the surrounding neighborhood. As indicated by the applicant, only two
homes on Black Lake Road do not provide a garage, so that the addition of a
garage on this property is in character with surrounding properties.
D. The variance and building addition will not negatively impact adjoining properties.
If the Planning Commission and Council agree with the aforementioned findings, we
would recommend approval of the requested shoreline setback variance and the site
and building plans, provided the following conditions are met:
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 not be located within 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
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 all recommendations from the City Engineer provided in
the attached engineer report dated February 4, 2014.
c: Wendy Lewin
Paul Fadell
K)if ra
engineering surveying planning environmental
February 4, 2014
Mr. Alan Brixius
Northwest Associated Consultants, Inc.
4800 Olson Memorial Hwy.
Golden Valley, Minnesota 55422
Subject: City of Spring Park
2401 Black Lake Road Variance Application
MFRA #19971
Dear Al:
As requested, we have reviewed the subject application as it relates to the civil engineering related items. We
offer the following comments:
Grading and Erosion Control:
1. The proposed garage floor elevation and lower floor elevation of the garage shall be identified on the
survey.
2. 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.
3. Grading shall not encroach on adjacent property unless the applicant obtains a grading easement from
the adjoining property owner.
4. We recommend the slope of the finished ground surface be constructed to a 4 to 1(horizontal to
vertical) slope. If this slope is not feasible, we recommend a maximum slope of 3 to 1.
The survey shall be revised since some slopes are greater than 3:1.
5. Can the proposed slope along the south wall of the existing home be modified, or is a retaining wall
required at the southwest corner of the home?
Northwest Associated Consultants, Inc.
February 4, 2014
Page 2
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.
Rain Gardens
1. The southerly rain garden shall be relocated outside of the existing storm sewer public easement.
The 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.
3. The SCS soil survey for this area indicates the on -site soils are clay type material. If the soil survey is
correct, the soil material has a very slow infiltration rate. We recommend that a perforated drain tile be
placed at the bottom of each rain garden and that the tile be extended to drain by gravity downstream
of the basin.
4. We recommend an erosion control device (silt fence, or bio-roll) be placed around each rain garden to
protect the basin from sediment, until turf is established.
5. Are plants to be placed in the rain gardens? What type of plants are being proposed?
6. We recommend the slope of the basin be a minimum 3:1 and not a 2:1 as shown.
7. The rain gardens shall be owned and maintained by the applicant.
Permeable Pavors:
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.
Retaining Walls
1. Keystone block are being proposed as shown on the typical details. We did not review the retaining wall
design since we are not structural engineers.
2. The southern retaining wall encroaches into the storm sewer easement. We recommend the wall be
shifted so it does not encroach in the easement.
Northwest Associated Consultants, Inc.
February 4, 2014
Page 3
We have reviewed this application from a technical engineering point of view. If you have any questions or
require additional information please contact us.
Sincerely,
MFRA, Inc.
Paul Pearson, PE
Cc: Dan Tolsma
Wendy Lewin
Nancy Beck
Paul Fadell
612-237-0123
To: City of 5pring Park
Re: 2401 Black Lake Road setback variance request to add detached garage structure
I present for your consideration the following detached garage proposal that will require two setback
variances.
Prolect Description
The proposed detached two -car garage is 22' x 22' in dimension. The proposed garage will be
approximately level with Black Lake Road and with the first floor of the existing home. The garage will
be built on a foundation of cast In place concrete In order to minimize the amount of site disturbance
and fill required. The garage floor level with the street will be precast concrete span and there will also
be useable area underneath. The amount of earth disturbed is less than 32 cubic yards and the amount
of additional fill required to level driveway and front path area should not exceed 7 cu yd. While
temporary erosion control silt fence will be Installed, R is my understanding that erosion control permits
through MCWO will not be required due to the small area and lower volume of fill being excavated and
brought in. Temporarily stored excavated materials will be contained with a temporary berm and
covered with tarp. Landscaping restoration will Include rain garden construction and grass seed with
mulch. It is desirable to add plantings on the west elevation of the garage to soften the visual height
impact form the lake side. The garage will be connected to the home with a cedar decking that is
permeable, with the area below the deck also being permeable pavers. There Is a patio door entrance
Page I 1
for this deck on the first level of the home and another patio door entrance below It for backyard
access.
Appearance considerations;
The existing house is sided with cedar lap siding. For the street side of the garage, it Is proposed to use
cedar lap siding stained the same color. Hardie Plank or other lower maintenance siding with a color
matching the existing window trim would be desirable to use on the other sides of the garage for lower
maintenance. It would also be visually pleasing to cover the exposed garage foundation with natural
stone or Quality veneer. See below for talented elevation and material pictures.
Proposed Hardie Siding Color Proposed exposed foundation cover material appearance
Page 12
Drainage considerations:
The existing large 1120 sq. ft. impermeable, steeply sloped driveway is a detriment to the lot's ability to
retain and filter storm runoff. Through this project the hardcover can be reduced from 30%to 26%. If a
permeable driveway material is used, the hardcover decreases further to 22%. Gutters will be Installed
on the garage and drainage diverted to 120 sq ft of rain gardens along with the main home glitter
drainage. The rain gardens will also capture some of the natural water Flow along the slope of the lot
from the back (North) yard area and on either side of the garage from the street side. The front yard
area will be permeable mulch, while the balance of yard will remain grass cover. While not proposed at
this time, it would be desirable In the future to add shoreline retention native species planting area with
permits and grant through the MWCD to further Improve water retention and filtering. If this Is
required by the city, cost sharing grants will not be available.
Typical Raingarden Section
xry.pW PdrfevNavMki
�w..ien„r•M.�
lne 5wn� >
a.anwu i
Proposed Rain Garden Detail
RetalninirWall Considerations and Design,
All retaining walls to be Keystone Block. Wall sections over 3' in height will be reinforced as shown In
the detail below.
Grwity Wall Schematic
Page 13
Reinforced Wall Sdamatic
Municipal Code Considerations
I present that this variance request does not cause any of the issues described In Sec. 42-166 (a( of the
Spring Park City Code and would like to comment on how this request is a reasonable use of the
property and can be granted without being in exception of the following restrictions given In the same
section (listed below for reference(:
(b) A variance from the terms of this chapter shall not be granted unless It can be demonstrated
that:
(2) Special conditions and circumslonces exist which ore peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures, or buildings In
the some district,
a. Special conditions may include exceptional topographic or water conditions
or, In the case of on existing lot or parcel record, narrowness, shallowness or
shape of the property.
b. Special conditions and circumstances may not be primarily economic In
nature.
This request is In consideration of the extreme topographical conditions that exist on
the lot. The previous summer cabin structure on this lot had a lower garage that was
accessible only by the existing driveway. This driveway Is sloped downward in sections
at 1g.54, which is the angle of a 4/12 pitched roof and does not allow year-round
reasonable use of the parking area.
(2) Literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by owners of other properties in the some district under the
terms of this chapter.
Out of 21 other homes with addresses on Black Lake Road, there are only 2 that do not
have a garage.
(3) The special conditions and circumstances do not result from the actions of the
applicant.
The topographical conditions of the lot and the extreme slope of the drlveway leading
to the original garage location did not result from the actions of the present owners.
(4) Granting the variance requested will not confer on the applicant any special privilege
that is denied by this chapter to other lands, structures, or buildings In the some district.
Requested setback disbtsces exist In multiple other structures on the same street.
Three do not meet the 50 toot lake side setback and 11 do not meet the 30 foot
driveway length setback from Black take Road. See aerial photo below.
Page 14
Spring Park Comprehensive Plan goals and Policies that this project supports
Natural Resource Goals
Goal 1: Protect Citys natural resources and enhance take water quality.
D. This project maintains storm water utility easements
E. This project will reduce existing lot hardcover and add min gardens for water retention
Residential Goals
Goal 1: Allow for a variety of housing types, styles and choices to meet the needs of Spring Pork's
changing demographics.
E Encourage investment and improvements to the City's existing housing stock that adapt
homes to the various life cycle needs of5pring Pork's residents.
A gentle will Improve the usability of this home for the modern family and also create a
cleaner appearance by allowing vehicles, bicycles and maintenance equipment to be stored
Inchon.
Goal 2: Maintain or enhance the strong character of Spring Pork's single family residential
neighborhoods.
A. Promote private reinvestment in the City's single family housing stock.
Allow a willing Investor to Improve this small part of the city.
Page 16
Appendix A: lot
ownership
questions
On the Hennepin County websne, It appears that the lot for 2401 Black Lake Road is missing a large
section that appears not to belong to anyone. A survey was done and the lot lines were established,
they do not show this sectionthis is believed to have arisen from poor wording in an adjacent legal
description change, and is not an uncommon Issue as shown W many other properties nearby.
Diagram from Survey dated 1/8/14
Page 17
Appendix g:
persona( reasons to request garage variance
1. Expanding family of six has outgrown 2-1bedroom home, yet the home is unable to sell after 4
cumulative years on the market..
2. Family doctor letter of recommendation to move closer to a Children's care center due to child
medical condition.
Missed opportunity for career advancement. Inability to sell home has and is preventing
desirable career opportunities.
We have a desire to leave the community an attractive usable home Instead of a bank -owned
property that may not be maintained.
Page 18
EXIS71NG
HOUSE
HARDCOVER
EXISTING
I` S 8724 W
_
pE_T wa�L_-50�20-
HOUSE = 865 SF
SHEDS = 115 SF
_ y
c9
4
Q
- 9•R° I-~-
_y.. FF�� _
DRIVE = 1100
TOTAL = 2080 SF/30.0%
q`�}+.._ II
yiEp $EwEN EST
'
Dy SPN
`y
n®ae. 5 1
LOT LINE PER ADJACENT^�c �I r9nww.�" SIC
PROPERTY DESCRIP RON � ?
28,0
SURVEY /S SUBJECT TO N 83°26',)jw EXISTING
CHANGE PER TITL'hOR , w HOUSE
EASEMENT /NFORMATIONFfE=942.1
iz.o
0
cal' o
eZ tp. Y, ,� �. °'� /LFE=z935.0
O
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yQ_.. SE
R,ASEMENr "tea•
�r EXISTING
.a'`+*
rho h. HOUSE 1
� BENCHMARK
y TN HYD
h ELE'V 944.8
N
0 20
40 60
SCALE IN FEET
,II0 - EXISTING SPOT ELEVATION.
X(998.0) - PROPOSED SPOT ELEVATION
= DIRECTION SURFACE DRAINAGE
COH = CANTILEVERED OVERHANG
OHL OVERHEAD UTILITY LINE
GFE m GARAGE FLOOR ELEVATION
TFE = TOP OF FOUNDATION ELEVATION
LFE - LOWEST FLOOR ELEVATION
DESCRIPTION:
LOTS 6 THRU 8, AND SOUTH 1/2 OF LOT 5,
EXCEPT THAT PART OF LOT 8, DESC. AS BEGINNING
AT THE SE'LY CORNER OF SAID LOT 8, THENCE ON
AN ASSUMED BEARING OF N 81 31' 24"W ALONG
SLY LINE OF SAID LOT 8 A DIST OF 53.94 FT
THENCE N14 13' 35"W A DIST OF 5.40 FT,
THENCE S 75 46' 25"E A DIST OF 53.67 FT
TO PT OF BEGINNING, ROSE LAWN MINNETONKA.
HENNEPIN COUNTY, MN
ADDRESS - 2401 BLACK LAKE ROAD
PID# = 18-117-23-43-0185
LOT AREA - 5933 SF/ 0.16 AC
X 30% = 2080 SF HC ALLOWED
DUE TO SNOW COVER SOME SURFACE
STRUCTURES ARE SHOWN APPROXIMATE
SURVEY IS SUBJECT TO CHANGE PER
TITLE OR EASEMENT INFORMATION
VERIFY ALL DIMENSIONS AND
ELEVATIONS WITH HOUSE PLANS
VERIFY ALL SETBACKS WITH CITY
s
U�Y
yy�N
4�N
V GT�o
Cozzi
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EXISTING
HOUSE
Q
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w0
HARDCOVER
FL
�u
PROPOSED
SF
CB RET v LL- -- \
0 20 40 60
�L� F)
acn
SHEDS = 115 SF
DRIVE = 1100
0
\
I W
FEET
ww "
a,
TOTAL = 1457 SF/22.1%
_��
SHED SAN SEWER
�[
*' = EXISTING SPOT ELEVATION.
wcu
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wm
5 n�
946Q
X(998.0) = PROPOSED SPOT ELEVATION
z
'
= DIRECTION SURFACE DRAINAGE
LLJ
LOT LINE PER ADJACENT
PROPERTY DESCRIPTION
g 9 WALL plc, u/
0
—,/
COH = CANTILEVERED OVERHANG
Q
—
a 120j
I
I
OHL = OVERHEAD UTILITY LINE
SURVEY IS SUBJECT TO
a
Y
GFE = GARAGE FLOOR ELEVATION
Li
PER TIT�QR
EXISTING ,.
u
TFE = TOP OF FOUNDATION ELEVATION
EASEMENT INFORMATION
HOUSE
LFE = LOWEST FLOOR ELEVATION
9,0 FFE=942 I
9�*
W
DESCRIPTION,
\
J
LOTS 6 THRU 8, AND SOUTH 1/2 OF LOT 5,
/
J
0 m
D i
c
EXCEPT THAT PART OF LOT 8, DESC. AS BEGINNING
AT THE SE'LY CORNER OF SAID LOT 8, THENCE ON
OF
W
Q
a�
0
AN ASSUMED BEARING N B1 31' 24'W ALONG
(�
Q
0
SLY LINE OF SAID LOT 8 A DIST OF 53.94 FT
N14 DIST OF 5.40 FT,
LL-
THENCE 13'35'W A
~
THENCE S 75 46' 25'E A DIST OF 53.67 FT
TO PT OF BEGINNING, ROSE LAWN MINNETONKA,
HENNEPIN COUNTY, MN
J
0,
ADDRESS - 2401 BLACK LAKE ROAD
PiD# = 18-117-23-43-0185
W
SFV R'E
LOT AREA = 6933 SF/ 0.16 AC
LL
X 30% = 2080 SF HC ALLOWED
DUE TO SNOW COVER SOME SURFACE
HOISTING
STRUCTURES ARE SHOWN APPROXIMATE
SURVEY IS SUBJECT TO CHANGE PER
BENCHMARK
TITLE OR EASEMENT INFORMATION
TN HYD
ELEV = 944.8
VERIFY ALL DIMENSIONS AND
ELEVATIONS WITH HOUSE PLANS
33
3m�y
rt\�i
h W
G
VERIFY ALL SETBACKS WITH CITY
��g
20 40 60
SCALE IN FEET
❑T LINE
PROJECT NOTES
1. REDUCES HARD COVER TO 26% OR
22% WITH PERMEABLE DRIVEWAY
2. EXCAVATION DISTURBS 31 CU YD.
7 CU YD FILL ADDED TO SITE TO
COMPLETE GRADING
3. SILT FENCE REQUIRED FOR RUNOFF,
NO LOWER THAN 931.5' ELEVATION
d RAIN GARDENS TO CDLLECTLOT
AND
GUTTER DRAINAGE, 120 S0 FT
5 SETBACK VARIANCE OF 10' ON
STREET SIDE AND 15' ON LAKE SIDE
REQUIRED
6. GRASS GROUND COVER EXCEPT IN
AREA BETWEEN DECKS AND DRIVEWAY
ELEVATION NOTES
1, LAP SIDING ON TOP SECTION AND STONE COVER FOR EXPOSED
FOUNDATION
2. ROOFING MATERIAL, ASPHALT ARCHITECTURAL SHINGLES TO
CLOSELY MATCH TYPE COLOR OF HOUSE ROOF
3. PERMEABLE PAVER DRIVEWAY PROPOSED
4. REINFORCED KEYSTONE BLOCK RETAINING WALL
W
0 10 20 30 40
SCALE IN FEET
EAST ELEVATI❑N
ELEVATION NOTES
I. LAP SIDING ON TOP SECTION AND STONE COVER FOR EXPOSED
ff
FOUNDATION
2. ROOFING MATERIAL) ASPHALT ARCHITECTURAL SHINGLES TO
CLOSELY MATCH TYPE COLOR OF HOUSE ROOF
3. PERMEABLE PAVER DRIVEWAY PROPOSED
4. REINFORCED KEYSTONE BLOCK RETAINING WALL
I��
/LJ� J�
l V
ROAD
11III=111-111=III ==11
I M 1=1 I Ml I =111-111-111-11 I III-III=I I I
I I I=1d 1= I M I == I I I -I I I
=1 11=1 I I-11
— i i i ii =11 I ; , I 1I-
-I I I=1 I M I I I I 1=1 11-1 I Gi I I- _
1=1 I I —I I I —I 11=1 11= o S1� U T H 2ELEVATION
40
= I I=1 = 30
SCALE IN FEET
PLANTING
SCALE IN FEET
ELEVATION NOTES
1, LAP SIDING ON TOP SECTION AND STONE COVER FOR EXPOSED
FOUNDATION
2, ROOFING MATERIAL: ASPHALT ARCHITECTURAL SHINGLES TO
CLOSELY MATCH TYPE COLOR OF HOUSE ROOF
3, PERMEABLE PAVER DRIVEWAY PROPOSED
4, REINFORCED KEYSTONE BLOCK RETAINING WALL
0 10 20 30 40
SCALE IN FEET
EAST ELEVRTIDN
LJ J
l V
ELEVATION NOTES
1, LAP SIDING ON TOP SECTION AND STONE COVER FOR EXPOSED
F❑UNDATI❑N
2, R❑OFING MATERIAL: ASPHALT ARCHITECTURAL SHINGLES TO
CLOSELY MATCH TYPE COLOR OF HOUSE ROOF
3, PERMEABLE PAVER DRIVEWAY PROPOSED
4, REINF❑RCED KEYSTONE BLOCK RETAINING WALL
III -III- SOUTH ELEVATI❑N
III III=III=
IiTl 0 10 20 30 4
SCALE IN FEET
NERTH
a
0
III
ELEVATI❑N
20
SCALE IN FEET
19B
nil
go,
go
n
oe
PLANTING
b
ON
LAKE
go Eza
$IDE
ELEVATI❑N N❑TES
1. LAP SIDING ❑N T❑P SECTI❑N AND STONE C❑VER F❑R EXP❑SED
F❑UNDATI❑N
2, R❑❑FING MATERIAL: ASPHALT ARCHITECTURAL SHINGLES T❑
CL❑SELY MATCH TYPE COLOR ❑F H❑USE R❑❑F
3, PERMEABLE PAVER PATIO UNDER PERMEABLE CEDAR BOARD DECK
4, KEYSTONE BL❑CK RETAINING WALL
5. VINYL CLAD CASEMENT WINDOWS
6, TALL SHRUBBERYY ❑N LAKE SIDE
BUILDING HEIGHT ILLUSTRATED
ARTICLE I. DIVISION 2. DEFINITIONS:
Building height. A distance to be measured from the mean ground level to the top of a -
flat roof, to the mean distance of the highest gable on a pitched or hip roof, to the deck
line of a mansard roof, to the uppermost point on all other roof types.
PEAK
E
INT
E
NT
EXHIBIT A
ELEVATION NOTES
1. LAP SIDING ON TOP SECTION AND STONE COVER FOR EXPOSED
CLOSELY MATCH TYPE COLOR OF HOUSE ROOF
3. PERMEABLE PAVER PATIO UNDER PERMEABLE CEDAR BOARD DECK
4. KEYSTONE BLOCK RETAINING WALL
WEST ELEVATI❑N
0 10 20 30 40
Wendy Lewin
From: Paul Pearson, PE [PPearson@sambatek.com]
Sent: Thursday, July 03, 2014 5:50 PM
To: Paul Fadell
Cc: Daniel Tolsma; Wendy Lewin; nancy.jensen.beck@gmail.com; Alan Brixius
(abrixius@nacplanning.com)
Subject: Spring Park/2401 Black Road garage variance/File #19971
Attachments: print@mfra.com_20140703_163845.pdf
Paul:
Attached are my red line comments.
Please revise the two typical sections and the location of the proposed spot elevation and resubmit the revised drawings.
Please contact me if you have any questions, or if you need additional information.
Thanks
Paul Pearson, PE (MN, MO, WI)
Director of Municipal Services
PPearson .sambatek.com
D 763.25H6631 C 612.232.3152
Y�Sambatek
www.sambatek.com
12800 Whitewater Drive, Suite 300
Minnetonka, Minnesota 55343
2401 46th Avenue SE, Suite 202
Mandan, North Dakota 58554
&vV= trq I Suroft I P WiV
MFRA is now Sambatek! Please make note of our new
address above. For additional information please call or visit
our website:
httD.-#www. sambatek. com/companv/news1MFRA-
announces-name-change-to-Sambatek. html.
From: Paul Fadell [mailto:fade0003@gmail.com]
Sent: Tuesday, June 03, 2014 10:38 AM
To: Alan Brixius
2401
BLACK
LAKE
ROAD
RAIN
GARDEN
DETAIL
MAY
2014
4' DEPRESSION
4° AMENDED SOIL
6" TILLED SOIL
SECTION
A -A
2401 BLACK LAKE ROAD RAIN GARDEN'
PLANT DETAIL
Square
Planting
Zone
Footage
Spacing
Number
name
of Zone Planting Type
Species name
(inches)
of Plants
A
7.8 Sweet Flag
Acorus Calamus
18
6
B
6.2 Cardinal Flower
Lobelia Cardinalus
18
5
C
7.3 Swamp Milkweed
Asclepias incarnata
24
4
D
10 Water Plaintain
Alisma Subcordatum
12
30
E
7.5 Wild Blue Flag Iris
Iris viginica shrivei
12
8
F
10.5 Common Bur -Reed
Sparganium eurycarpem
12
11
G
5.6 Cardinal Flower
Lobelia Cardinalus
18
4
H
7.4 Pickerel Weed
Pontedaria cordata
12
8
1
4.7 Bottle Brush Sedge
Carex hystricina
12
5
J
4.7 Fox Sedge
Carexvulpinoidea
12
5
K
14.5 Arrowhead
Sagittaria latifolia
12
15
L
7 Pickerel Weed
Pontedaria cordata
6
14
M
6.7 Green Bulrush
Scirpus atrovirens
12
7
N
8.5 Soft Stemmed Bulrush
Scirpus validus creber
12
9
0
5.5 Pickerel Weed
Pontedaria cordata
12
6
P
7.1 Torrey's Rush
Juncus torreyi
12
8
Totals 121
'Designed for Full Sun and Clay Soil
Back of Garage Planting detail
MAY 312014
>s se
C
o
YH7
11
1,6
y N SEC
us
A -A
K L
>.o
I P
..] J
S5
TION
• srlassioN
125 TILLEU MIL
SECTION
A -A
Back of the Garage facing lake
6' Techny Arborvitae Techny Thuja occidentalis 36 4
40
934,5X
34•SX
RgRY
SIB T FEN E
4o N
RET
WALL
TEMPORARY
FILL
STORAGE
3 Lulu
HOUSE
i #2401
EEE=942,7 �r
L1�
LF�E= 935.0
RET DECKI
WAL BENEATH ARC AREA
19, MEABLE
EAF"E=943,0
RAG
22-X2 E
484 SQ FT
LF"E= 935.0
(co
co
rn
,C:) k94 p
;RUNo
`FF FLOw
rn
N
0
PROJECT NOTES
1. REDUCES HART
PERMEABLE DRIB
2, EXCAVATION
4g ❑ T LINE 3ILSILTADDEDFENCE I
THAN 931.5'
4 RAIN GARDEN
GARAGE ROOF DI
APPLIED T❑ 4,
ADDITION FOR A
FARIBAULT COUP
5, RAIN GARDEN
FENCE SURROUN:
SILT INTRUSION
6, DRIVEWAY IS
SUB BASE AND :
ADEQUATE DRAIP
VCR
TO
ON
CH
01 PROJECT Na mm
I JUN 2, 2014Xvsuura
1
ROAD
PREPARED BY PAUL FADELL
612-237-0123 2
Sta%t- ta- Ji�u13 h
Folf MR-1
�c
Your Contact Information
Name
Phone or E-mail
Address
1
Why Rain Gardens?
What is Stormwater?
Stormwater is a term that is used to describe the water that does not soak into the ground
after a rainfall or a snowmelt. It is the water that runs into storm drains, flows over the land's
surface, and causes puddles to occur. In a natural landscape like a forest or grassland, rain-
water soaks into the ground and only after the soil is saturated will runoff as stormwater. In
urban areas however, most of the land has been paved over, shingled, or compacted so that
water can no longer soak into the ground. With no where to go, stormwater begins to cause
big problems.
Stormwater causes trouble for individuals, municipalities, and the environment. You or your
neighbor may experience water in your basement as a result of stormwater. Municipalities
might encounter problems with parks flooding or puddling in roadways. The quality of our
waters is degraded by all of the chemicals, sand, grass clippings, and other debris that rides
with stormwater down storm drains and into local lakes, rivers, ditches, and streams.
What is a Rain Garden?
A rain garden is a shallow dish -like depression in the ground that is planted with water -
tolerant vegetation. The primary purpose of a rain garden is to soak up stormwater and infil-
trate it into the ground; however, rain gardens also provide many other benefits as well ...
• Beautifies the landscape
• Soaks up Puddles
• Provides an Outlet for Roof and Sump Pump Water
• Improvements to Water Quality
• Reduces Pressure on Existing Storm Sewer Infrastructure
• Provides Habitat
Who Should Have a Rain Garden?
EVERYONE! Rain gardens are a great way to reduce stormwater volume and improve water
quality, and the more rain gardens there are, the more volume is decreased and quality im-
proves! Rain gardens are relatively cheap and are simple to design and install. If you decide
to go ahead and plan a rain garden (or rain gardens) of your own, use this guide to take you
through the design process.
About this Guide ...
This guide is a set of worksheets that is meant to take homeowners like you through the
process of planning a rain garden. It is a comprehensive guide compiled from a number of
different rain garden sources from Minnesota and around the country. A rain garden is a
simple concept and can be as straightforward as digging a shallow depression in the ground
and planting it. However, working through this guide will help ensure the maximum
functionality and success of your rain garden. Use this workbook to fill in your answers, do
the calculations, and complete your sketches. Once the workbook is complete, you should be
ready to install your rain garden!
2
Soil Tests
Water Table
If there is often standing water on the site where you would like to establish the rain garden
and the water pools there for long periods of time, it may be because the water table is very
close to the surface here.
❑ The water table is more than 2 feet from the surface all year round; you have a good site
for a rain garden
❑ The water table is closer than 2 feet from the surface for all or some of the year; you'll
have to be creative when planning your garden. You may want to look for an
alternative site
Soil Type
Collect a few teaspoons of soil from 4-6 inches beneath the surface. Place about 2 teaspoons
of soil in the palm of your hand and add drops of water until the soil has reached a
consistency that makes it moldable, like moist putty. Knead the soil as you add the water
drops.
Form the soil into a ball and place the ball between your thumb and forefinger. While gently
pushing the soil with your thumb, squeeze the soil upward into a ribbon of uniform thickness
and width. Allow the ribbon to emerge and extend over your forefinger until it breaks from
its own weight.
❑ The soil could not remain in a ball form; you have sandy soil
❑ The soil formed a ribbon less than 1 inch long before it broke; you have silty soil
❑ The soil formed a ribbon 1-2 inches long before it broke; you have clayey soil
* If the soil makes a ribbon greater than 2 inches before it breaks, this is probably not a
suitable site for a rain garden.
Soil Compaction
Poke a wire flag into the ground.
❑ The wire easily penetrates 6-8 inches into the ground; your soils are not too compacted
❑ The wire is difficult to push into the ground; be sure to rip up the bottom of the rain
garden before adding soil amendments
Infiltration Rate
Dig a hole about 6-12 inches deep and at least 4 inches in diameter in the rain garden site.
Fill the hole with water and let it sit for an hour or two to pre-soak the soils for your test.
Then refill the hole with water and push a popsicle stick into the side of the hole to mark the
water level. After an hour, measure and record the depth of the water again. You may want
to continue taking measurements at hourly increments for a few more hours.
❑ The water level dropped one-half inch or more; this is a perfect site for a rain garden but
you might still want to consider soil amendments (see page 7)
❑ The water level dropped less than one -quarter of an inch; you will have to amend your
soils (see page 7). You may also want to try another site or leave the garden "off-line"
until the vegetation has improved the infiltration capability of the soils.
3
Design Calculations
Calculating the Depth of Depression
Using the results of the infiltration rate test, calculate the depression depth of your garden.
Inches of water level drop in one hour x 24 hours = depth of depression
My infiltration rate test showed:
inches in one hour X 24 hours = inches/day
Make your rain garden depression this deep!
Slope of the Site
Find the slope of your lawn using two stakes and a piece of string:
1. Pound one stake in the ground at the uphill end of your rain garden site and one at the
downhill end. The two stakes should be about 15 feet apart.
2. Tie the string to the bottom of the uphill stake and bring the other end to the downhill
sta ke.
3. Tie the string on the downhill stake at a height where the string will be in a horizontal
position (you may want to use a level).
4. Take the necessary measurements to fill in the boxes below.
0 X 100
Distance between . Distance between X 100 = Percent slope of
string and ground . the two stakes rain garden site
on the downhill (inches)
stake (inches)
6 A slope of 12% or less is best for a rain garden.
Garden Location
Where is the best place for your garden? Make sure the site meets the following criteria*:
❑ The site does not have heavy clay soils
❑ The site infiltrates one-half inch per hour or more
❑ The water table is at least 2 feet from the surface at its shallowest
❑ The slope of the site is not more than 12%
❑ The site is at least 12 feet from buildings with basements
❑ The site is not over any utilities (call Gopher One to be sure)
❑ The site is not near a septic tank or drainfield
❑ The site does not interfere with any trees. If there are trees in the area, they are species
that can handle wet soil conditions for lengthy periods of time.
*If the site that you have chosen does not meet all of the criteria it does not necessarily mean
that a rain garden cannot be established there. Talk to a professional to review your options.
4
Drainage Area
In order to determine what size you should make your rain garden, you need to know the size
of the area that will be draining to the garden.
Drainage Area Area (Square Feet)
❑ Roof downspout*
❑ 2nd roof downspout*
❑ Driveway
❑ Sidewalk
❑ Lawn
❑ Other
TOTAL DRAINAGE AREA =
* Many homes have more than one downspout. Do your best to estimate the area of roof
draining to the downspout you would like to use for your rain garden.
Sizing your Rain Garden
Divide the total drainage area (above) by the depth of the depression (see Calculating the
Depth of the Depression on page 3) to calculate what the square footage of your rain garden
should be:
Drainage Area (in Square feet) _ Size of Rain Garden (in square feet)
Depth of Depression (in inches)
The size of my rain garden should be:
My drainage area is square feet
The depth of my depression is inches square feet
This calculation gives the area of a garden that will infiltrate the first inch of rainfall. If you
want your garden to infiltrate 2 inches, simply double the drainage area number!
Once you know the total square footage that your rain garden needs to be, you can make it
whatever length and width combination you want!
5
Draw a bird's -eye -view of your property including all impervious surfaces
Aerial Site Sketch and existing structures. Draw arrows depicting the flow of water on the property
and the proposed site of the rain garden.
I I I I I I I I I I I I I I I I I I I I I I Scale: 1 square = feet
KEY
Flow of Runoff
Structures/Surfaces
Rain Garden
6
Design Elements
Inlet
The inlet is where water enters the garden.
How will water get to the garden?
❑ Extended downspout
❑ Buried downspout or drain tile (Your site needs to have enough slope to ensure the tile
flows downhill towards the garden and still surfaces in the garden.)
❑ Overland flow across lawn
❑ Vegetated or rock pathway
❑ Other:
What will you use to stabilize (reduce erosion) the inlet?
❑ River Rock ❑ An Erosion Control Blanket
❑ A rock splash block ❑ Sod
Overflow
The overflow is how excess water gets out of the garden once it is full.
Will the overflow:
❑ Flow over the lawn?
❑ Flow over the driveway or sidewalk?
❑ Flow into the street?
❑ Other
It is important to make sure that your outlet is at a height that will allow water to pool in the
garden to the desired depth. In my rain garden, the desired depth of the depression is
inches deep (see Calculating the Depth of Depression on page 3).
❑ The rain garden is located on a slope; you will need to build up the downhill side of the
rain garden with a wall or a berm (see below)
❑ The rain garden is located on a flat site; no berm or wall is needed here.
Will you need to put rocks at the outlet to slow the water flow going out of the garden and
reduce erosion potential?
6 Make sure that the overflow is directed away from your home and other buildings!
A note on berms and walls:
A berm is a simple mound of soil that should be covered with a erosion control blanket or
other erosion -control device to keep it from washing away. The berm can then be planted
with dry -tolerant plants. A wall is a more formal -looking choice for leveling the rain garden.
Landscaping blocks are a good rain garden wall -making material. To ensure that water and
soil won't escape from the garden through cracks in the wall, line the inside of the wall with
landscape fabric.
7
Border
When designing a rain garden, it is a good idea to keep the border of the garden nice and
neat to make it easier for you to mow and to keep it looking good for the neighbors.
Landscape edging, brick, or rock borders do a fine job. A neatly -mown turf grass edge would
work as well and will also filter out fine sediment particles before water gets into the garden.
Materials
Soil Amendments
If your soil percolated well when you did your infiltration rate test (for example, you got 8
inches of infiltration per day) and there is some soil at the site that is suitable for growing
plants in, then you really don't need to add soil amendments. If you had mostly clay or sand
and your infiltration test didn't show an outstanding percolation rate, then you should amend
the soils under the depression using the following method:
1. Shape the garden and dig the depression roughly to the desired depth (see Calculating
Depth of Depression on page 3)
2. Now dig 4-6 inches deeper (8 inches if you have heavy clay soils) and remove that soil.
3. Break up the soils on the bottom of the bed with a rototiller, shovel, or pitchfork. Break up
the bed about 6 inches down.
4. Add some compost (and sand if you had clay soils) and work it into the bed, mixing it with
the broken up native soils. Repeat this process until the depth of the garden is back up to
the desired depth of the depression.
To determine how much sand and compost you will need, you must calculate the cubic feet of
your garden. The simplest way to do this (and ensure that you don't under -calculate what
you will need), is to multiply the square footage of your garden (see Sizing your Rain Garden
on page 4) by the depth that you need to amend to (see above). So,
x ( _ 12 inches)=
Square feet of my Depth of soil amendment Total cubic feet of my
rain garden divided by 12 inches rain garden
There are many blends of sand, compost and native soils that are recommended for rain
gardens, the following calculations are for a 40% sand, 40% compost, 20% existing soil blend.
The sand used in rain gardens should be a clean sand, and the compost should be well -aged
organic compost (preferably leaf compost). To adjust for the breaking up of the bottom of
the bed (step 3 above) the below equation calculates for 50% sand and 50% compost.
To amend my soils I will need:
(cubic feet of my rain garden)
x 0.50 = I cubic feet of sand
x 0.50 = I cubic feet of compost
8
Mulching
In order to keep moisture in your garden and suppress weeds, spread 2-Y of shredded or
double -shredded hardwood mulch over the whole garden bed before planting.
To calculate how much mulch you will need for your garden, multiply the square footage of
your rain garden by 0.25 feet (0.25 feet comes from dividing 3 inches by 12 inches).
For my garden I will need:
x 0.25 feet =
(square feet of my rain garden)
cubic feet of mulch
General Rule:
One cubic yard (27 cubic feet) will cover 100 square feet at 3 inches thick.
6 Why "double -shredded hardwood" mulch? Because shredded mulch binds together and
forms a semi -solid mat whereas wood chips simply float away!
Materials I Need for My Rain Garden
Materials Needed
Quantity
❑ Sand
cubic feet*
❑ compost
cubic feet*
❑ Mulch
cubic feet*
❑ Downspout extension
❑ Drain tile
❑ Large rock
❑ Small Rock
❑ Border/Edging Material
❑ Wall material
❑ Erosion control blanket
❑ Splash block
❑ Other
* Some suppliers sell sand and compost in cubic yards instead of cubic feet. To convert cubic
feet into cubic yards, divide the cubic feet by 27 (since there are 27cubic feet in 1 cubic yard).
9
Draw the cross-section of the garden including the sub -soils under the rain garden,
Cross-SectionDraw
amended soil area, and the mulched depression.
Scale: 1 square = feet
KEY
Sub -soils
Amended Soil Area
Mulch
10
Plants
Choosing Plants
The site is:
❑ Sunny for 4 hours or less
❑ Sunny for more than 4 hours
❑ Mostly sunny in the morning
❑ Mostly sunny in the afternoon
What type of plants would you prefer to have in your garden?
❑ All Native
- well -adapted to our local soil conditions
- tolerant of drought -like conditions
- somewhat "wild" in appearance
- require little maintenance once established
❑ A mix of Native and Non-native
- medium maintenance burden
- needs to be watered in drought -like conditions
To fill your rain garden, you will need to choose a variety of plants that includes different
moisture tolerances, different heights, and different blooming times.
• Remember that a rain garden is like a shallow dish, so water will be in the middle/bottom
of the garden for longer periods of time than it will be on the edges/top of the garden.
You will need to choose plants for the bottom of the garden that can handle a lot of
moisture, plants for the inside slopes that can handle medium moisture, and plants for the
top of the garden that can handle drier conditions.
• To ensure that all of the plants in your rain garden are visible you will want to plant taller
plants behind shorter plants. If your garden will not be viewed from the back as much,
then you should plant the tallest plants at the back of the garden and work your way
forward with progressively shorter plants. If the garden will be viewed from all sides, you
should plant the tallest plants in the middle and radiate outward with progressively shorter
plants.
• You will also want to ensure that something in your rain garden is blooming from spring
until fall. This means making note of the blooming times of your plant choices and
coordinating your choices to ensure that you will have beautiful blooms throughout the
growing season! Your garden will also be seen during the winter months, so try and
choose some plants that will make your garden interesting all year round (grasses and
woody plants are good choices for winter interest).
Design Tip:
• Plant same plants in groups of 3 or 5 (or higher odd -numbers if your garden is large). This
will make identifying weeds easier and make a big impact when each type of plant
blooms!
11
Planting Platt Draw the outline of your garden. Now draw in what plants you would like to place
where. This will be your guide when it is time to plant your garden.
I I I I I I I I I I I I I I I I I I I I I Scale: 1 square = feet
KEY
Bottom (wettest zone) Side Slopes (medium wetness) Outside Edges (pretty dry)
12
How many Plants?
When deciding how many plants to get for your rain garden a good estimate is that you will
need one -plant -per -square -foot. But, keep in mind how large the plants that you chose will
be at maturity. Many plants have their own spacing recommendations so check these out and
plant accordingly. If a plant needs more than a square foot then give it more room, and if one
requires less space then don't leave it as much room.
If I assume that the plants I choose that need more than a square foot and the plants I choose
that need less average out then I should use the one -plant -per -square -foot rule as my guide.*
This means I will need the same quantity of plants as the square footage of my garden. So;
square feet of my garden = number of plants I will need
My rain garden is square feet, so I will need plants.
* If you will be planting trees or shrubs in your rain garden then do not use the
one -plant -per -square -foot rule. Instead go by the spacing recommendations for each plant.
Note to first-time gardeners:
Your garden will probably look kind of sparse at first, but give it time and it will fill in nicely -
all gardens take a few years to mature and look their best. You can also add more plants and
replace plants that do not survive or that you decide you don't like later.
Buying Plants
Three common forms that grasses and flowers are sold in are seeds, plugs, and pots.
• Seeds are cheap and widely available, but not recommended for rain gardens because of
their tendency to float away and they sometimes take a few years to become established.
• Using potted plants in a garden gives it a full look instantly, but can often be quite an
expensive option. Potted plants may also take a while to adjust to their new garden home
because they have been pampered and fussed over at garden centers for so long.
• Plugs are a relatively cheap and effective way to establish plants in a rain garden. Plugs
are very small plants about 1-2 inches wide and 4-6 inches long and generally come in 6
or 9-packs. They look pretty scrawny compared to big potted plants, but they establish
quickly and catch up to their larger counterparts usually within a year's time.
Buying Tip:
If you are planting in the springtime, you may want to consider planting 25% potted plants
and 75% plugs so that your garden has a fuller look throughout the first summer. If planting
in the fall you will only see the garden for a short time so 100% plugs would be the most
economical choice.
Transplanting:
Using portions of mature plants from other places in your yard or a friend's yard can save you
money on the cost of plants. Also, check out local plant sales and exchanges!
Be aware of invasive plant species and never plant them!
Notes
Sources and Credits:
Board of Regents of the University of Wisconsin System. Rain Gardens: A how-to manual for homeowners. UWEX
Publication, 2003.
City of Maplewood. Rain Garden Design and Construction Worksheet. Maplewood: City of Maplewood, 2007
Rusty Schmidt, Dan Shaw, and David Dods. The Blue Thumb Guide to Raingardens. Waterdrop Innovations, LLC,
2007.
This workbook was compiled by the Faribault
County Soil & Water Conservation District
with funding from MPCA and 319. �}
Minnesota Pollution Funded in part by a U.S.EPA grant authorized under the
Control Agency Clean Water Act and administered locally by the V
iARIBAQLTOh M.-M
Y Minnesota Pollution Control Agency scar, n WAT" cM➢NNEUVATIOK D&TIYIICI•
-� PUBLIC HEARING
City of Spring Park
4349 Warren Avenue, Spring Park, MN 55384
Date: February 12, 2014
For:. Lakeside setback Variance - 2401 Black Lake Rd
Name: T Address:
r f� y C� Oqo l aC �c C eol 6'(�
Oei 0 fye- 1519r;11� Park
Aqw T t;gLvp L, f\.vz�, tk.
Home as purchased in 2002 - exterior
Home as purchased in 2002 — interior, 2x4 construction with newspaper insulation
Completed in 2004
Page 19
4367 Shoreline Drive
Spring Park, MN 55384
February 7, 2014
Spring Park Planning Commission
Spring Park City Council
Spring Park, MN
Re: Variance requests by owners of 2401 Black Lake Road
We have great concerns as to the precedent that would be set by granting this variance. Although it's
unfortunate the owners were unable to sell the property for the price they would like to have achieved,
one could easily argue they were trying to obtain a sales price above current market values. Our major
concern in regard to this request is allowing buildings to far exceed minimum setbacks from the lake in
today's code. A 50' setback for lakeshore is a minimum throughout Lake Minnetonka and many cities
require 75' to 100' setbacks. In our opinion this is a minimum that should not be violated. It would
appear to us this variance request is based on personal financial reasons and this is not a legitimate
consideration for variance. The owners of this property no longer live there. We question their concern
for future lake quality. The City of Spring Park clearly notified them at time of purchase they would be
unable to obtain this sort of variance but they proceeded to close anyway and have been denied
numerous times thereafter. No means No. City ordinances should not be abused to mitigate personal
life choices.
Respectfully,
Stephen and Pauline Erickson
EXAMPLES OF RESIDENTIAL LOT CONFIGURATIONS IN SPRING PARK
1� •E1Q�1�
1�
Street
KEY: Front Setback (30ft) = Yellow dashed line
White text = Lot Area in Square Feet
Setback lines are approximate and for illustrative purposes only
Source: Hennepin County GIS
7TERc: LAG
Rear Setback (10ft) = Orange dashed line
Yellow text = Lot width
EXHIBIT B
EXAMPLES OF RESIDENTIAL LOT CONFIGURATIONS IN SPRING PARK
KEY: OHWL/Shoreline Setback (50ft) = White dashed line
White text = Lot Area in Square Feet
Setback lines are approximate and for illustrative purposes only
Source: Hennepin County GIS
Front Setback (30ft) = Yellow dashed line
Yellow text = Lot width
EXHIBIT B
EXAMPLES OF RESIDENTIAL LOT CONFIGURATIONS IN SPRING PARK
,5 *
�
0,
f
..r
KEY: Front Setback (30ft) = Yellow dashed line
White Dashed Line = OHWL Setback (50')
Setback lines are approximate and for illustrative purposes only
Source: Hennepin County GIS
• q
Rear Setback (10ft) = Orange dashed line
White text = Lot Area in Square Feet Yellow text = Lot width
EXHIBIT B
VIIOOf '
Bidding Documents will bb'-aVaIIzn
:PHN Land Use'Apps 169767,
able for inspechontat the office of 'ADVERTISEMENT:FORIBIDS;;
dfFrQ �fs}hQctQon Managerland the*r :Sealed bids will.be.received 5 by., '
V IVtS.-bnair ;-feels and Eng+neers 305kSt sPet6i, -sots la. t the .City Hall':until 1 �00-�3:m c , first read- ,Street :St ;Paul MN ° 5510-2 ;Tel x on Tuesday,,Februery, 18; 2014' for ias #6140°:651 227E 7+7,73 as` weII as,'severalt furnishing street maintenance mate 5150'' Dis Builders f Exchanges: Rochester rialdlor 2014:
riagement S , 3t Cloud' Mankato -St Paul;,and r , he,bids will be publicly opened
Violence =Mid Minnesota ,McGraw H+II.;Mm-:atthe,CityCouncilCha'mbers,
an:2780 Miiated neapohs ^.McGraw --Hill Inver Grove `Kelley, Parkway, and read
at at •the
Accept Heights + MEDA 'and` Reed Con above mentioned time forahe>cdn ident; Sex ' struction Data f?' sideration of.the City.CouncrL .:
on carved A pre-bidconference will be held + `A'i >bids shall 'be" made on the t
Monday, February 3; 2014 at< 3 30 ' ;forms `provided by the Cit
15 'BUDy and Shall,
`r pm local`>aime aY; th`e Grandview be:directed to the City Council;',Oro rl, BAR: Mo 'Middle 'School f681 Commerce no:City Office; RO:, Box,66,,Cry'tal Id by:Vice Boulevard Minnesota 55364 r t ' ga Minnesota 55323: Bids aubm+t
thet2014 Ss' r i r ,t t- . Y•
ndar: Mo 4 r sled by fax'machine are t accept
r 1/25 211/14 The Laker s is able. The City reserve's the ri ht.to x
F ,Grandvrew Renovations ;166590 } reject any;end all bids, waive; an n
no�'fur �;� r ;t1 y 9 C,-I�
+ ' " .t` �ttechnicalities and make'the award
econd bts d { 1 y`, E t in the best.interest of the City
y ; u' 5 + , Co ies of ,the s ecifications and n .camed P P
was _ad'rk } Proposal',for'ms will be furnished
r 1 ; without charge at theCity-.office �.
LE « ,` upon request by calling, 952-249
IETARY r 4600 or may.also.be obtained from
�the ,City websiteat
www Uorono minus
City of Orono Minnesota
CRY of Mound Vs/_Rachel Dodge a
City Clerk
14 Summary BudgAt-_ _ r Publishedain the Laker/Pioneer,
- newspapet the weeks Saturday s,to provide summary 2014 budget,information February 1, 2014, and Saturday and .to interested citizens: The budget is pub February8,2014: -'
Ainn_ Stat. 471.6965• This_budgef`is -summary
lets budget may be. examined,at`M1.ound City, 2/Y=2/8/14; The Laker The'Pioneer +
rd, Mound MN: The City Council approved this ; Street Maint Materials, 1,69760 • p
LEGAL -NOTICE
' 2014 Budget - CITY OF SPRINdPARK
SPRING PARK, MINNESOTA `
$15 547 370 =: NOTICE OF.PUBLIC' HEARING
- 402 21'0 ''q" NOTICE As; -hereby_ given ',the!c
i1
453 000, Planding Commission for the City of
s 577,122 vi Spring Park will hold a public hear- r
r 199,100 - .`' ing , on Wednesday; February' 12,
0 2014, at 7 p m;,or soon thereafter at
se Aid ` i 6 060 , Spnng Park City Hall, 4349 Warren t ` r
i Avenue S nn Park, MN to con- ' 351936 P 9•.
_ 835 590 '; sider the following
1 58 000 :'
+ Request by -property. owner at
nts 81150 2401, Black Lake. Road, Spring Park,t -
iuer.=-. { ?.:. 43.850
`Hues forvariance(s) from,fhe zoning code
for street setback, and lake setback.
8;482 388 All'oral and written comments for!
and aga+nst;the;variance tequest(s)`
Sales :? 0 wilI:be heard,etthe`ab'ove lime and` W .
�r.
LEGAL NOTICE
CITY OF SPRING PARK
SPRING PARK, MINNESOTA
NOTICE OF PUBLIC HEARING
NOTICE is hereby given the Planning Commission for the City of Spring Park will hold a public
hearing on Wednesday, February 12, 2014, at 7 p.m. or soon thereafter at Spring Park City Hall,
4349 Warren Avenue, Spring Park, MN to consider the following:
Request by property owner at 2401 Black Lake Road, Spring Park for variance(s) from the zoning
code for street setback and lake setback.
All oral and written comments for and against the variance request(s) will be heard at the
above time and place. This notice is given pursuant to the Spring Park zoning ordinance Sec.
42.279 (3) a. and d.
City of Spring Park
Wendy Lewin, City Clerk
(Published in The Laker, February 1, 2014)
LEGAL NOTICE
CITY OF SPRING PARK
SPRING PARK, MINNESOTA
NOTICE OF PUBLIC HEARING
NOTICE is hereby given the Planning Commission for the City of Spring Park will hold a public
hearing on Wednesday, February 12, 2014, at 7 p.m. or soon thereafter at Spring Park City Hall,
4349 Warren Avenue, Spring Park, MN to consider the following:
Request by property owner at 2401 Black Lake Road, Spring Park for variance(s) from the zoning
code for street setback and lake setback.
All oral and written comments for and against the variance request(s) will be heard at the
above time and place. This notice is given pursuant to the Spring Park zoning ordinance Sec.
42.279 (3) a. and d.
City of Spring Park
Wendy Lewin, City Clerk
(Published in The Laker, February 1, 2014)
gp630G�1G p�Q�(
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1
GENERAL LAND USE APPLICATION
Application No: 9 - d 4 w rL
Date Filed: (- %��- C /I
Date Complete:
Received By:
Base Fee:
Escrow: gdt'
J
Instructions: Please read carefully and answer all questions thoroughly. Only complete applications will
be accepted after validation by the Zoning Administrator, and prior to acceptance of required processing
fees and escrows.
PROPERTY INFORMATION G
Property Identification Number (PID): �J " 17 . 2
Street Address: Zy- a ( Ex_,dcK L_Aki?_p
Legal Description:
Other information:
APPLICATION INFORMATION
Name:
Address: 7 �f�a t. 1 Vic- - J�-A�C-e
City: State: _
Telephone r,l.l �_ Lu�> .7 " e�i z.3 Fax
Business Name:
R_0
Zip Code c7 �, (
e-mail _7C-ctat CA
PROPERTY OWNER INFORMATION (if other than applicant)
Name: Business Name:
Address:
City: State:
Telephone Fax
Zip Code
e-mail
REQUEST
Comprehensive Plan Amendment
Site and Building Plan Review
Ordinance Amendment (text or map)
Subdivision Sketch Review
Conditional Use Permit
PUD (concept plan/development)
Interim Use Permit
Preliminary Plat
Administrative Permit
Final Plat
Variance ��
Minor Subdivision
_
Appeal
Other:
DESCRIPTION of REQUEST (attach additional sheets as necessary)
Existing Use of Property: 7-4"M,k'j flQMF No �a.�c•�r.
Nature of Proposed Use:
Reason(s) to Approve S� Request: SLOF-V:- DF- F-f-7o ,r- �i
�. � : �.. X I t�!' 1 ��-, e:., �'>�', � �.l �r: '�,l�„�•.i t�`T � L�'ty { A4� M E hl75
DESCRIPTION of REQUEST (attach additional sheets as necessary)
e-1-ELLT L-1E1-V5L- MNIMUh1 SErR�Ac�
o E�EOWL 1-43ZE A2-4 So' P=P—oM zjTr'f� T` flV lr�F=l`,`r jMPfc.v pttatr;r"+.C: Ar.,e
Kc
Please describe any previous applications pertaining to the subject site:
Ntz-: r� 7001
yd lr l✓,'✓ /./ T G�+�A� p �C��/ A P/A�tJC �E C��r S�'" 2
Project Name: Date of Application:
Nature of Request:
APPLICATION FEES AND EXPENSES. The undersigned has paid the application fees and
posted the required escrows for this application. The undersigned agrees to pay all expenses
incurred by the City of Spring Park for review and processing of this application, including
expenses for legal, planning, engineering, administrative and/or other professional services. If
these expenses exceed the application fee paid and the posted escrows, the undersigned
understands and agrees that it is the responsibility of the applicant and the property owner to
pay such expenses in full within 30 days of receiving a bill from the City. If the City does not
receive payment in full within 30 days of the date of the bill, the City may approve a special
assessment against the property for the full amount of such unpaid expenses, and the property
owner specifically agrees to such an assessment and waives any and all appeals under
Minnesota Statutes Section 429.82. All fees and expenses are payable in full whether the
application is approved or denied. Escrow funds received in excess of the City's expenses for
review and processing of the application will be returned to the applicant/property owner.
I, the undersigned, hereby apply for the considerations described above and declare that the
information and materials submitted in support of this application are in compliance with
adopted City policy and ordinance requirements and are complete to the best of my knowledge.
I understand that this application will be processed in accordance with established City review
procedures and MN Statutes Section 15.99, as amended, supplemented or replaced from time
to time, at such time as it is determined to be complete. Pursuant to MN Statutes Section 15.99,
as amended, supplemented or replaced from time to time, the City will notify the applicant
within (15) business days from the filing date of any incomplete or other information necessary
to complete the application. Failure on my part to supply all necessary information as
requested by the City may be cause for denying this application.
A complete application shall include a completed and signed application form, payment of all
required fees and escrows, and a complete plan submission for the specific application.
I acknowledge and grant permission to any city staff members, city consultants, council
members or planning commission members to access the property named in this application, at
any time during this application process, in order to view, evaluate and understand this request.
Applicant: Date: lAle Zo/?
Property Owner: Date: /, glzaly
PAUL FADELL GARY H & JEANETTE L HUGHES MARIAN J ZEJDLIK
2401 BLACK LAKE RD 4343 SHORELINE DR 4055 GOLDENROD LA
SPRING PARK MN 55384 SPRING PARK MN 55384 PLYMOUTH MN 55441
MICHAEL W & KAY T LITTELL STEPHEN C & PAULINE ERICKSON CRAIG R GUSTAFSON
4363 SHORELINE DR 4367 SHORELINE DR 4373 SHORELINE DR
SPRING PARK MN 55384 SPRING PARK MN 55384 SPRING PARK MN 55384
KEITH J & KAREN L�KASK BRADLEY L BERLAND KOR LLC
19750 MANOR RD 2400 KINGS RD 327 CEDAR AVE S
DEEPHAVEN MN 55331 SPRING PARK MN 55384 MINNEAPOLIS MN 55454
KYLE DAWLEY
CARL & HOLLY JO M SPAETH
LAWRENCE & ANDREA SCHUSSLER
2413 BLACK LAKE RD
2421 BLACK LAKE RD
2425 BLACK LAKE RD
SPRING PARK MN 55384
SPRING PARK MN 55384
SPRING PARK MN 55384
WILLIAM F BARTOLOTTO JR &
ANDREW B FRIELER
MATTHEW T WILLETTE
SHERRIE M BARTOLOTTO
2433 BLACK LAKE RD
NICOLE WILLETTE
2429 BLACK LAKE RD
SPRING PARK MN 55384
2437 BLACK LAKE RD
SPRING PARK MN 55384
SPRING PARK MN 55384
SCOTT SUTTLE
SANDRA SUE BAKER
JEFFREY C & PENNY R WALTON
2447 BLACK LAKE RD
2463 BLACK LAKE RD
11200 52ND AVE N
SPRING PARK MN 55384
SPRING PARK MN 55384
PLYMOUTH MN 55442
NEIL E SCHOENHOFEN WILLIAM F BARTOLOTTO JR & RONALD J OLSON
2436 BLACK LAKE RD SHERRIE MOE BARTOLOTTO 2424 BLACK LAKE RD
SPRING PARK MN 55384 2429 BLACK LAKE RD SPRING PARK MN 55384
SPRING PARK MN 55384
FREDERICK H GERMAIN III BRIAN MERZ GINA D SARTORI & TED SARTORI
2418 BLACK LAKE RD 2412 BLACK LAKE RD 2406 BLACK LAKE RD
SPRING PARK MN 55384 SPRING PARK MN 55384 SPRING PARK MN 55384
WILLIAM J BARTELL JR WILLIAM J ELLIS JAMES & SALLY BEDELL
2398 BLACKLAKE ROAD 4329 SHORELINE DR 2625 WILSHIRE BLVD
SPRING PARK MN 55384 SPRING PARK MN 55384 MOUND MN 55364
PETERSON R E & DEVELOP LLC GEORGE P NORLING PATRICK O'FLANAGAN
5769 SUNSET RD 8300 HALSTEAD DR 4388 SHORELINE DR
MOUND MN 55364 MINNETRISTA MN 55364 SPRING PARK MN 55384
BREMER PROPERTIES INC PATRICK O'FLANAGAN ARTHUR PAUL MEISEL
4030 WILLISTON RD JEANETTE O'FLANAGAN PO BOX 258
MINNETONKA MN 55345 5605 KRAMER RD MOUND MN 55364
MINNETRISTA MN 55364
MICHAEL JAY ROLAND JOANNE L BITTNER BEVERLY J CRAWFORD
2401 INTERLACHEN RD 4309.ROSE HILL LA P O BOX 205
SPRING PARK MN 55384 SPRING PARK MN 55384 SPRING PARK MN 55384
DANIEL L & DEBORAH P PINAULT NICOLE M KORMANIK
4360 CHANNEL RD 4368 CHANNEL RD
SPRING PARK MN 55384 SPRING PARK MN 55384
ti
20 40 60
SCALE IN FEET
_OT LINE
PROJECT NOTES
1. REDUCES HARD COVER TO 26% OR
227 WITH PERMEABLE DRIVEWAY
2. EXCAVATION DISTURBS 31 CU YD,
7 CU YD FILL ADDED TO SITE TO
COMPLETE GRADING
3. SILT FENCE REQUIRED FOR RUNOFF
NO LOWER THAN 931.5' ELEVATION
4 RAIN GARDENS TO COLLECT LOT
AND GUTTER DRAINAGE, 120 SO FT
5 SETBACK VARIANCE OF 10' ON
STREET SIDE AND 15' ON LAKE SIDE
REQUIRED
6. GRASS GROUND COVER EXCEPT IN
AREA BETWEEN DECKS AND DRIVEWAY
Paul Fadell
612-237-0123
To: City of Spring Park
Re: 2401 Black Lake Road setback variance request to add detached garage structure
I present for your consideration the following detached garage proposal that will require two setback
variances.
Project Description
The proposed detached two -car garage is 22' x 22' in dimension. The proposed garage will be
approximately level with Black Lake Road and with the first floor of the existing home. The garage will
be built on a foundation of cast in place concrete in order to minimize the amount of site disturbance
and fill required. The garage floor level with the street will be pre -cast concrete span and there will also
be useable area underneath. The amount of earth disturbed is less than 32 cubic yards and the amount
of additional fill required to level driveway and front path area should not exceed 7 cu yd. While
temporary erosion control silt fence will be installed, it is my understanding that erosion control permits
through MCWD will not be required due to the small area and lower volume of fill being excavated and
brought in. Temporarily stored excavated materials will be contained with a temporary berm and
covered with tarp. Landscaping restoration will include rain garden construction and grass seed with
mulch. It is desirable to add plantings on the west elevation of the garage to soften the visual height
impact form the lake side. The garage will be connected to the home with a cedar decking that is
permeable, with the area below the deck also being permeable pavers. There is a patio door entrance
Page 1 1
for this deck on the first level of the home and another patio door entrance below it for back yard
access.
Appearance considerations:
The existing house is sided with cedar lap siding. For the street side of the garage, it is proposed to use
cedar lap siding stained the same color. Hardie Plank or other lower maintenance siding with a color
matching the existing window trim would be desirable to use on the other sides of the garage for lower
maintenance. It would also be visually pleasing to cover the exposed garage foundation with natural
stone or quality veneer. See below for colorized elevation and material pictures.
Proposed Hardie Siding Color
Proposed exposed foundation cover material appearance
Page 12
Drainage considerations:
The existing large 1120 sq. ft. impermeable, steeply sloped driveway is a detriment to the lot's ability to
retain and filter storm runoff. Through this project the hardcover can be reduced from 30% to 26%. If a
permeable driveway material is used, the hardcover decreases further to 22%. Gutters will be installed
on the garage and drainage diverted to 120 sq ft of rain gardens along with the main home gutter
drainage. The rain gardens will also capture some of the natural water flow along the slope of the lot
from the back (North) yard area and on either side of the garage from the street side. The front yard
area will be permeable mulch, while the balance of yard will remain grass cover. While not proposed at
this time, it would be desirable in the future to add shoreline retention native species planting area with
permits and grant through the MWCD to further improve water retention and filtering. If this is
required by the city, cost sharing grants will not be available.
Typical Raingarden Section
Edging Ex hard uruoure
as per plan 3't nubk shredded -�
hardwood tmdch
Width as per ph -in
6_MaxpondinaLepthTYP
to
Level Basin floor— - Max Tt vim'
.n
'RippRd subsoil wi?Mand.`�
�(+30CornprJitTiAedJn
I �
Proposed Rain Garden Detail
Retaining Wall Considerations and Design:
All retaining walls to be Keystone Block. Wall sections over 3' in height will be reinforced as shown in
the detail below.
Gravity Wall Schematic
cAP LTrnIIYSTO
CENTURY
NTu@r WALL units
/- FINISHED G@ADEBAOISLOPE OR SURCMARGL
' �
�—LnwPERr+.FweumsoR
COVPACTEO fltL IONI Al RLOLFRLL
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/ f Rf'NRED 504 ID14
WALL HEIGHT
I TUIn DRAINAGE Fill
LWt OI EACAVATION
r
EA:AEDww
LEVELING PAD
' T � DRADIAGE COLLECTION PIPE OF IN(X TED)
Reinforced Wall Schematic
SEMU%w
err ma
w r-6nfs6WIf DR nwoum
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Nx�cRAOE
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iav PFIIMfA91UT mn
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Page 13
Municipal Code Considerations
I present that this variance request does not cause any of the issues described in Sec. 42-166 (a) of the
Spring Park City Code and would like to comment on how this request is a reasonable use of the
property and can be granted without being in exception of the following restrictions given in the same
section (listed below for reference):
(b) A variance from the terms of this chapter shall not be granted unless it can be demonstrated
that:
(1) Special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures, or buildings in
the same district;
a. Special conditions may include exceptional topographic or water conditions
or, in the case of an existing lot or parcel record, narrowness, shallowness or
shape of the property.
b. Special conditions and circumstances may not be primarily economic in
nature.
This request is in consideration of the extreme topographical conditions that exist on
the lot. The previous summer cabin structure on this lot had a lower garage that was
accessible only by the existing driveway. This driveway is sloped downward in sections
at 18.50, which is the angle of a 4/12 pitched roof and does not allow year-round
reasonable use of the parking area.
(2) Literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by owners of other properties in the same district under the
terms of this chapter.
Out of 21 other homes with addresses on Black Lake Road, there are only 2 that do not
have a garage.
(3) The special conditions and circumstances do not result from the actions of the
applicant.
The topographical conditions of the lot and the extreme slope of the driveway leading
to the original garage location did not result from the actions of the present owners.
(4) Granting the variance requested will not confer on the applicant any special privilege
that is denied by this chapter to other lands, structures, or buildings in the some district.
Requested setback distances exist in multiple other structures on the same street.
Three do not meet the 50 foot lake side setback and 11 do not meet the 30 foot
driveway length setback from Black Lake Road. See aerial photo below.
Page 14
Spring Park Comprehensive Plan goals and policies that this project supports
Natural Resource Goals
Goal 1: Protect City's natural resources and enhance lake water quality.
D. This project maintains storm water utility easements
E. This project will reduce existing lot hardcover and add rain gardens for water retention
Residential Goals
Goal 1: Allow for a variety of housing types, styles and choices to meet the needs of Spring Park's
changing demographics.
E. Encourage investment and improvements to the City's existing housing stock that adapt
homes to the various life cycle needs of Spring Park's residents.
A garage will improve the usability of this home for the modern family and also create a
cleaner appearance by allowing vehicles, bicycles and maintenance equipment to be stored
indoors.
Goal 2: Maintain or enhance the strong character of Spring Park's single family residential
neighborhoods.
A. Promote private reinvestment in the City's single family housing stock.
Allow a willing investor to improve this small part of the city.
Page 16
Appendix A: Lot ownership questions
C ys.co ne �epmm�..:s _
w Wv�es po�...b.+,�a„„ Or:,,. ,., 0:..,. �...�- rose. u+i �H pH.. r, ��w._ ■r,.,..,�.w+..... o�.ae. w.. —s —
= Ist_ tirt,ae,yaM ::t�.nrn..we_ �wesrK op.�sd ay,..w�.
On the Hennepin County website, it appears that the lot for 2401 Black Lake Road is missing a large
section that appears not to belong to anyone. A survey was done and the lot lines were established,
they do not show this section. This is believed to have arisen from poor wording in an adjacent legal
description change, and is not an uncommon issue as shown for many other properties nearby.
Diagram from Survey dated 1/8/14
Page 17
Appendix 6•
Personal reasons to request garage variance
1. Expanding family of six has outgrown 2-bedroom home, yet the home is unable to sell after 4
cumulative years on the market..
2. Family doctor letter of recommendation to move closer to a Children's care center due to child
medical condition.
3. Missed opportunity for career advancement. Inability to sell home has and is preventing
desirable career opportunities.
4. We have a desire to leave the community an attractive usable home instead of a bank -owned
property that may not be maintained.
Page 18
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
December 12, 2013
Mr. Paul Fadell
2401 Black Lake Road
Spring Park, MN 55384
RE: Spring Park — 2401 Black Lake Road Variance Hppimation
FILE NO: 175.01
Dear Mr. Fadell:
The City of Spring Park has received your development application for a shoreland
variance request for a garage at 2401 Black Lake Road. In accordance with Minnesota
Statutes 15.99, we have reviewed your application and found the submission
information to be incomplete. The following information is required for a complete
application and to initiate the City's review process:
Lot Survey. The site plan that you provided is a lot survey that details the
following:
a. Lot Lines. Hennepin County property information indicated that the
property at 2401 Black Lake Road has a different lot configuration than
shown on your site plan. The County map suggests that there is a
separate lot remnant along the west side of your property that has been
j included in your site plan.
V b. The survey must identify the boundaries of the utility easement over the
storm sewer running through your lot.
-Jc. The survey must show topography that illustrates the ordinary high water
level of Lake Minnetonka, Black Bay.
2. Grading Plan. Your site plan indicates that the retaining wall would raise the
garage to street level. This will require a grading and drainage plan that
includes:
a. Site topographic contours that illustrate both existing contours and
proposed contours showing garage floor elevations and driveway
elevations, and their relationship to the house, street and lake.
b. Fill quantities for raising the garage. I/
Paul Fadell
Variance Application
December 12, 2013
Page 2
C. Site drainage patterns and stormwater treatment that is proposed after
construction. We need to have details on site restoration, replacement of
ground cover, grass areas, and details on -the -drainage -buffers.
d. Erosion and sediment control methods that will be used during
construction and site restoration. xJ
e. Hard cover calculations before and after construction. V/
3. Building Details.
a. Building elevations for the garages that demonstrate how it will match the
home in architecture, exterior materials and color. V
b. Details on the deck construction. Is the deck and the area beneath hard
surface or a pervious surface? V
C. How will you access the home from the garage? '
Understanding the history of this property and past denial of variance requests, staff
presented your application to the Spring Park Planning Commission for discussion and
direction. They raised issues pertaining to past requests, site access, building
appearance, driveway length, raising the garage to match the street, and driveway
slope. The information listed above is necessary to respond to Planning Commission
questions and concerns. Due to the site's history pertaining to variance, if you would
like to meet with City staff to discuss the needed plans before moving ahead with this
application, we are available.
Without the submission of the information listed in this letter, your application is
incomplete and will not be processed. Please contact City Hall and inform us if you
wish to proceed and the timing for delivering the additional information.
Sincerely,
NORTHWEST ASSOCIATED CONSULTANTS, INC.
� 1
Alan Brixius, AICP
Principal
c: Dan Tolsma, Wendy Lewin, Nancy Beck