4.1. BASR 10-23-2001 • Item #4.I.
City of
Elk -�-�
River
MEMORANDUM
TO: Board of Adjustments
FROM: Michele McPherson,Director of Planning
DATE: October 23, 2001
SUBJECT: Case No. V 01-08
Request by Mike Jones to Allow a Slope Greater than 3:1
Without a Retaining Wall
Request
The applicant requests that a variance be granted to allow a slope greater than 3 feet
horizontal to 1 foot vertical (3:1) to exist without a retaining wall.
Attachments
• Location Map
• Section 900.30.A.vi
• Applicant's Narrative
• June 19, 2000 Letter from NSP
• Photograph - side yard
• Photograph- rear yard
• Property survey
Location
11740 200th Avenue NW (Lot 2, Block 2, Brentwood)
Zoning/Land Use
R1a, Single Family Residential (2 lh acre lot minimum) / LR, Low Density Residential
Analysis
The subject property is located at the end of 200`h Avenue in the Brentwood Subdivision.
This is one of a few lots in Brentwood that are still vacant due to the fact that they are
Memo to Board of Adjustments/V 01-08
October 23,2001
Page 2
• encumbered by a 240'wide Northern States Power Company easement. In this case,the
easement covers approximately 90 percent of the lot. In order to construct the home,the
applicant received approval from Northern States Power Co.to allow location of the septic
system and retaining wall within the easement. The applicant is requesting that the existing
slope be allowed to remain and that any exposure of the slope be corrected by the use of
erosion control blankets and seed mix.
The applicant received a building permit to construct a home on the subject property in
August of 2000. A temporary certificate of occupancy was issued on January 11,2001 until
June 1,2001,based on the fact that the home needed landscaping,final grading,a driveway,
sidewalks and a retaining wall. The applicant's bank has escrowed money for the retaining
wall,final grading and the driveway. The applicant has requested a variance not to install a
retaining wall on the property and to allow a slope of greater than 3:1.
In preparation for this report,the City Engineer and staff observed the site and determined
that:
1) the slope is greater than 3:1, it is almost a 1:1 slope
2) that based on the extreme gravel content of the soil, an erosion control blanket and
seeding would not provide adequate slope stabilization for the site.
In order to grant a variance from the literal interpretation of the ordinance,the following
five conditions must be met:
• 1. Literal enforcement of the ordinance will cause undue hardship.
2. The hardship is caused by special conditions and circumstances,which are peculiar to
the property and the structure involved and which are not characteristic of,or applicable
to, other lands or structure in the same area.
3. The literal application of the provisions of this ordinance would deprive the petitioner of
rights enjoyed by other properties in the same district under the terms of this ordinance.
4. The special conditions and circumstances are not a consequence of the petitioner's own
action or inaction.
5. The variance will not be injurious to or adversely affect the health,safety or welfare of
the residents of the city or the neighborhood where the property is located and will be in
keeping with spirit and intent of the ordinance.
Literal enforcement would require the applicant to spend additional money (currently
escrowed) on the retaining wall required by code.
The site is unique in the fact that the property is encumbered by a large utility easement;
however,there are other sites in the area encumbered by the same utility easement. The
applicant could have chosen a different style home to place on the lot to reduce the impact
• on the existing slope.
S:\PLANNING\MICHMC\PLREPRTS\V01-08.DOC
Memo to Board of Adjustments/V 01-08
October 23,2001
Page 3
• Literal application of the ordinance provisions would require the applicant to install the
retaining wall as required.
The special conditions are a consequence of the applicant's site and home style selection.
The request would not adversely impact other properties in the vicinity;however,it could
adversely impact the property itself if the erosion increased. Severe erosion was observed on
the site due to the rocky and gravel-laden soil.
There are a number of lots remaining in the Brentwood Subdivision that are encumbered by
large power line easements. Staff feels that due to the soil types, a retaining wall is
appropriate and that a variance should not be granted to allow a slope greater than 3:1 to be
maintained with an erosion control blanket.
Recommendation
Staff recommends that the Board of Adjustments deny the request to allow a slope greater
than 3:1 without a retaining wall.
S:\PLANNING\MICHMC\PLREPRTS\V01-08.DOC
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. Case Number: V 01-08 Mike Jones
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i. All exposed ground areas surrounding or within a
• principal or accessory use, including street
boulevards, which are not devoted to drives,
sidewalks, patios, or other such uses shall be
landscaped with grass, shrubs, trees, or other living
ornamental landscape materials.
ii. All landscaped areas shall be kept neat, clean
and uncluttered.
iii . No landscaped area shall be used for the parking
of vehicles or the storage or display of materials,
supplies or merchandise.
iv. Undisturbed areas of existing natural vegetation
maintained free of noxious weeds need not be altered.
v. A reasonable attempt shall be made to preserve as
many existing trees as is practical and to incorporate
them into the proposed development plan.
vi. Slopes greater than three (3) feet horizontal to
one (1) foot vertical (3 :1) will not be permitted
without approval by the City. Only under special
conditions or unique circumstances will steeper slopes
be permitted. Slopes adjacent to pedestrian systems,
inslope of roadways, ponding, sedimentation areas, and
• other water or wetland features may not have a slope
greater than 4:1.
vii. In all multi-family and commercial zoning
districts, the maintained/manicured landscaped areas
shall have inground/underground irrigation systems.
Industrial zoning districts must have irrigation
systems within landscaped areas adjacent to public
right of way.
B. Landscaping Requirements in Multifamily Districts,
Commercial Districts, and Industrial Districts and
Nonresidential Uses in Residential Districts.
i. Application of Requirements. All properties
shall comply with the requirements of this section
when new development or expansions are to occur on
these properties, except for single dwelling unit or
two family unit lots .
ii. Landscape Plan Requirements. Landscape plans
shall be prepared by a landscape architect or other
qualified individual acceptable to the City.
Landscape plans shall be drawn to a scale of not less
than one (1) inch equals fifty (50) feet and shall
include the following information:
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RSp Northern States Power Company
414 Nicollet Mall
Minneapolis, Minnesota 55401-1993
• Telephone(612)330-5500
June 19, 2000
Mike Jones
11948 Nevada Avenue N.
Champlin, Mn 55316
ENCROACH MENT — Septic System and Retaining vVaii
Line 984
Section 22, Township 33, Range 26
Dear Mr. Jones:
Our Transmission Engineers have reviewed the septic system and retaining wall
encroachment. The proposed retaining wall cannot exceed 4 feet in height and must
• not be greater than 5 feet into the easement. The encroachment for the septic
system is acceptable to NSP under the following conditions:
(1) Excavation close to structure location.
A minimum distance of 20 feet of supported earth must be maintained from
any part of the line structure. Support of the ground beyond the 20 feet may
be provided by a slope no greater than three feet horizontal to one foot
vertical. Support may also be provided by the use of cribbing, sheet piling,
retaining wall or tunneling. The specific plan for providing the required
support and the excavation plan for the proposed project must be submitted
to NSP for review and approval.
(2) Grade change within easement.
The ground elevation within the easement shall not be increased above the
existing grade. Stockpiling of soil and/or material within the easement will
not be permitted.
(3) Clearances to equipment.
A working clearance of 25 feet between the electrical and any cranes or
digging equipment used in or near the easement, must be maintained at all
• times. If this clearance cannot be maintained, the contractor or developer
must arrange for a line outage by calling NSP's System Control department
(Carol Andrews 612/330-6135). At least two weeks edvariced notice must
be provided in order to schedule a line outage. There is a fee of
Page 2
6/19/2000
•
approximately $350.00 per day, per outage, for this service. This fee must
be paid prior to outage.
(4) Landscaping within the easement.
Detailed plans for landscaping (including light standards) must be submitted
to NSP for review and approval. Generally shorter varieties of trees and
shrubs may be considered. If planting is permitted, the line's voltage and the
tree's mature height and the distance from the line must be considered. For
maintenance purposes there shall be no planting with 15 feet of structure
sites.
(5) Building on easements.
There shall be no permanent or temporary building allowed on the
easement.
It is the express condition of this consent that all other terms and conditions of that
certain easement granted by Oscar Jones by Final Decree and recorded as
Document No. 154099 shall remain in full force and effect.
• To acknowledge receipt of and agreement with the terms of this consent, please
sign this letter and return to my attention.
Thank you for your courtesy and cooperation.
Sincerely,
Terri Boyl' ACCEPTED:
Real Estate Assistant By:
612/330-6956
Its
C: Roger Johnson
Steve LaCasse
NH:33592-20
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