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Planning Commission - 02/13/2023
ANNOTATED AGENDA TO: Planning Commission Members FROM: Jeremy Barnhart, City Planner RE: Planning Commission Meeting for Monday, February 13, 2022 _______________________________________________________________________________ Monday, February 13, 2023 7:00 PM, COUNCIL CHAMBERS I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE- ROLL CALL III. APPROVAL OF AGENDA MOTION: Move to approve the agenda. IV. APPROVAL OF MINUTES A. PLANNING COMMISSION MEETING HELD MONDAY, DECEMBER 12, 2022. MOTION: Move to approve the Planning Commission minutes dated December 12, 2022. V. PUBLIC HEARINGS A. BLUFFS AT NINE MILE CREEK SIGN VARIANCE Request for: • Variance to allow (2) free standing signs in the RM-2.5 Zoning District MOTION 1: Move to close the public hearing. MOTION 2: Move to approve the variance to allow a second free standing signs in the RM-2.5 Zoning District as represented in the February 13, 2023 staff report. B. GUIDARINIE RETAINING WALL VARIANCE Request for: • Variance to allow construction of a new retaining wall within the 75’ shore impact zone. MOTION 1: Move to close the public hearing. MOTION 2: Move to approve a variance to allow a series of retaining walls within the shoreland setback and to exceed the 30% limit of hardcover within the shoreland overlay district as represented in the February 13, 2023 staff report. VI. PLANNERS’ REPORT VII. MEMBERS’ REPORT ANNOTATED AGENDA February 13, 2023 Page 2 VIII. ADJOURNMENT MOTION: Move to adjourn the Planning Commission meeting. AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, February 13 2023 - 7:00 P.M. PLANNING COMMISSION MEMBERS: John Kirk, Andrew Pieper, Ed Farr, Carole Mette, William Gooding, Rachel Markos, Robert Taylor, Daniel Grote, Frank Sherwood STAFF MEMBERS: Jeremy Barnhart, City Planner; Rod Rue, City Engineer; Matt Bourne, Manager of Parks and Natural Resources I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE -- ROLL CALL III. APPROVAL OF AGENDA IV. MINUTES A. Approval of the Planning Commission Meeting minutes dated December 12, 2022. V. PUBLIC HEARINGS A. VARIANCE #2023-01 Location: 7475 Flying Cloud Drive Request for: • To permit the construction of a second free standing signs in the RM-2.5 Zoning District. B. VARIANCE #2023-02 Location: 7953 South Bay Curve Request for: • To permit the construction of retaining walls within the 75’ shore impact zone and to allow impervious surfaces to exceed 30%. VI. PLANNERS’ REPORT VII. MEMBERS’ REPORTS VIII. ADJOURNMENT APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, DECEMBER 12, 2022 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Rachel Markos, Carole Mette, William Gooding, Robert Taylor, Dan Grote CITY STAFF: Jeremy Barnhart, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Absent were commission members Mette and Gooding. III. APPROVAL OF AGENDA MOTION: Grote moved, seconded by Taylor to approve the agenda. MOTION CARRIED 7-0. IV. MINUTES MOTION: Kirk moved, seconded by Markos to approve the minutes of October 10, 2022 as amended to add Rod Rue as attending staff, and to change Pieper’s title under Item I to Chair from Vice-Chair. MOTION CARRIED 7-0. V. PUBLIC HEARINGS A. CODE AMENDMENT FOR ZONING AMENDMENT VOTING Request for: • Amend City Code Chapter 11, Section 11.78 - Z Barnhart explained that previously, any City Code Amendment required a two-thirds majority vote of the Eden Prairie City Council. However, a state statute change in 2021 required only a simple majority for passage of most zoning amendments with the exception of a zoning map change from residential to PLANNING COMMISSION MINUTES December 12, 2022 Page 2 commercial or industrial. This was therefore a procedural amendment in the Code to make the City consist with the state statute, whereas actual zoning changes (residential to commercial or industrial) would still require a two-thirds majority vote. Grote asked for and received confirmation a change from industrial to multi-family unit would only require a simple majority vote. MOTION: Markos moved, seconded by Sherwood to close the public hearing. Motion carried 7-0. MOTION: Grote moved, seconded by Sherwood to approve the Code Amendment for Zoning Amendment Voting. Motion carried 7-0. PLANNERS’ REPORT Barnhart took the commission members through the 2023 Work Plan. There will be text amendments in the first quarter related to the Comprehensive Plan creating a new district with the mixed-use designation, as well as a flex service district, and training in the second quarter for new commission members. Lastly, at the end of the year there would be another Work Plan draft giving a sense of 2024 goals. Farr requested a review of the last two years’ of minutes for issues of which commission members requested further study. Pieper agreed. Barnhart offered to check his notes and make a list of those concerns for the commission members for this time next year. MOTION: Kirk moved, seconded by Taylor to approve the 2023 Work Plan. Motion carried 7-0. MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Grote moved, seconded by Taylor to adjourn. Motion carried 7-0. The meeting was adjourned at 7:09 p.m. STAFF REPORT TO: Planning Commission FROM: Ben Schneider, Planner I DATE: February 13, 2023 SUBJECT: Variance Request #2023-01 APPLICANT/OWNER: Myrna Orensten, Imaginality Designs LOCATION: Bluffs at Nine Mile Creek – 7475 Flying Cloud Drive 120 DAY REVIEW PERIOD: May 26, 2023 REQUEST: • A Variance to allow two (2) free-standing signs in the RM-2.5 Zoning District. City Code permits one (1) free-standing sign per development, per street entrance in the RM-2.5 Zoning District. BACKGROUND The Bluffs at Nine Mile Creek, the subject property, is a multi-family apartment complex located at the corner of Flying Cloud Drive and Valley View Road. The building was constructed in the early 2000’s. The Property is zoned RM-2.5 and is guided by the Comprehensive Guide Plan as Medium High Density Residential (MHDR). The applicant is applying for a variance to allow for two free-standing signs on the Property. City Code Section 11.70, Subd. 5 A.2.a. permits the following in the RM-2.5 District: “One (1) free-standing sign per development, per street entrance not greater than thirty-two (32) square feet in area and not greater than six (6) feet in height.” The site has an existing sign at the intersection of Flying Cloud Drive and Valley View Road. The applicant wishes to install a second sign at the site Existing Sign Location Proposed Location of 2nd Sign (entrance) Staff Report – Variance #2023-01 February 13, 2023 Page 2 entrance. It should be noted that there is currently a sign at the entrance that does not appear to have documented sign permit history with the City. The draft Final Order requires the removal of this existing sign as a condition of approval. The applicant has included plans showing the proposed design and location of the second sign. If this variance request to allow a second sign is granted, the sign would still need to meet all other City Code standards, including setback, size, and height. The submitted plans appear to satisfy these standards, and staff would confirm that these regulations are met through the sign permit process. Staff has also included a condition in the draft final order that any removal of landscaping to accommodate the new sign must be approved by the City Planner and replaced on a one for one basis. VARIANCE REQUEST To allow two (2) free-standing signs in the RM-2.5 Zoning District. City Code permits one (1) free-standing sign per development, per street entrance in the RM-2.5 Zoning District. EVALUATING VARIANCES AGAINST STATUTORY CRITERIA Variances may be granted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Furthermore, variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties, as used in connection with the granting of a variance, means that the property owner proposed to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. 1. Consistency with the Comprehensive Plan The proposed request is not in conflict with the goals and intent of the land use identified in the Comprehensive Plan. Granting the variance would not change the residential land use of the property. 2. Harmony with the Purpose and Intent of the Ordinance City Code Section 11.70, Subd. 1 details the purpose and intent of the City’s Sign Ordinance. This provision primarily highlights goals regarding aesthetics and public safety. The proposed second sign would be over 600 feet away from the existing sign, which mitigates aesthetic concerns related to “sign proliferation.” The proposed second sign also does not pose any known public safety concerns. Therefore, the request is harmonious with the purpose and intent of the Sign Ordinance. 3. Unique Circumstance There is a grade change of roughly 40 feet between the intersection of Valley View Road and Flying Cloud Drive and the building on the subject property. This condition, plus several trees in the area, significantly limits the visibility of the building in this location. This creates a Staff Report – Variance #2023-01 February 13, 2023 Page 3 unique circumstance that warrants the location of the existing sign, as drivers could potentially miss the turn onto Flying Cloud Drive without it. It is also reasonable to have a second sign near the site entrance to guide visitors and first responders to the building. 4. Alteration of the Essential Neighborhood Character The Bluffs at Nine Mile Creek is across the street from three parcels that are zoned a combination of Office and Industrial. In both of these zoning districts, more than one free-standing sign is permitted if a parcel has more than one street frontage, as is the case with the subject parcel. The request therefore does not alter neighborhood character. 5. Reasonable Use of Property Signage in general is permitted on the Property. Also, the applicant is only requesting one additional sign, conforming in size and location from what is allowed in Code. This request is a reasonable use of the property. STAFF RECOMMENDATION The granting of this variance is in harmony with intent and general purposes of the ordinance and the nature of the variance requested is consistent with the Comprehensive Plan. Staff recommends approval of the following request: Approve Variance Final Order #2023-01 subject to plans dated January 25, 2023, based on the information outlined in the Planning Department Staff Report dated February 13, 2023 with the following conditions: 1. The existing sign near the entrance must be removed prior to installation of any new signage. 2. Any removal of trees or other landscaping must be approved by the City Planner and replaced on a one for one basis. The Commission may choose from one of the following actions: 1. Approve Final Order #2023-01 as presented. 2. Approve Final Order #2023-01 with modifications. 3. Continue Variance Request #2023-01 for additional information. 4. Deny Final Order #2023-01. ATTACHMENTS 1. Draft Final Order 2. Project Narrative 3. Plans VARIANCE #2023-01 CITY OF EDEN PRAIRIE PLANNING COMMISSION FINAL ORDER #2023-01 APPLICANT: Myrna Orensten, Imaginality Designs ADDRESS: 7475 Flying Cloud Drive OTHER DESCRIPTION: Lot 1, Block 1, The Bluffs at Nine Mile Creek, Hennepin County, Minnesota VARIANCE REQUEST: To allow two (2) free-standing signs in the RM-2.5 Zoning District. City Code permits one (1) free-standing sign per development, per street entrance in the RM-2.5 Zoning District. The Board of Adjustments and Appeals for the City of Eden Prairie at a regular meeting thereof duly considered the above petition and after hearing and examining all of the evidence presented and the file therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (Yes No ). 2. Variance #2023-01 is: _____ granted _____ modified _____ denied 3. Findings and conditions are attached as Exhibit A. 4. This order shall be effective fifteen days after the decision of the Board of Adjustment and Appeals or on February 28, 2023; however, this variance shall expire one year after the date of the approval unless the applicant has commenced the authorized improvements or use or has received an extension of the time period as provided below. The applicant may submit a request for a one-time extension of up to one year from the original expiration date. Said extension shall be requested in writing to the City Planner at least 60 days prior to the expiration of the approval. The requested extension shall be reviewed by the City Planner. If the facts and circumstances under which the original variance was granted have not materially changed, the City Planner may approve the extension. If there has been a material change in circumstance since the granting of the variance, the City Planner shall submit the request for review and consideration by the Board. 5. All Board of Adjustments and Appeals actions are subject to City Council Review. BOARD OF ADJUSTMENTS AND APPEALS N/A = Not Applicable BY:________________________________________________ Planning Commission Chair – Andrew Pieper Date: 02-13-2023 EXHIBIT A – FINDINGS AND CONDITIONS VARIANCE #2023-01 FINDINGS “Practical difficulties” is a legal standard set forth in law that cities must apply when considering applications for variances. It is a three-factor test and applies to all requests for variances. To constitute practical difficulties, all three factors of the test must be satisfied. The three practical difficulties include reasonableness, uniqueness, and maintaining the essential character of the neighborhood. Additionally, the variance must demonstrate harmony with other land use controls. 1. Reasonable use of the property - The first factor is the property owner proposes to use the property in a reasonable manner but cannot do so under the rules of the ordinance. The use of the property is not proposed to change as part of this request. Signage in general is permitted on the Property. Also, the applicant is only requesting one additional sign, conforming in size and location from what is allowed in Code. This request is a reasonable use of the property. 2. Unique circumstances - The second factor is that the property owner’s situation is due to circumstances unique to the property not caused by the property owner. There is a grade change of roughly 40 feet between the intersection of Valley View Road and Flying Cloud Drive and the building on the subject property. This condition, plus several trees in the area, significantly limits the visibility of the building in this location. This creates a unique circumstance that warrants the location of the existing sign, as drivers could potentially miss the turn onto Flying Cloud Drive without it. It is also reasonable to have a second sign near the site entrance to guide visitors and first responders to the building. 3. Essential character of neighborhood - The third factor is that the variance, if granted, will not alter the essential character of the locality. The Bluffs at Nine Mile Creek is across the street from three parcels that are zoned a combination of Office and Industrial. In both of these zoning districts, more than one free-standing sign is permitted if a parcel has more than one street frontage, as is the case with the subject parcel. The request therefore does not alter neighborhood character. The granting of the variance is in harmony with intent and general purposes of the ordinance and the nature of the variance requested is consistent with the comprehensive guide plan. CONDITIONS: • Subject to the information provided in the Staff Report dated February 13, 2023 and plans dated January 25, 2023. • The existing sign near the entrance must be removed prior to the installation of the new sign • Any removal of trees or other landscaping must be approved by the City Planner and replaced on a one for one basis. 763-545-4123 • 822 decatur avenue north • golden valley, mn 55427 | imaginalitydesigns.com Dear Planning Commission, It is our request for a variance request to allow a second monument at the en- trance to Bluffs at Nine Mile Creek on Flying Cloud Drive. Bluffs at Nine Mile Creek multi-housing parcel zoned RM 2.5 which by code is allowed: One (1) free-standing sign per development, per street entrance not greater than thirty-two (32) square feet in area and not greater than six (6) feet in height. The property is unique in that it is on the top of a bluff and not visible from the roads below. The parcel is in excess of 10 acres at 7475 Flying Cloud Drive. It has approximately 571 linear feet along Valley View Road and over 1500 feet of frontage along Flying Cloud Drive, both are classi- fied as Major Collector streets. Across Valley View is zoned Parks/Green Space and properties across Flying Cloud is zoned either office or indus- trial, allowing monument signs up to 80 square feet. The nearest Resi- dential property is located on the bluff behind the property. The Bluffs at Nine Mile Creek is on the corner of Valley View Road on the east and Flying Cloud Drive curving around the South from Shady Oak and west sides with an entrance that is almost in the middle of over 1500 linear feet on frontage. The main visibility to guide a turn is at the corner of Valley View and Flying Cloud with a single south face sign nestled into the bluff as it has been since initially built in 2003. Given the actual entrance is located over 800 feet around the curve from the corner and about 700 feet without any pre identification from traffic traveling south on Flying Cloud there would be no identification of the property without proper entry signage. There is a provision for 6 sq ft of directional signage which is inadequate to accommodate both the property name, directional information and address. This does not allow for signage to be at a readable height or text to be at a readable, legible size at the setbacks and reaction dis- tances. With the provision for 2 monument signs, the request to add the ad- ditional sign at the actual Flying Cloud entrance is reasonable and meets the code as well as the purpose and intent of the code: “…to promote general welfare, health, safety and order within the City… provide an opportunity for effective communication…protect pedestrians and motorists from damage…” Variances shall only be permitted in harmony with the general purposes and intent of this chapter and are consistent with the City's comprehensive plan. ”. 1. Purpose and Intent. The purpose of this section is to regulate the number, location, height, size, type, illumination, and other physical characteristics of signs within the City to protect and promote the general welfare, health, safety, and order within the City through the establishment of a comprehensive and impartial series of standards, regulations and pro- cedures governing the erection, use and/or display of devices, signs or symbols serving as visual communicative media to persons situated within or upon public right-of-way or pri- vate properties. The provisions of this section are intended to encourage creativity, pro- vide a reasonable degree of freedom of choice, provide an opportunity for effective com- munication, manage and mitigate the aesthetic impact of signage, protect pedestrians and motorists from damage or injury caused by distractions, obstructions, and hazards created by signs, and encourage a sense of concern for visual amenities on the part of those de- signing, displaying, or otherwise utilizing needed communicative media of the types regu- lated by this section; while at the same time assuring that the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities. "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter. The plight of the landowner is due to unique circumstances of the property as the build- ings are located at the top of the hill and there is only one access into the property along the middle of the curved road allowing a swayed long back entry - and the buildings are not easily visible in the sight lines from the street frontage. Given there are only two other entries along the same stretch of road across the street and they are zoned ‘Office or Industrial’ the variance, if granted, will not alter the essential character of the locality. The Office District across the street and Industrial zone further down are allowed free-standing signage not to exceed eighty (80) square feet. Economic considerations are not a consideration in this application. Practical difficulties also include the geographical/topographical setting to see the entry and having adequate response time to make the appropriate turn into the property. The proposed 2nd sign would meet all other zoning standards, including setback and size. Respectfully consider the approval of this variance request. Thank you, Myrna Orensten Imaginality Designs, LLC RM-2.5 zoning district. Required Submittal Materials (must be submitted electronically via Pro- jectDox): Illustrate through sketches and/or photos of existing conditions, and be prepared to review and discuss why alternatives (either meeting code requirements or requiring less of a variance) will not work. A letter addressed to the Planning Commission explaining the variance request and reason(s) the variance would meet the practical difficul- ties test of reasonableness, unique circumstances, and neighborhood character. (*for further information on the practical difficulties test, please see page 3 for language explaining variance requirements from Chapter 11 of the City Code). RESIDENTIAL requests – A to scale survey, showing lot lines and set- backs of existing and proposed structures and location of buildings on adjoining properties. Also show with photos or on survey the building elevations, architectural floor plans and pertinent topo- graphical features (trees, fences, berms, steep slopes, ponds, roads, existing and proposed elevations that have bearing on the variance request). OTHER requests - A to scale survey, showing lot lines and setbacks of existing and proposed structures. Also include landscape plan, perti- nent topographical features such as trees, fences, berms, steep slopes, ponds, roads and existing and proposed elevations that have bearing on the request. Other documents may be requested by City Staff to provide a thorough review of the Variance request. STAFF REPORT TO: Planning Commission FROM: Jeremy Barnhart, City Planner DATE: February 13, 2023 SUBJECT: Variance Request #2023-02 APPLICANT/OWNER: GEOWall Designs, LLC / Robert Guidarini LOCATION: 7953 South Bay Curve 120 DAY REVIEW PERIOD: May 20, 2023 REQUEST: A variance to construct retaining walls as close as 22 feet from the Ordinary High Water Line, within the 75’ shore impact zone and within the 150 feet shoreline setback. A variance to permit 31% hardcover on the parcel, City Code limits hardcover in the shoreland district to 30% of the gross lot area. BACKGROUND The subject property, highlighted in red in the aerial below, is zoned R1-13.5 and is within the shoreland overlay zone. The home was constructed in 1986 about 22 feet from the Ordinary High Water Level (OHWL) of Mitchell Lake. The Shoreland Overlay district requires a structure setback of 150 feet from the OHWL. The original construction of the structure pre-dates the establishment of the Shoreland Overlay District in 1996. Therefore, any existing improvement in the shoreland is legal-non-conforming and may be maintained without a variance. However, any expansion of these improvements, including new or relocated retaining walls, is not permitted unless a variance is granted. The original retaining walls supporting the deck and home foundation are in danger of failing, and corrective measures are necessary, in the opinion of the applicant’s engineer. Last fall, initial corrective work was completed as phase I that included stabilizing the existing retaining walls. Phase II includes building additional retaining walls to further protect those walls, the phase I improvements, and the existing foundation. These improvements require a variance. Staff Report – Guidarini February 13, 2023 Page 2 2 The subject property is being used as a single-family residence, which is consistent with both the Comprehensive Plan and the Zoning Ordinance. However, the lot area is non-conforming as it is 11,639 sq ft, where the R1-13.5 requires a minimum lot area of 13,500 sq ft. The property is served by conforming municipal water and sanitary sewer systems. The applicant is requesting variances to permit the addition of several retaining walls adjacent to existing retaining walls. These new retaining walls will protect the existing retaining walls and phase I fixes installed last fall. These new retaining walls will be constructed of cast concrete block. Examples of the existing retaining walls and proposed aesthetic are included in the applicant’s narrative, attached. Additionally, because the retaining walls are considered hardcover, and with hardcover exceeding 30%, a variance is necessary. The percentage of hardcover is reduced from the current level of 31.9%. VARIANCE REQUEST To (1) construct retaining walls within the City Code required 150’ shore setback and within the 75’ shore impact zone and (2) construct hardcover improvements (retaining walls) increasing the hardcover calculation to 31%, where 30% is the maximum. Project Site Staff Report – Guidarini February 13, 2023 Page 3 3 EVALUATING VARIANCES AGAINST STATUTORY CRITERIA Variances may be granted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Furthermore, variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties, as used in connection with the granting of a variance, means that the property owner proposed to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. 1. Consistency with the Comprehensive Plan The proposed request is not in conflict with the goals and intent of the land use identified in the Comprehensive Plan. The improvement supports the use of the property, which was developed before the Shoreland Overlay District. Granting the variance would not change the residential land use of the property. 2. Harmony with the Purpose and Intent of the Ordinance The intent of the shoreland regulation include goals to preserve and enhance the quality of public waters, conserve the economic and natural environmental values of shorelands. The addition of the retaining walls will not negate these goals. Further, the recommended plantings will soften the hard lines of the retaining walls while protecting the shore. Lastly, the new retaining walls will be further from the OHWL than the existing. 3. Unique Circumstance The existing retaining walls are failing, potentially causing catastrophic damage to the home. This is not known to exist elsewhere in the immediate area. There is no other location on the propoerty to install the proposed improvement that would have the desired effect of stabilizing the retaining walls. 4. Alteration of the Essential Neighborhood Character The new retaining wall will have no impact to the essential character of the neighborhood, though some viewers may perceive the textured concrete as more pleasing to the eye than the existing failing timber walls. Overall, this variance would not alter the essential neighborhood character. 5. Reasonable Use of Property The use of the property is not proposed to change as part of this application. Retaining walls are a permitted use in residential districts. Staff Report – Guidarini February 13, 2023 Page 4 4 STAFF RECOMMENDATION The granting of this variance is in harmony with intent and general purposes of the ordinance and the nature of the variance requested is consistent with the Comprehensive Plan. Staff recommends approval of the following request: 1. Approve Variance Final Order #2023-02 subject to plans revision dated February 8, 2023 and the following conditions, based on the information outlined in the Planning Department Staff Report dated February 13, 2023, including planting plan for buffer area to be approved by the City of Eden Prairie. The Commission may choose from one of the following actions: 1. Approve Final Order #2023-02 as presented. 2. Approve Final Order #2023-02 with modifications. 3. Continue Variance Request #2023-02 for additional information. 4. Deny Final Order #2023-02. Attachments Ex A. Draft Final Order Ex B. Applicants Narrative Ex C. Survey Ex D. Retaining Wall Plans Ex E. Neighbor comments VARIANCE #2023-02 CITY OF EDEN PRAIRIE PLANNING COMMISSION FINAL ORDER #2023-02 APPLICANT: GEOWall Designs, LLC/ o/b/o Robert Guidarini ADDRESS: 7953 South Bay Curve OTHER DESCRIPTION: Lot 14, Block 3, Timber Lakes, Hennepin County, Minnesota VARIANCE REQUEST: To construct a series of retaining walls within the shoreland setback, and to exceed the 30% limit of hardcover on the property within the shoreland overlay district. The Board of Adjustments and Appeals for the City of Eden Prairie at a regular meeting thereof duly considered the above petition and after hearing and examining all of the evidence presented and the file therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (Yes No ). 2. Variance #2023-02 is: _____ granted modified _____ denied 3. Findings and conditions are attached as Exhibit A. 4. This order shall be effective fifteen days after the decision of the Board of Adjustment and Appeals or on February 28, 2023; however, this variance shall expire one year after the date of the approval unless the applicant has commenced the authorized improvements or use or has received an extension of the time period as provided below. The applicant may submit a request for a one-time extension of up to one year from the original expiration date. Said extension shall be requested in writing to the City Planner at least 60 days prior to the expiration of the approval. The requested extension shall be reviewed by the City Planner. If the facts and circumstances under which the original variance was granted have not materially changed, the City Planner may approve the extension. If there has been a material change in circumstance since the granting of the variance, the City Planner shall submit the request for review and consideration by the Board. 5. All Board of Adjustments and Appeals actions are subject to City Council Review. BOARD OF ADJUSTMENTS AND APPEALS N/A = Not Applicable BY:________________________________________________ Planning Commission Chair – Andrew Pieper Date: 02-13-2023 EXHIBIT A – FINDINGS AND CONDITIONS VARIANCE #2023-02 FINDINGS “Practical difficulties” is a legal standard set forth in law that cities must apply when considering applications for variances. It is a three-factor test and applies to all requests for variances. To constitute practical difficulties, all three factors of the test must be satisfied. The three practical difficulties include reasonableness, uniqueness, and maintaining the essential character of the neighborhood. Additionally, the variance must demonstrate harmony with other land use controls. 1. Reasonable use of the property - The first factor is the property owner proposes to use the property in a reasonable manner but cannot do so under the rules of the ordinance. The use of the property is not proposed to change as part of this application. Retaining walls are a permitted use in residential districts. 2. Unique circumstances - The existing retaining walls are failing, potentially causing catastrophic damage to the home. This is not known to exist elsewhere in the immediate area. There is no other location on the propoerty to install the proposed improvement that would have the desired effect of stabilizing the retaining walls. This is a unique circumstance not created by the property owner. 3. Essential character of neighborhood - The third factor is that the variance, if granted, will not alter the essential character of the locality. Under this factor, consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. The new retaining wall will have no impact to the essential character of the neighborhood, though some viewers may perceive the textured concrete as more pleasing to the eye than the existing failing timber walls. Overall, this variance would not alter the essential neighborhood character. The granting of the variance is in harmony with intent and general purposes of the ordinance and the nature of the variance requested is consistent with the comprehensive guide plan. CONDITIONS: • Subject to the information provided in the Staff Report dated February 13, 2023, and plans revision dated February 8, 2023. • Impervious surface on the property shall not exceed 31%. • EXHIBIT B – VARIANCE REQUEST #2023-02 Legal Description: Lot 14, Block 3, TIMBER LAKES, Hennepin County, Minnesota. GeoWall Designs LLC 1548 Cliff Road E Burnsville, MN 55337 952.303.4190 www.geowalldesigns.com GeoWall Designs, LLC▪ (952) 303‐4190 ▪ www.geowalldesigns.com Page 1 12/21/2022 2019.034 Eden Prairie Planning Commission 8080 Mitchell Road Eden Prairie, MN 55344 Project Background GeoWall designs is a consulting engineering firm that has been hired by the owner (“Guidarini”) to provide a retaining wall solution for their existing conditions near the pond offset from Mitchell Lake (See project location below). The property is a single‐family residential home at the address noted above. The backyard of the home has a mix of modular block, timber, and boulder retaining walls. The primary and largest retaining wall is a timber wall that supports a multi‐ level deck system. It appears (and we assume) that the foundation of the home is within the influence zone of the retaining wall. If the retaining wall were to fail, the foundation of the home could be compromised or damaged. The timbers have been deteriorating since the Guidarinis purchased the home. There is a need to reinforce and/or replace the wall to preserve the structural integrity of the home. The Guidarinis are looking for a solution to safely accomplish this without compromising the foundation of the home. Among other things, this precludes simply removing the timber wall and building a new wall on the same footprint. The current timber retaining walls are within the offset buffer required for the shoreline structures by the city of Eden Prairie. In addition, there are several small landscape walls constructed even further into the buffer (closer to the lake) which appear to have been built without permits or notice to the City. All these walls were in place when the Guidarinis purchased the home. GeoWall Designs (“GeoWall”) has provided multiple geometry/revisions to the backyard while attempting to the maximum extent possible to stay within City, watershed, and DNR requirements. However, due to the need to preserve the existing timber wall while at the same time reinforcing it, it will be necessary to construct an additional retaining wall with a footprint that lies within the offset buffer. The final design has been completed with a 2‐phase construction method that (a) in phase 1, secures the timber retaining wall from movement, and (b) in phase 2, adds nail and erosion protection with reinforcement to the timber wall via installation of a block retaining wall immediately in front of the timber wall (permitted separately). The purpose of this application is to request two variances for the installation of the block wall described as phase 2 (above): 1. A variance to allow construction of a block wall up to 60” into the buffer zone as measured from the outer face of the existing timber wall; and 2. A variance to allow the applicant to modify the amount of impermeable surface on the site to the extent of the newly constructed block wall. Without a block wall, the timber wall will continue to deteriorate and require ongoing reinforcement. In other words, for the home to remain in place, it is necessary at some point to construct a reinforcing wall within the buffer zone. The requested variance is based on a design that minimizes incursion into the buffer zone to the extent possible. It also involves permanent removal of the (apparently unpermitted) smaller walls (described above) that further encroach into the buffer zone. In other words, the project, when completed, will reduce the overall total incursion into the buffer zone on this property. Site Design The finalized plan to be built consists of a ground anchor design to secure the currently deteriorating timber retaining wall and limit future movement of the wall (Phase 1). This maintenance operation is to secure the deck structures and house foundation from potential catastrophic movement/collapse in the short term, which creates some time to complete the second phase of the project. The second phase is to (i) remove the smaller retaining walls and various GeoWall Designs LLC 1548 Cliff Road E Burnsville, MN 55337 952.303.4190 www.geowalldesigns.com GeoWall Designs, LLC▪ (952) 303‐4190 ▪ www.geowalldesigns.com Page 2 landscape elements currently located in the buffer zone (apparently built by previous owners without permits or notice to the City) to establish the existing grade above the OHL, and (ii) construct a block retaining wall in front of and adjacent to the existing timber wall to reinforce the wall. The block wall itself will be up to 36” thick, and there will be a layer of gravel between the block wall and the timber wall. All construction operations will take place above the OHL per the plan to be submitted for permitting. This phase of construction will provide an aesthetic for the installed ground anchor design from phase 1, while blending the design from a traditional ground nail install to a gravity wall using a large block retaining wall system as shown on the plans. See the design construction set completed by GeoWall Designs for work to be completed within the structural offset with a variance from the city. Watershed permits have been secured to allow disturbance of the soil in front of the existing timber retaining wall and removal of existing modular block walls that were not properly documented. Variance Considerations The variance requested is limited to adding the newly constructed block wall on the lake side of the existing deteriorating timber wall. This would lie within the buffer zone. The practical difficulty underlying the requested variance has to do with the level of deterioration of the timber wall, coupled with the fact that the timber wall provides support for the foundation of the home. Because the timber wall is necessary to support the foundation, it cannot be simply removed and replace. Because the timber wall is deteriorating, ground anchors will provide temporary reinforcement, but only temporary. The permanent fix is, as noted, gravity wall using a large block retaining wall system with a connection to the ground anchor design. The proposal locates this block in front of the timber retaining wall with minimum offset distance for constructability using the narrowest blocks feasible given the height of the wall and the volume of material it must support. This practical difficulty was not created by the applicant. The system that involves the home’s foundation being supported by the existing timber wall was in place when the applicant purchased the home. The choice to use wood timbers for the wall – which organically deteriorate due to moisture – was also not made by the applicant. It was in place when the applicant purchased the home. The location of the timber wall and other landscaping elements within the buffer zone was in place with the applicant purchased the home. The applicant would reiterate that, as mentioned above, at some point prior to the applicant’s purchase, somebody installed landscaping and smaller retaining walls even closer to the lake, and even further within the buffer zone, apparently without permits. The applicant’s plan involves removing those elements and restoring the lakeshore areas. Thus, although the proposed wall does encroach into the buffer zone beyond the existing timber wall, when the project is completed, the total encroachments into this zone will be less than at present. The finalized plan to be built consists of a ground anchor design to secure the currently deteriorating timber retaining wall and limit future movement of the wall (Phase 1). This maintenance operation is to secure the deck structures and house foundation from potential catastrophic movement/collapse in the short term, which creates some time to complete the second phase of the project. The second phase is to (i) remove the smaller retaining walls and various landscape elements currently located in the buffer zone (apparently built by previous owners without permits or notice to the City) to establish the existing grade above the OHL, and (ii) construct a block retaining wall in front of and adjacent to the existing timber wall to reinforce the wall. We look forward to continuing this project with the support of the planning commission and securing the backyard of the property. Sincerely, Kyle A. Huerd, PE GeoWall Designs LLC President/Owner GeoWall Designs LLC 1548 Cliff Road E Burnsville, MN 55337 952.303.4190 www.geowalldesigns.com GeoWall Designs, LLC▪ (952) 303‐4190 ▪ www.geowalldesigns.com Page 3 Figure 1 ‐ Overall Project Site Location GeoWall Designs LLC 1548 Cliff Road E Burnsville, MN 55337 952.303.4190 www.geowalldesigns.com GeoWall Designs, LLC▪ (952) 303‐4190 ▪ www.geowalldesigns.com Page 4 Figure 2 ‐ Site Location Figure 3 ‐ Deck Movement (2021) GeoWall Designs LLC 1548 Cliff Road E Burnsville, MN 55337 952.303.4190 www.geowalldesigns.com GeoWall Designs, LLC▪ (952) 303‐4190 ▪ www.geowalldesigns.com Page 5 Figure 4 ‐ Deck Movement 2021 Figure 5 ‐ Existing Conditions (East) GeoWall Designs LLC 1548 Cliff Road E Burnsville, MN 55337 952.303.4190 www.geowalldesigns.com GeoWall Designs, LLC▪ (952) 303‐4190 ▪ www.geowalldesigns.com Page 6 Figure 6 ‐ Existing Conditions (South) Figure 7 ‐ Existing Conditions (West) GeoWall Designs LLC 1548 Cliff Road E Burnsville, MN 55337 952.303.4190 www.geowalldesigns.com GeoWall Designs, LLC▪ (952) 303‐4190 ▪ www.geowalldesigns.com Page 7 Figure 8 ‐ Proposed Block Aesthetic Figure 9 ‐ Proposed Block Aesthetic 2 1.Subject property's address is 7953 South Bay Curve, Eden Prairie, its property identification number is 17-116-22-21-0037. 2.The bearing system is based on the Northwesterly line of Lot 14, Block 3, TIMBER LAKES which is assumed to bear North 61 degrees 39 minutes 15 seconds East. 3.Field work was completed 9/26/2019. 4.The building(s) and exterior dimensions of the outside wall at ground level are shown on the survey. It may not be the foundation wall. 5.No specific title search for existence or non-existence of recorded or un-recorded easements has been conducted by the surveyor as a part of this survey. Only easements per the recorded plat are shown. 6.The gross area of the subject property is 0.268 Acres or 11,677 square feet. NOTES Lot 14, Block 3, TIMBER LAKES, Hennepin County, Minnesota PROPERTY DESCRIPTION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. That this survey does not purport to show all improvements, easements or encroachments, to the property except as shown thereon. Signed this 2nd day of October, 2019 Marcus F. Hampton, MN L.S. No. 47481 SURVEYOR'S CERTIFICATE The vertical datum is NAVD88. Benchmark Set iron pipe at most northerly corner of Lot 14, Block 3. Elevation = 896.10 BENCHMARK LEGEND FOUND IRON PIPE SET IRON PIPE AIR CONDITIONER UNIT BOULDER RETAINING WALL CULVERT DRAIN BASIN RIP RAP SURFACE CONCRETE SURFACE PAVER SURFACE 25 0 0 W E S T C . R . 4 2 , S U I T E 1 2 0 , B U R N S V I L L E , M N 5 5 3 3 7 PH O N E : 9 5 2 . 8 9 0 . 6 0 4 4 w w w . j r h i n c . c o m PL A N N E R S / E N G I N E E R S / S U R V E Y O R S 79 5 3 S O U T H B A Y C U R V E ED E N P R A I R I E , M I N N E S O T A CE R T I F I C A T E O F S U R V E Y FO R GE O W A L L D E S I G N S L L C DRAWN BY DATE REVISIONS PLM 10/2/2019 CAD FILE 23695.dwg PRO-ECT NO. 23695 FILE NO. 1-19-048 SHEET 1 OF 1 Ja m e s R . H i l l , I n c . KEYSTONE RETAINING WALL WOOD RETAINING WALL 1548 CLIFF ROAD E, BURNSVILLE, MN 55337 952.303.4190 - WWW.ERS-MIDWEST.COM I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. Kyle A. Huerd, P.E. License No.: 54893 1548 CLIFF ROAD E, BURNSVILLE, MN 55337952.303.4190 WWW.GEOWALLDESIGNS.COM DESIGNS BUIL7 FROM 7+E GROUND U3 NOTE: 1.SITE PLAN IS FOR ILLUSTRATIVE PURPOSES ONLY AND IS TAKEN FROM THE CONTRACT PLANS PREPARED BY JAMES R. HILL, INC LAST DATED 10/2/2019. 2.NORTH ARROW DIRECTION IS APPROXIMATE, REFER TO CONTRACT PLANS FOR ACTUAL HEADING. 3.REFER TO CONTRACT PLANS FOR ALL HORIZONTAL ALIGNMENT AND ACTUAL SITE GEOMETRY. LEGEND: No.Date Revision CheckDesignDrawn Project: Title:THIS DRAWING IS BEING FURNISHED FOR THIS SPECIFIC PROJECT ONLY. ANY PARTY ACCEPTING THIS DOCUMENT DOES SO IN CONFIDENCE AND AGREES THAT IT SHALL NOT BE DUPLICATED IN WHOLE OR IN PART, NOR DISCLOSED TO OTHERS WITHOUT THE CONSENT OF GEOWALL DESIGNS Project No:Date:Scale: GUIDARINI RESIDENCE - PHASE 1 & 2 EDEN PRAIRIE, MN SEGMENTAL RETAINING WALL PLANS © 2021 GeoWall Designs, LLC. Sheet No: 2019.034 15 JUN 2020 RW-3.0 3 21 APR 2021 WATERSHED COMMENTS KHKHKH 4 10 OCT 2021 SITE REDESIGN - WATERSHED SUBMITTAL KHKHKH 5 11 FEB 2022 RPBCWD COMMENTS KHKHKH 6 26 MAY 2022 RELEASE FOR BIDDING KHKHKH 7 26 MAY 2022 RELEASE FOR CONSTRUCTION KHKHKH 8 16 NOV 2022 CONSTRUCTION PHASING & RELEASE FOR CONSTRUCTION KHKHKH 9 16 JAN 2023 VARIANCE REQUIREMENTS - ALL PHASE CONSTRUCTION SET KHKHKH 10 08 FEB 2023 CITY REVIEW COMMENTS KHKHKH EXISTING CONDITIONS Know what's BELOW. CALL before you dig. NORTH 0 40201020 UNITSCALE 1" = 20' PROPOSED TOP OF WALL APPROXIMATE GEOGRID COVERAGE PROPOSED GRADES PROPOSED DRAINAGE PIPES PROPOSED CATCH BASIN EXISTING BOULDER RETAINING WALL (TO REMAIN) EXISTING TIMBER RETAINING WALL (TO BE REMOVED) EROSION OF SHORELINE EXISTING BLOCK WALL (TO BE REMOVED) EXISTING STONE WALL (TO BE REMOVED) DISTRESSED EXISTING TIMBER RETAINING WALL (TO REMAIN) EXISTING BLOCK WALL (TO BE REMOVED) EXISTING BLOCK WALL (TO BE REMOVED AND RELOCATED) STONE RIP RAP EXISTING DECK SHOWING SIGNS OF MOVEMENT (TO REMAIN) EXISTING BLOCK WALL (TO BE REMOVED) 8 7 6 T S 8 9 1 . 5 89 0 8 9 2 89 4 892 8 8 8 8 8 2 8 8 4 87 4 8 8 8 8 7 8 8 8 0 8 8 6 8 8 4 88 2 88 0 8 7 8 876 874 8 7 4 8 7 6 8 8 2 8 7 8 8 8 0 1548 CLIFF ROAD E, BURNSVILLE, MN 55337 952.303.4190 - WWW.ERS-MIDWEST.COM I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. Kyle A. Huerd, P.E. License No.: 54893 1548 CLIFF ROAD E, BURNSVILLE, MN 55337952.303.4190 WWW.GEOWALLDESIGNS.COM DESIGNS BUIL7 FROM 7+E GROUND U3 No.Date Revision CheckDesignDrawn Project: Title:THIS DRAWING IS BEING FURNISHED FOR THIS SPECIFIC PROJECT ONLY. ANY PARTY ACCEPTING THIS DOCUMENT DOES SO IN CONFIDENCE AND AGREES THAT IT SHALL NOT BE DUPLICATED IN WHOLE OR IN PART, NOR DISCLOSED TO OTHERS WITHOUT THE CONSENT OF GEOWALL DESIGNS Project No:Date:Scale: GUIDARINI RESIDENCE - PHASE 1 & 2 EDEN PRAIRIE, MN SEGMENTAL RETAINING WALL PLANS © 2021 GeoWall Designs, LLC. Sheet No: 2019.034 15 JUN 2020 RW-3.1 3 21 APR 2021 WATERSHED COMMENTS KHKHKH 4 10 OCT 2021 SITE REDESIGN - WATERSHED SUBMITTAL KHKHKH 5 11 FEB 2022 RPBCWD COMMENTS KHKHKH 6 26 MAY 2022 RELEASE FOR BIDDING KHKHKH 7 26 MAY 2022 RELEASE FOR CONSTRUCTION KHKHKH 8 16 NOV 2022 CONSTRUCTION PHASING & RELEASE FOR CONSTRUCTION KHKHKH 9 16 JAN 2023 VARIANCE REQUIREMENTS - ALL PHASE CONSTRUCTION SET KHKHKH 10 08 FEB 2023 CITY REVIEW COMMENTS KHKHKH EROSION CONTROL PLAN Know what's BELOW. CALL before you dig. NORTH0 40201020 UNITSCALE 1" = 20' EROSION & SEDIMENT CONTROL GENERAL NOTES: 1.BEST MANAGEMENT PRACTICES (BMP'S) REFER TO EROSION AND SEDIMENT CONTROL PRACTICES DEFINED IN THE MPCA PROTECTING WATER QUALITY IN URBAN AREAS AND THE MINNESOTA CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL PLANNING HANDBOOK. 2.ALL WORK AND MATERIALS SHALL BE CONSTRUCTED ACCORDING TO THE APPROVED PLANS. ANY DEVIATION FROM THE APPROVED PLANS SHALL REQUIRE WRITTEN APPROVAL FROM THE ENGINEER OF RECORD. 3.WHEREVER POSSIBLE, PRESERVE THE EXISTING TREES, GRASS AND OTHER VEGETATIVE COVER TO HELP FILTER RUNOFF. 4.ALL EROSION AND SEDIMENT CONTROL FACILITIES (BMP'S) SHALL BE INSTALLED AND IN OPERATION PRIOR TO LAND DISTURBANCE ACTIVITIES AND THEY SHALL BE SATISFACTORILY MAINTAINED UNTIL CONSTRUCTION IS COMPLETED AND THE POTENTIAL FOR EROSION HAS PASSED. 5.SILT FENCE OR TEMPORARY BIO LOGS ARE REQUIRED AT DOWN GRADIENT PERIMETER OF DISTURBED AREAS AND STOCKPILES. PROTECT WETLANDS, WATERCOURSES AND ADJACENT PROPERTIES FROM SEDIMENTATION AND STORMWATER RUNOFF. 6.THE BMP'S SHOWN ON THE PLANS ARE THE MINIMUM REQUIREMENTS FOR THE ANTICIPATED SITE CONDITIONS. AS CONSTRUCTION PROGRESSES AND UNEXPECTED OR SEASONAL CONDITIONS DICTATE, THE CONTRACTOR SHALL ANTICIPATE THAT MORE BMP'S WILL BE NECESSARY TO ENSURE EROSION AND SEDIMENT CONTROL ON THE SITE DURING THE COURSE OF CONSTRUCTION. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO ADDRESS ANY NEW CONDITIONS THAT MAY BE CREATED BY CONSTRUCTION ACTIVITIES AND/OR CLIMATIC EVENTS. 7.LAND DISTURBING ACTIVITIES SHALL OCCUR IN INCREMENTS OF WORKABLE SIZE SUCH THAT ADEQUATE BMP CONTROL CAN BE PROVIDED THROUGHOUT ALL PHASES OF CONSTRUCTION. 8.GENERAL TEMPORARY SEED SHALL BE MNDOT MIX 22-112 @ 100 LBS. PER ACRE OR APPROVED EQUAL. PERMANENT SEED SHALL BE MNDOT MIX 25-151 @ 120 LBS. PER ACRE OR APPROVED EQUAL. MULCH SHALL BE MNDOT TYPE 1 (CLEAN OAT STRAW) @ 2 TONS PER ACRE AND DISK ANCHORED IN PLACE OR APPROVED EQUAL. 9.ROCK ENTRANCE (SEE 10/RW5.2) MUST BE IN PLACE TO MINIMIZE TRACK OUT OF SEDIMENT FROM THE CONSTRUCTION. STREETS MUST BE CLEANED IF TRACKING PRACTICES ARE NOT ADEQUATE. TOP OF WALL MAJOR CONTOUR LINE MINOR CONTOUR LINE SILT FENCE DOUBLE SILT FENCE INSTALLED PER 10/RW6.2 POLLUTION PREVENTION MANAGEMENT MEASURES: THE CONTRACTOR SHALL IMPLEMENT THE FOLLOWING POLLUTION PREVENTION MANAGEMENT MEASURES ON THE SITE: 1.SOLID WASTE: COLLECTED SEDIMENT, ASPHALT AND CONCRETE MILLINGS, FLOATING DEBRIS, PAPER, PLASTIC, FABRIC, CONSTRUCTION AND DEMOLITION DEBRIS AND OTHER WASTES MUST BE DISPOSED OF PROPERLY AND MUST COMPLY WITH MPCA DISPOSAL REQUIREMENTS. 2.HAZARDOUS MATERIAL: OIL, GASOLINE, FUEL, PAINT AND ANY HAZARDOUS SUBSTANCES MUST BE PROPERLY STORED, INCLUDING SECONDARY CONTAINMENT, TO PREVENT SPILLS, LEAKS OR OTHER DISCHARGE. RESTRICTED ACCESS TO STORAGE AREAS MUST BE PROVIDED TO PREVENT VANDALISM. STORAGE AND DISPOSAL OF HAZARDOUS WASTE MUST BE IN COMPLIANCE WITH MPCA REGULATIONS. 3.EXTERNAL WASHING OF TRUCKS AND OTHER CONSTRUCTION VEHICLES MUST BE LIMITED TO A DEFINED AREA OF THE SITE. RUNOFF MUST BE CONTAINED AND WASTE PROPERLY DISPOSED OF. OHW LOCATED AT 872.07 PER DNR RPBCWD NOTES: THE CONTRACTOR SHALL IMPLEMENT THE FOLLOWING POLLUTION PREVENTION MANAGEMENT MEASURES ON THE SITE: 1.NATURAL TOPOGRAPHY AND SOIL CONDITIONS MUST BE PROTECTED, INCLUDING RETENTION ONSITE OF NATIVE TOPSOIL TO THE GREATEST EXTENT POSSIBLE. 2.ADDITIONAL MEASURES, SUCH AS HYDRAULIC MULCHING AND OTHER PRACTICES AS SPECIFIED BY THE DISTRICT MUST BE USED ON SLOPES OF 3:1 (H:V) OR STEEPER TO PROVIDE ADEQUATE STABILIZATION. 3.FINAL SITE STABILIZATION MEASURES MUST SPECIFY THAT AT LEAST SIX (6) INCHES OF TOPSOIL OR ORGANIC MATTER BE SPREAD AND INCORPORATED INTO THE UNDERLYING SOIL DURING FINAL SITE TREATMENT WHEREVER TOPSOIL HAS BEEN REMOVED. 4.CONSTRUCTION SITE WASTE SUCH AS DISCARDED BUILDING MATERIALS, CONCRETE TRUCK WASHOUT, CHEMICALS, LITTER AND SANITARY WASTE MUST BE PROPERLY MANAGED. 5.ALL DISTURBED AREAS MUST BE STABILIZED WITHIN 7 CALENDAR DAYS AFTER LAND-DISTURBING WORK HAS TEMPORARILY OR PERMANENTLY CEASED ON A PROPERTY THAT DRAINS TO AN IMPAIRED WATER. 6.THE PERMITTEE MUST INSPECT ALL EROSION PREVENTION AND SEDIMENT CONTROL FACILITIES AND SOIL STABILIZATION MEASURES TO ENSURE INTEGRITY AND EFFECTIVENESS. THE PERMITTEE MUST REPAIR, REPLACE OR SUPPLEMENT ALL NONFUNCTIONAL BMPs WITH FUNCTION BMPs WITHIN 48 HOURS OF DISCOVERY AND PRIOR TO THE NEXT PRECIPITATION EVENT UNLESS ADVERSE CONDITIONS PRECLUDE ACCESS TO THE RELEVANT AREA OF THE SITE, IN WHICH CASE THE REPAIR MUST BE COMPLETED AS SOON AS CONDITIONS ALLOW. WHEN ACTIVE LAND-DISTURBING ACTIVITIES ARE NOT UNDER WAY, THE PERMITTEE MUST PERFORM THESE RESPONSIBILITIES AT LEAST WEEKLY UNTIL VEGETATIVE COVER IS ESTABLISHED. THE PERMITTEE WILL MAINTAIN A LOG OF ACTIVITIES UNDER THIS SECTION FOR INSPECTION BY THE DISTRICT ON REQUEST. 7.SOIL SURFACES COMPACTED DURING CONSTRUCTION AND REMAINING PERVIOUS UPON COMPLETION OF CONSTRUCTION MUST BE DECOMPACTED TO ACHIEVE: 1) A SOIL COMPACTION TESTING PRESSURE OF LESS THAN 1,400 KILOPASCALS OR 200 POUNDS PER SQUARE INCH IN THE UPPER 12 INCHES OF SOIL OR 2) A BULK DENSITY OF LESS THAN 1.4 GRAMS PER CUBIC CENTIMETER OF 87 POUNDS PER CUBIC FOOT IN THE UPPER 12 INCHES OF SOIL. IN ADDITION, UTILITIES, TREE ROOTS AND OTHER EXISTING VEGETATION MUST BE PROTECTED UNTIL FINAL REVEGETATION OR OTHER STABILIZATION OF THE SITE. EROSION AND CONTROL REPRESENTATIVE: THE CONTRACTOR FOR THE PROJECT SHALL BE RESPONSIBLE OF EROSION CONTROL THROUGHOUT THE CONSTRUCTION PHASE OF THE PROJECT AS DEFINED ON RW-1.0 AND NOTE 1 UNDER RPBCWD NOTES ABOVE. CONTRACTOR COMPANY: FINAL FLIGHT LANDSCAPING CONTRACTOR CONTACT PERSON: JOSH ARENDT CONTRACTOR ADDRESS: UNKNOWN CONTRACTOR PHONE: 651.707.2860 FLOATING SILT CURTAIN AS NECESSARY FOR WATERSHED DISTRICT PER 14/RW6.2 FUTURE PLANTING AREA FOR NATIVE PLANT GROWTH AND EROSION PREVENTION 87 6 T S 8 9 1 . 5 8 9 0 8 9 2 89 4 892 8 8 8 8 8 2 8 8 4 8 7 4 8 8 8 8 7 8 TW = 888.5 BW = 876.0 8 8 0 88 6 88 4 88 2 88 0 8 7 8 876 874 8 7 4 TW = 888 BW = 887 TW = 888.5 BW = 875.0 TW = 888.5 BW = 875.0 TW = 888.5 BW = 874.0 TW = 888.5 BW = 880.0 TW = 888.0BW = 887.5 R W - 5 . 0 A - A RW - 5 . 0 A - A 1548 CLIFF ROAD E, BURNSVILLE, MN 55337 952.303.4190 - WWW.ERS-MIDWEST.COM I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. Kyle A. Huerd, P.E. License No.: 54893 1548 CLIFF ROAD E, BURNSVILLE, MN 55337952.303.4190 WWW.GEOWALLDESIGNS.COM DESIGNS BUIL7 FROM 7+E GROUND U3 NOTE: 1.SITE PLAN IS FOR ILLUSTRATIVE PURPOSES ONLY AND IS TAKEN FROM THE CONTRACT PLANS PREPARED BY JAMES R. HILL, INC LAST DATED 10/2/2019. 2.NORTH ARROW DIRECTION IS APPROXIMATE, REFER TO CONTRACT PLANS FOR ACTUAL HEADING. 3.REFER TO CONTRACT PLANS FOR ALL HORIZONTAL ALIGNMENT AND ACTUAL SITE GEOMETRY. 4.CONSTRUCTION SHALL NOT TAKE PLACED CLOSER THAN THE LIMITS AS SHOWN HEREIN. SILT FENCE INSTALLATION SHALL TAKE PLACE LANDWARD OF THE OWL AS SHOWN ON RW-3.1 LEGEND: No.Date Revision CheckDesignDrawn Project: Title:THIS DRAWING IS BEING FURNISHED FOR THIS SPECIFIC PROJECT ONLY. ANY PARTY ACCEPTING THIS DOCUMENT DOES SO IN CONFIDENCE AND AGREES THAT IT SHALL NOT BE DUPLICATED IN WHOLE OR IN PART, NOR DISCLOSED TO OTHERS WITHOUT THE CONSENT OF GEOWALL DESIGNS Project No:Date:Scale: GUIDARINI RESIDENCE - PHASE 1 & 2 EDEN PRAIRIE, MN SEGMENTAL RETAINING WALL PLANS © 2021 GeoWall Designs, LLC. Sheet No: 2019.034 15 JUN 2020 RW-3.2 3 21 APR 2021 WATERSHED COMMENTS KHKHKH 4 10 OCT 2021 SITE REDESIGN - WATERSHED SUBMITTAL KHKHKH 5 11 FEB 2022 RPBCWD COMMENTS KHKHKH 6 26 MAY 2022 RELEASE FOR BIDDING KHKHKH 7 26 MAY 2022 RELEASE FOR CONSTRUCTION KHKHKH 8 16 NOV 2022 CONSTRUCTION PHASING & RELEASE FOR CONSTRUCTION KHKHKH 9 16 JAN 2023 VARIANCE REQUIREMENTS - ALL PHASE CONSTRUCTION SET KHKHKH 10 08 FEB 2023 CITY REVIEW COMMENTS KHKHKH WALL LOCATION PLAN VIEW Know what's BELOW. CALL before you dig. NORTH 0 40201020 UNITSCALE 1" = 20' PROPOSED TOP OF WALL APPROXIMATE GEOGRID COVERAGE SECONDARY GRADE LINES MAJOR GRADE LINES BOULDER WALL TO BE PLACED TO ALLOW GRADING TO NEIGHBORING PROPERTY MATCH EXISTING GRADES AT NEIGHBORS LOT - CONTRACTOR TO FIELD FIT PROPOSED RETAINING WALL WITH GROUND ANCHORS EXISTING TIMBER RETAINING WALL TO REMAIN NEIGHBORS WALL TO BE DISMANTLED AND REBUILT ON PROPERTY LINE GRADING TO MATCH ADJACENT PROPERTY - CONTRACTOR TO FIELD FIT EXISTING DOCK TO BE MODIFIED FOR ACCESS TO FINISHED GRADE LIMITS OF CONSTRUCTION PROPOSED STAIRS TO BE NATURAL STONE STEPPER UNITS 6" X 48" (MAX) PROPOSED STAIRS TO BE NATURAL STONE STEPPER UNITS 6" X 48" PROPOSED MODULAR BLOCK WALL EXISTING HOT TUB TO REMAIN GEOGRID TO BE CUT AT FACE OF TIMBERWALL IMPERVIOUS SURFACE CALCULATION ESTIMATED EXISTING AREA = 3723 SF SURVEY BY JAMES R. HILL = 11677 SF EXISTING IMPERVIOUS = 31.88% POST RW CONSTRUCTION = 3619 SF POST RW IMPERVIOUS = 30.99% APPROXIMATED DOWNSPOUT LOCATION APPROXIMATED WALL DRAIN OUTLET Internal Guidarini Variance Variance requests: 1.To construct retaining walls within the City Code required 150’shore setback andwithinthe75’shore impact zone. 2.Construct hardcover improvements (retaining walls)reducing the hardcovercalculationto31%from the current calculated 32%,where 30%is the maximum. Internal Property and Owner Information •Resident of Eden Prairie for 23 years. •Single-family house with timber retaining wall was built in 1986 and was purchased by the Guidarini family in July of 2013 •Started working with GeoWall Designs in May of 2019 to determine engineering requirements, geo and land surveys to produce a design that can be implemented within the small confines of the property. •From 2019 to today we have worked with RPCWD, DNR, and the City of Eden Prairie in a collaboration to meet the requirements and regulations to build the new retaining wall. Internal Internal Wall Complexities •After performing Geo Drilling on the property, the soil makeup was found to have a very high sand content making the removal of the existing wall for replacement an impossible option. •The use of gravity walls was not an option as it would impede on the water line and occupy additional shoreline. •Timber wall has been moving, bulging and separating at the joints and is in immediate need for reinforcement. The lower deck has started to move away from the house as a result of the wall degradation. •With limited space for access, equipment, and materials the right contractor had to be found that can work within the confined space. Internal Current Property Redlines highlight existing walls that will be removed Internal The Solution •Soil anchors were determined to be the only solution to securing the existing wall and building a new supporting wall in front of the existing timber wall. •Normal big blocks are 24” deep. We have been working with manufactures to produce big blocks with an approximate 12” depth that can still comply with engineering requirements and reduce the impervious surface calculation. •Removal of the lower garden walls will allow the new wall to be built further from the OHWL increasing the size of the shoreland. •Final drawings have been the result of numerous revisions and years of discussions with the watershed district and the city. Internal New walls at completion of project Internal Benefits of this project tied to Variance •By eliminating the lower garden wall, we will be creating a larger setback between the wall and the water line. •This project will reduce the impervious surface from 31.88% down to 30.99% bringing to <1% disparity of the city limit for lakeshore property. •Restoring some of the beach with native plants. •Return of stability to home and upper and lower deck. Internal Images of blocks to be used Internal Soil Anchors used to minimize shoreline usage