10-23-2001 BA MIN - Laserfiche WebLink

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• Chair Pederson opened the public hearing. Mike Jones,applicant,reviewed the letter he received from NSP. He stated that the City was given the letter and approved a building permit for the house. Mr.Jones explained that he currently does not have a water problem and he felt that a retaining wall would create one. He questioned why the City issued a building permit when they were aware of NSP's restrictions. Commissioner Baker asked Mr.Jones to explain where the retaining wall would go. Mr. Jones showed where the wall would be if it were placed 5 feet into the easement. Mr.Jones felt that he should not have been issued a building permit and he would have chosen a different lot if he would have known the retaining wall would be a problem. Commissioner Franz asked if Mr.Jones has approached NSP to ask if they would consider allowing the retaining wall further into the easement. Mr.Jones stated that he has not asked and he did not feel he should have to. City Engineer Terry Maurer explained how the retaining wall could be built so that it would not create a water problem. Chair Pederson asked if the temporary Certificate of Occupancy (C.O.) stated that the retaining wall was required. Ms.McPherson stated that the retaining wall and final grade were listed on the temporary C.O. as conditions for the final C.O. Mr.Jones stated that he felt that nothing would stop water from coming over the retaining • wall. He stated that the landscaping company he consulted does work for MN/DOT and they are confident the erosion control blanket and seeding will work to control erosion. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Franz stated that he felt the ordinance was clear on this issue. He asked if the problem could have been foreseen. City Engineer Terry Maurer stated that it is not common to require installation of a retaining wall as a condition of the Certificate of Occupancy, which makes it clear this was an unusual circumstance. Commissioner Baker felt the request is not supported by Items 1 through 4 in the findings for granting a variance. He stated that the applicant was made aware that a retaining wall was required. He felt the issue was who is responsible for the dilemma in placement of the retaining wall. Chair Pederson asked Mr.Maurer to describe an erosion control blanket. Mr.Maurer stated that there are over 100 types of erosion control blankets and that they basically all let water run through them and seed to grow up through them. Mr.Maurer felt that the seed mix Mr. Jones was referring to is a"ditch mix" that MN/DOT uses. Chair Pederson felt that the letter from NSP and the bank escrow support the fact that Mr. Jones was aware that a retaining wall was required. He felt that the photographs show that erosion is already occurring. Chair Pederson agreed that the findings for granting a variance cannot be met and could not support approval of the variance. •