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Council removes gutter condition from lakeshore variance after staff, DNR and planning commission review
Summary
The council amended a 2018 variance for 29915 Neil Avenue to remove a prior condition requiring gutters and instead require maintenance of the property's rock landscaping; staff said DNR had no concerns and the planning commission recommended approval.
The council approved an amendment to a previously granted variance for 29915 Neil Avenue that removes a condition requiring gutters on the house and replaces it with a condition to maintain the rock landscaping that staff says is effectively managing stormwater.
Staff explained the earlier variance allowed an increased impervious surface but required pervious pavers and landscaping as mitigation; a condition requiring gutters was added in the minutes at the time of approval but is not reflected in staff or planning-commission notes. The homeowner installed the pervious materials but not gutters, and a recent inspection prompted the amendment request. Staff said engineering review and Minnesota Department of Natural Resources consultation found the pavers and landscaping actually improve runoff relative to a standard impervious/ pervious assumption and that DNR "had no problems with taking this approach either." Planning commission recommended approval and staff prepared a resolution to amend the variance.
Council discussion centered on process and precedent; one council member cautioned about consistency in handling variances so the city does not appear to make ad-hoc exceptions. The council moved and unanimously approved Resolution 20240918-02 amending the variance and replacing the gutter requirement with a maintenance finding for the landscaping.
