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AGENDA ITEM <br /> <br />Prepared By: L. Oakden Reviewed By: A. Carlson Approved By <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1. Purpose. To adopt resolution approving an emergency repair of a lake slope. <br /> <br />2. Background. A variance application was submitted on June 22, 2022 to repair a retaining wall at <br />1354 Rest Point Circle. The repair for the walls indicate a footprint expansion to support the slope of the <br />lakeyard leaving the existing walls in place. A soils engineer provided documentation showing the slope <br />failure is imminent and needs an emergency fix. <br /> <br />The city code section 78-1726 (6) Emergency repair exception. Slope failures have a direct impact on <br />the health and welfare of Orono residents, and timely response to such events is important to the <br />protection of natural resources and private property. Therefore, the city engineer may declare grading <br />and/or export/import activities in the Lake yard exceeding the limits above as emergency repair and <br />forward such application to the city council for immediate review. Emergency repair shall be defined <br />for the purposes of this article as the activities necessary to stabilize a failing slope, or prevent the <br />imminent failure of a slope, in the opinion of the city engineer. <br /> <br />The recommended correction for this slope failure is to construct new walls in front of the existing failing <br />walls. A building permit and variance is required to allow a new footprint expansion of a retaining wall <br />within the lakeyard <br /> <br />3. Engineer Comments. <br />a. This Application: The applicant has provided a letter from a licensed engineer, Ronald Vickery, <br />with the assessment that a slope failure is imminent. Further the same engineer has provided a plan for <br />stabilizing the slope using retaining wall in front of the failing existing walls and installing soil anchors. I <br />believe the proposed fix does address the potential slope failure. In this particular instance the proposed <br />emergency repair appears to also be the proposed permanent repair. Therefore my recommendation for <br />council to authorize the emergency repair in a timely manner but is not a recommendation to forgo the <br />normal requirements associated with improvements in the lakeyard / 75foot setback for the permanent <br />structure which should still follow. <br />b. Code Section 78-1726 (6). To my knowledge this is the first time this code section has been <br />invoked since it was added several years ago. This application is a good test case for the ordinance and <br />while I believe meets the intent of the code section, it does identify a potential need for a code amendment <br />to provide better clarity and links to other sections of code. The portion of code this emergency repairs <br />exception is in deals with grade alterations but does not specifically include structures within the lake <br />yard. Most of the best practices for providing emergency slope stabilization involve some sort of <br />structure. I recommend the city review this section of code to specifically acknowledge the use of <br />structures for emergency slope repairs. <br /> <br />4. Staff Recommendation. Staff recommends approval of the resolution to allow the contractor to <br />proceed with for the emergency slope failure as designed. <br /> <br />COUNCIL ACTION REQUESTED <br />Motion to approve the attached resolution <br />Item No.: 10 Date: June 27, 2022 <br />Item Description: 1354 Rest Point Cir, Dennis Walsh, Emergency Slope Failure – <br />Resolution No. 7273 <br />Presenter: Laura Oakden <br />Interim Community Development <br />Director <br />Agenda <br />Section: <br />Community <br />Development Report