08-08-2022 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 18, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ 3. LA22-000038 DENNIS WALSH, 1354 REST POINT CIRCLE, REQUESTS VARIANCE FOR LAKEYARD SETBACKS TO REPLACE FAILING RETAINING WALLS AND THE LAKE ACCESS STAIR SYSTEM. (STAFF: LAURA OAKDEN) Denny Walsh, Applicant, was present. City Planner Oakden gave a presentation on the item, noting the Applicant has requested a variance to construct a new retaining wall with a minor footprint expansion within the lakeyard setback. The property has an existing timber retaining wall which has been deemed as failing. Pursuant to City Code 78- 1726(6), an emergency slope repair request was approved at the City Council on June 27, 2022 as the Applicant and an engineer showed that failure of the wall was an imminent threat to the slope. The Applicant has proposed to construct a new retaining wall directly in front of the existing retaining wall which is one foot wide and directionally bore anchors through the existing wall to hold it in place. The existing wall will stay in place with a new wall built directly in front of it. The repair creates a new footprint expansion within the 75 foot lakeyard. The engineer provided drawings and an analysis stating a slope failure is imminent without this proposed project. The Applicant was issued a building permit on July 7 and the project is shown to cross the property boundary onto 1366 Rest Point Circle; the owners of 1366 Rest Point Circle provided an email stating approval for the work that crosses the property boundary. Staff finds the existing condition of the retaining wall, the hill, and the slope with imminent failure are practical difficulties which support this variance request. Staff would like to hear comment on screening of those walls to protect the natural vegetative view if possible. Denny Walsh, 1354 Rest Point Circle, noted the retaining wall is 6-7 feet tall and 12 feet wide that is 40- 50 year old timbers that are failing. The hill has shifted so the wall looks “pregnant” and they cannot take it down or the hill will fall down. Therefore they must build a wall in front of the wall infilled with sand, rock, and anchors to keep the hill intact. Chair McCutcheon opened the public hearing at 6:39 p.m. There were no public comments. Chair McCutcheon closed the public hearing at 6:39 p.m. The Commissioners discussed the item. Libby noted he is not a structural engineer but is very familiar with this methodology of reinforcing walls. He has had clients with similar circumstances on Eagle Bluff and this method is very practical and minimizes the movement or potential encroachment into the lakeshore. He is in favor of this application. Kirchner is also in favor, noting one is allowed to maintain a wall that is existing an in place. He thinks it is incumbent for the Commissioners to note that 40 years later engineering and technology has evolved and changed and this is, in a way, maintenance of the wall that is there. He does not think it is egregious in any way. Chair McCutcheon agrees, with the wall bowing already it needs to be done and this seems to be a conservative approach.