11-14-2022 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 11,2022 6:00 o'clock p.m. Crosby moved,Johnson seconded,to approve the Big Island Dock License Request as drafted. VOTE: Ayes 3,Nays 0. 15. LA21-000076—YARDSCAPES,INC. O/B/O LINCOLN DANFORTH, 1720 BOHNS POINT ROAD,REQUESTS,VARIANCES City Planner Oakden gave a presentation and stated the Applicant is proposing to replace the concrete block retaining wall within the 75 foot lakeyard setback. The property abuts Lake Minnetonka with a large slope along the shoreline.The City Council reviewed the application at the March 14,2022 meeting and gave the Applicant direction to follow the same footprint as the existing retaining wall and to work to bring the project closer to an in-kind replacement.The Applicant amended their original plans to follow the existing wall footprint.The existing wall is constructed of concrete block and the new walls are proposed to be constructed from boulders.By their nature,the boulders create a larger footprint then the existing concrete block creating a new expansion in the 75' lakeyard.A variance is required because of the sizing of the boulder material. Staff recommends approval of the variance as revised. The Applicant shared that he inherited the retaining wall,it is deteriorating, and is likely to collapse into the lake.He submitted photos to the Staff showing the mortar joints are falling apart and some of the blocks are starting to degrade. The reason they would like to use the boulders is because the adjoining property already has this form of boulder wall and it would have a homogenous,natural look. Mayor Walsh shared he does not see a practical difficulty and without that,one cannot get a variance.He has been out to the site and does not see any evidence of the wall failing. He would like to see evidence from the Applicant or an engineer's report.Mayor Walsh noted they have told everyone who comes before the City Council wanting additional square footage that the answer is no unless there is a real practical difficulty. The Applicant stated there is a very loose-fashioned footing with a trench that the wall was built upon.He noted he can get an engineer to come in and talk about the likelihood of the wall failing. Mayor Walsh would like to try to find a solution and work with the Applicant;however,the City Council has told others no in some very dire circumstances. He noted the City Attorney will tell him they must have a practical difficulty to give a variance and the City can be sued if they do not have something that is true and accurate.Mayor Walsh wants to help the Applicant get where he needs to go and is trying to help him because there is no visual evidence that the wall is going to fall over. Johnson suggested getting an engineer to look at it and then presenting the findings to the City Council. Attorney Mattick stated the City Council must vote yes or no by May 18 as that is the timeline for the 120 days. If the Applicant is working with an engineer they can email Ms. Oakden to get an extension. Johnson moved,Crosby seconded,to table LA21-000076 until the May 9,2022 City Council meeting.VOTE: Ayes 3,Nays 0. 15. LA22-000001 TIM& LESLIE OARE AND JOHN& MICHELE ABBOTT,2967 CASCO POINT ROAD(OARE)& 2941 CASCO POINT ROAD(ABBOTT)VARIANCES AND CONDITIONAL USE PERMIT Page 6 of 9