11-28-2022 Council Packet - Laserfiche WebLink

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Prepared By: mcc Reviewed By: LLO Approved By 1.Purpose. To adopt resolution approving an emergency repair of a lake slope. 2.Background. In July of 2022 the lake slope walls, deck and stair to the lake were destroyed by fire. The property owner’s representative submitted a building permit application to repair the walls in-kind. During the installation of the walls, staff observed that the construction expanded beyond the in-kind limitations in the wall lengths and some of the wall locations. As a result, on October 28th a Stop Work Order was issued. The contractor was directed to fill in, compact, and secure the open areas with erosion control blankets staked into the ground or other appropriate stabilization measures. Because the work was halted prior to completion, the owner is requesting permission to install a final wall at the top of the slope which their engineer has determined to be necessary to protect the integrity of the slope. The owner will be submitting an after-the-fact variance application to address the wall footprint expansions in the lake yard. Until that time, their engineer has provided documentation showing the slope failure is imminent and needs an emergency corrections. City Code Section 78-1726 (6) states: Emergency repair exception. Slope failures have a direct impact on the health and welfare of Orono residents, and timely response to such events is important to the protection of natural resources and private property. Therefore, the city engineer may declare grading and/or export/import activities in the Lake yard exceeding the limits above as emergency repair and forward such application to the city council for immediate review. Emergency repair shall be defined for the purposes of this article as the activities necessary to stabilize a failing slope, or prevent the imminent failure of a slope, in the opinion of the city engineer. The recommended correction for this slope failure is to construct one additional new wall at the top of the slope (Exhibit B). The owner understands that, if approved, this correction may be temporary as the after- the-fact variance to permit the new expanded walls within the 75-foot lake yard has not been approved. 3.Engineer Comments – Adam Edwards. a.The applicant has provided a letter from a licensed engineer, Paul Schimnowski, P.E., with the assessment that a slope failure is imminent. Further, the same engineer has provided a plan for stabilizing the upper slope using a retaining wall. I believe the proposed fix does address any potential slope failure. Therefore my recommendation is for council to authorize the emergency repair in order to stabilize the slope for the winter. b. I do not recommend the City forgo the normal requirements associated with improvements in the lake yard / 75foot setback for a permanent solution. The unstable slope conditions appear to be the result of the construction methods employed and the deviations from the approved retaining wall design and site plan from permit RAS22-000082. Item No.: 19 Date: November 28, 2022 Item Description: 2815 Casco Point Road, Valdes o/b/o Lisa Thostensen, Emergency Slope Repair – Resolution No. 7315 Presenter: Melanie Curtis Planner Agenda Section: Community Development Report