09-24-2001 Council Packet - Laserfiche WebLink

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Hardship Explanation for property at 700 Tonkawa Rd. Orono, MN Owners: Ted and Jody Spooner This property has an approximate 20% to 30% continuously sloping grade from the street until the steeper pitch 75 feel to the lake. Water runoff during rainstorms goes down the property grade to the lake with erosion supposedly slowed by retaining walls. The runoff problem is accentuated as the adjacent house to the north, when remodeled, was built on a higher land grade causing their roof and land water runoff to drain directly onto our lower property. The steeper land pitch to the lake originally had multilevel creosote railroad tie retaining walls with concrete and railroad tie stairs. Over the years, the retaining walls had caved, rotted, and fallen apart. Soil washed over and through the walls. During significant rainstorms, water running down the property grade caused washout of dirt, debris, and creosote (an environmental poison) through the dilapidated railroad tie retaining walls to the lakeshore. The steps had become pitched toward the lake and dangerous, resulting in numerous falls of both children and adults. The initial steeper pitch beginning at 75 feet from the lakeshore presently has no stairs and is difficult to negotiate safely. This is a problem for older people who are walking down to the lake. We have been concerned about personal injury. For environmental and safety reasons, we took steps to correct the problems with the original stairway and retaining walls. The creosote railroad ties were completely removed and disposed of as hazardous waste. The retaining walls were rebuilt with permanent boulder walls with silt barriers and a stone stairway. Neither our landscape contractor nor we were aware that a variance was required to remove and rebuild an existing retaining wall. When we learned this, construction was stopped and the upper stairway was not completed. For safety reasons, we would like to finish the extended stairway on the initial steeper pitch. This is shown on the survey as “proposed steps”. The previously existing hardcover from 0-75 feet prior to rebuilding the wall was 350 sf After rebuilding the walls and stairway (without additional “proposed steps”) the hardcover is 490 sf. If the “proposed steps” are accepted, the final proposed hardcover from 0-75 feet would be 538 sf. ^; i(f