02-21-2023 Planning Commission Packet

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7315 A RESOLUTION APPROVING AN EMERGENCY SLOPE REPAIR PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-1726 WHEREAS, on November 11, 2022, Josh Prust with Valdes Lawn and Snow (hereinafter the "Applicant"), applied for authorization to proceed with an emergency repair of the lake slope pursuant to City Code 78-1726, on property addressed 2815 Casco Point Road and legally described as: All that part of Lot 120 Spring Park, and all the Unplatted land and that portion of Lake Shore Avenue vacated, lying between Lot 120 of Spring Park and the side lines of said Lot projected to Lake Minnetonka, which lies northwesterly of a line running parallel with and five feet northwesterly from the southeasterly line of said Lot and the extension thereof, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicant submitted documentation from a licensed professional engineer which indicates that failure of the current lake yard slope and the existing retaining walls on the Property is imminent; and WHEREAS, the Applicant has made a request to the City of Orono for an emergency slope repair pursuant to Orono Municipal Zoning Code Section 78-1726; and WHEREAS, on November 22, 2022, a corrective restoration plan was provided by the Applicant's licensed professional engineer to reinforce the vulnerable slope; and WHEREAS, the engineered plans propose construction of an additional ± 2 foot tall wall at the top of the slope within the 75' setback from the ordinary high water level (hereinafter the "OHWL") of Lake Minnetonka where no walls are permitted and existing walls are at risk of failure; and WHEREAS, due to their design and proximity to the OHWL the new retaining walls will require a setback variance from City Code section 78-1279; and WHEREAS, on November 28, 2022, the City Council reviewed the request, the engineered plans, and the recommendations of the City staff; and