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02-21-2023 Planning Commission Packet
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02-21-2023 Planning Commission Packet
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PC Exhibit J
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Item No.: 19 <br />Date: November 28, 2022 <br />Item Description: 2815 Casco Point Road, Valdes olblo Lisa Thostensen, <br />Emergency Slope Repair — Resolution No. 7315 <br />Presenter: Melanie Curtis Agenda Community Development <br />Planner Section:. Report <br />1. Purpose. To adopt resolution approving an emergency repair of a lake slope. <br />2. Background. In July of 2022 the lake slope walls, deck and stair to the lake were destroyed by fire. <br />The property owner's representative submitted a building permit application to repair the walls in-kind. <br />During the installation of the walls, staff observed that the construction expanded beyond the in-kind <br />limitations in the wall lengths and some of the wall locations. As a result, on October 28'h a Stop Work <br />Order was issued. The contractor was directed to fill in, compact, and secure the open areas with erosion <br />control blankets staked into the ground or other appropriate stabilization measures. Because the work was <br />halted prior to completion, the owner is requesting permission to install a final wall at the top of the slope <br />which their engineer has determined to be necessary to protect the integrity of the slope. <br />The owner will be submitting an after -the -fact variance application to address the wall footprint <br />expansions in the lake yard. Until that time, their engineer has provided documentation showing the slope <br />failure is imminent and needs an emergency corrections. <br />City Code Section 78-1726 (6) states: Emergency repair exception. Slope failures have a direct impact <br />on the health and welfare of Orono residents, and timely response to such events is important to the <br />protection of natural resources and private property. Therefore, the city engineer may declare grading <br />andlor exportlimport activities in the Lake yard exceeding the limits above as emergency repair and <br />forward such application to the city council for immediate review. Emergency repair shall be defined <br />for the purposes of this article as the activities necessary to stabilize a failing slope, or prevent the <br />imminent failure of a slope, in the opinion of the city engineer. <br />The recommended correction for this slope failure is to construct one additional new wall at the top of the <br />slope (Exhibit B). The owner understands that, if approved, this correction may be temporary as the after - <br />the -fact variance to permit the new expanded walls within the 75 -foot lake yard has not been approved. <br />3. Engineer Comments — Adam Edwards. <br />a. The applicant has provided a letter from a licensed engineer, Paul Schimnowski, P.E., <br />with the assessment that a slope failure is imminent. Further, the same engineer has provided a <br />plan for stabilizing the upper slope using a retaining wall. I believe the proposed fix does <br />address any potential slope failure. Therefore my recommendation is for council to authorize the <br />emergency repair in order to stabilize the slope for the winter. <br />b. I do not recommend the City forgo the normal requirements associated with <br />improvements in the lake yard 175foot setback for a permanent solution. The unstable slope <br />conditions appear to be the result of the construction methods employed and the deviations from <br />the approved retaining wall design and site plan from permit RAS22-000082. <br />Prepared By: MCC <br />Reviewed By: LLQ <br />Approved By �' <br />
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