03-13-2023 Council Packet - Laserfiche WebLink

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AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding after-the-fact variances relating to retaining walls installed within a lakeside bluff. 2. MN§15.99 Application Deadline. The application was received on December 13, 2022 and considered to be complete on February 3, 2023. The 60-Day review period has been extended and expires on June 3, 2023. 3. Background/ Summary. In July of 2022, the timber lake slope walls, deck, and stair to the lake were destroyed by fire. A building permit was issued to reconstruct 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, a Stop Work order was issued. Because the work was halted prior to completion, on November 28th the owner requested and received permission from the City Council to install a final wall at the top of the slope which their engineer determined to be necessary to protect the integrity of the slope (Resolution No. 7315). Their engineer provided documentation showing the slope failure was imminent and needed an emergency correction. The final wall has not been installed, rather the applicant is now requesting approval to increase the height of the top (6th) wall to reach the correct grade height rather than installing an additional wall. 4. Variance Description. The applicant is requesting after-the-fact setback variances to address the wall footprint expansions in the bluff and lake yard. The lake stairs are an allowed improvement within the 75-foot setback and can be constructed with an administrative building permit. The change to the configuration of the retaining walls, if approved, will likely impact the ability to fully recapture the previous structural footprints and dimensions of the deck and shed. 5. Planning Commission Vote and Comment. On February 21, 2023, the Planning Commission held a public hearing. Following the public hearing, the Planning Commission voted 4 to 1 (Libby dissent) on a motion for approval of the requested after-the-fact variances subject to the following recommended conditions: a. Prior to Council review, the applicant shall provide an engineer’s opinion regarding the necessity additional width of the installed walls as installed (attached as Exhibit D); b. Submittal of a vegetative planting plan which will screen the walls from the lake (attached as Exhibit E); and c. Submittal of an as-built survey following completion of the walls and restoration of the grades. 6. Public Comment. Comments from the public were received and are attached as Exhibit G. 7. Staff Recommendation. Prior to the fire, there were existing retaining walls and improvements in the lake yard. Replacement of the walls is essential due to the bluff and steep nature of the slope on the subject property as well as the immediately adjacent neighboring properties. Further, removal of the pre- existing burned wall materials and replacement of soil was required in order to assure the new walls would be structurally stable to support the slope. The variance to permit the expanded retaining wall structure within the bluff and 75-foot lake setback will help to maintain the existing slope and character of the area. Item No.: 17 Date: March 13, 2023 Item Description: LA22-000068 – Valdes Lawn Care & Snow Removal o/b/o Mark & Lisa Thostenson, 2815 Casco Point Road, After-the-fact Variances Presenter: Melanie Curtis Planner Agenda Section: Community Development