03-20-2023 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION February 21, 2023 6:00 o'clock p.m. Bollis said I think it comes back to what was here previously was a seven -tiered timber wall that we don't know how it was engineered, and it was replaced with what is currently a six -tiered timber wall that we know how its engineered. That's essentially in-kind. It's a tiered wall that was built to the engineering specs which are pretty detailed, which I have to believe are much better than what was existing. I agree with everybody up here. I don't think the process is right at all. But I think we're going major steps backwards if this has to be removed, I'm saying functionally this is what was there and if they wanted something different, obviously, they would have had to go through a different process. The other piece is that seventh wall. If they built that, then it would be more in-kind to what was there. But that's not in front of us right now. So that we have to vote on is what's here. Erickson asked if the commission was headed towards a tabling motion. McCutcheon said he'd take any motion at this point to get going. I think we have two of us that have spoken out in favor that we've got enough here where I think the existing this retaining system is workable. Bollis said we're no longer approving in-kind, we're approving the variance that's in front of us Curtis said yes, setback variances for the new walls. Bollis said he was ready to move to approve the variance but he thinks the seventh wall should be built that was already approved by the City Council. Ms. Curtis said she would prefer we not design the wall. The Council approved the emergency repair as an emergency repair, not as a `you have to build the seventh wall'. Their alternate to the seventh wall is to increase the height of that sixth wall. She clarified the design had been approved by the applicant's engineer. We don't approve engineering. McCutcheon said a licensed structural engineer in the state of Minnesota put forth a design that's going to work in his eyes. And that's pretty good for me. He said the commission might be splitting hairs to require the seventh wall. Bollis said his thought is that we've got a split commission right now. And maybe that seventh wall gets it more to what was in-kind previously. In my mind that gets it closer to what it was supposed to be. And it makes essentially the top of that slope what it used to be. But I'm not going to redesign the project, so we've got to vote with what's in front of us. So would you rather us move to deny? Because it's missing that seventh wall? Kirchner said he felt the commission didn't have enough answers because the engineer was not present. He suggested making a motion with the recommendation that the engineer provide additional feedback on the width of the wall. Page 11 of 19