03-21-2023 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 21 Walsh said he agreed. Johnson moved, Seals seconded, to direct staff to draft a resolution approving an after-the-fact variance for LA22-000070, 4085 WATERTOWN ROAD. VOTE: Ayes 4, Nays 0. 17. LA22-000068, VALDES LAWN CARE & SNOW REMOVAL O/B/O MARK & LISA THOSTENSON, 2815 CASCO POINT ROAD, AFTER-THE-FACT VARIANCES Staff presented a summary packet of information. City Planner Curtis said in July the lake slope timber walls and other improvements on this property were destroyed by a fire and 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 previous footprint and as a result a stop work order was issued. Because the work was halted prior to completion in November, the owner requested and received permission from the Council to install a final wall as their engineer provided documentation showing that slope failure was imminent and needed this emergency correction. The final wall has not been installed, rather the applicant is now requesting approval to increase the height of the existing top wall to reach the correct grade rather than installing an additional wall. The applicant is requesting after-the-fact setback variances to address the wall footprint expansions in the bluff and lake yard. The changes to the configuration of the retaining walls if approved will likely impact the applicant's ability to fully recapture the structural footprints and dimensions of the previous existing deck and shed, which were also destroyed. In February, the Planning Commission held a public hearing and voted 4 to 1 to recommend approval of the variances including the following conditions: prior to Council review, the applicant shall provide an engineer's opinion regarding the necessity of the additional width of the installed walls and a vegetative planting plan which will screen the walls from the lake. These have been provided in your packet. And following completion of the project an as-built survey would be required. Comments from the public were received. Replacement of the destroyed walls is essential to protect the bluff and steep nature of the slope on the subject property as well as the immediately adjacent neighboring properties who also have steep slope conditions. Staff finds that the variances to permit the expanded retaining wall structure within the bluff and 75-foot setback are necessary to protect the slope stability of the surrounding properties and once screened, will preserve the existing character of the area. Staff recommends approval of the setback variances for the improvements and the conditions set by the Planning Commission. The contractor is present this evening. Seals asked for a refresher on what was approved at a previous meeting. Are we agreeing to other things that were not intended? And are there any of those things in here? Curtis said at the time of the emergency slope repair that was the only action the Council took. It was not in any way an approval of the expanded walls, which is why we're here tonight. Benson said she was trying to get her head around this because she wasn't on the Council in the beginning when this when this started last year. When the slope repair emergency was granted did that enable the contractor to continue working in that area in November to secure it?