07-24-2023 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 for retaining walls, a lakeside deck, and shed 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 September 1, 2023. 3.Background/ Summary. Please refer to Exhibit D for the Minutes from the previous Planning Commission and City Council meetings on this application. The individual meeting packet dates are also referenced below. In July of 2022, the timber lake slope walls, deck, and stair to the lake were destroyed by fire. The contractor receive a building permit for in-kind replacement of the retaining walls (RAS22-000082). The work exceeded the approved in-kind plan and the project was halted prior to completion. On November 28th the owner requested and received Council approval for an Emergency Slope Repair 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). The proposed upper wall was not installed. On March 13, 2023 the Council reviewed an after-the-fact variance request for the expanded retaining walls. The application was tabled for redesign and clarification. In March, the property owner and their contractors met with the neighbors at City Hall to discuss their plans. The neighbors asked for more clarification on the stability of the walls and the grading plan. The applicant has now provided a grading plan, a revised plan with engineering for the walls reflecting a design as close to in-kind as they were able to achieve, a plan for the permitted lake access stair, a replacement deck, and a replacement shed beneath the deck. In June, the Homeowner’s engineer advised that modifications and corrections were necessary in order to improve the structural stability of the constructed walls. In June, at the direction of the engineer, and with the City’s approval, the contractor made field modifications to the dead men/tiebacks. The City’s Inspector, Gary Nelson, observed the corrections to the walls in the field. The revised construction plan Exhibit B2, prepared by the Homeowner’s contractor, shows the pre- existing shed and deck in red illustrating that while the footprints have changed slightly, the proposed replacement deck and shed will not encroach closer to the lake than the previously existing improvements and do not exceed the previous footprint/hardcover. 4.Variance Description. The applicant is requesting after-the-fact setback variances to address the replacement wall footprint expansions in the bluff and lake yard. Additionally, the pre-existing shed/boathouse and deck are proposed to be replaced in a similar footprint at a similar setback from the lake. The change to the configuration of the retaining walls, shed, and deck require after-the-fact variances for lake setback, average lake setback, and hardcover within the 75-foot lake setback. The proposed lake stairs are an allowed improvement within the 75-foot setback and can be constructed with an administrative building permit. Item No.: 10 Date: July 24, 2023 Item Description: LA22-000068 – Valdes Lawn Care o/b/o Mark & Lisa Thostenson, 2815 Casco Point Road, After-the-Fact Variances - Resolution No. 7387 Presenter: Melanie Curtis Planner Agenda Section: Community Development