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-WA" CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> A� <br /> No.G�� 7387 <br /> rk 7 <br /> � <br /> ESHO <br /> A RESOLUTION <br /> APPROVING AFTER-THE-FACT VARIANCES <br /> PURSUANT TO MUNICIPAL ZONING CODE <br /> SECTIONS 78-1279 & 78-1680 <br /> WHEREAS, on December 12, 2022, Mark Thostenson and Lisa Thostenson <br /> (hereinafter the"Applicants"), applied for after-the-fact variances for the property addressed 2815 <br /> Casco Point Road and legally described as: <br /> All that part of Lot 120 Spring Park, and all the Unplatted land and that <br /> portion of Lake Shore Avenue vacated, lying between Lot 120 of Spring Park <br /> and the side lines of said Lot projected to Lake Minnetonka, which lies <br /> northwesterly of a line running parallel with and five feet northwesterly from the <br /> southeasterly line of said Lot and the extension thereof, Hennepin County, <br /> Minnesota (hereinafter the"Property"); <br /> WHEREAS, in July 2022, a grass fire occurred on the lakeside bluff of the <br /> Property which destroyed the existing lakeside improvements including a timber wall system, <br /> lake access stair, lakeside deck, and shed within the 75-foot setback and bluff; and <br /> WHEREAS, on October 28, 2022, a Stop Work notice was issued in response to <br /> the project exceeding the permitted in-kind replacement under building permit (#RAS22- <br /> 000082) because the construction resulted in unpermitted expansions of the wall footprints and <br /> locations; and <br /> WHEREAS, in November 2022, the Applicants submitted documentation from a <br /> licensed professional engineer which indicated that failure of the current lake yard slope and the <br /> existing retaining walls on the Property was imminent. The City Council authorized an <br /> emergency slope repair via Resolution No. 7315; and <br /> WHEREAS, on December 12, 2022, the Applicants have made an application for <br /> an after-the-fact variance from City Code Section 78-1279 and 78-1680 in order to permit the <br /> construction of the expanded retaining walls within the 75-foot setback and bluff; and <br /> WHEREAS, the Planning Commission reviewed the request at a public hearing <br /> held on February 21, 2023 and voted 4 to 1 in favor of approval; and <br /> WHEREAS, the City Council reviewed the request at meetings held on March 13, <br /> 2023 and July 24, 2023. The Council reviewed the engineered plans and the recommendations <br /> of Planning Commission and City staff; and <br /> 1 <br />