07-24-2023 City Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING July 24,2023 6:00 o'clock p.m. City Planner Curtis explained In July of 2022 the timber walls,deck and stair to the lake were destroyed by fire. In March of 2023 the City Council reviewed an after-the-fact variance request for the new retaining walls as construction was found to have expanded beyond the in-kind allowance of the administrative building permit. Because there were a number of concerns,the Council tabled the application to allow the applicants to redesign and provide clarification and supporting engineering. The applicant has provided a wall plan with engineering reflecting a design as close to in-kind as they were able to achieve, a landscape plan and a plan for the permitted lake access stair deck and shed. Earlier this summer with the City's approval the contractor made modifications and corrections to the as-constructed walls which were necessary in order to improve structural stability. The proposed replacement deck and shed will not encroach closer to the lake than the previously existing structures. The lake stairs are an allowed improvement within the 75-foot setback and can be constructed,along with the shed and deck, with an administrative building permit.The applicant is requesting after-the-fact setback variances to address the replacement wall footprint expansions in the bluff. Comments from the public were received. Replacement of destroyed walls is essential, Curtis said, due to the bluff and steep nature on the property as well as the immediately adjacent neighboring properties. The variance to permit the expanded retaining wall structure within the bluff and 75-foot setback will help to maintain the existing slope and character of the area. Staff recommends approval as proposed.The applicants and some neighbors were present. Mark and Lisa Thostenson,2815 Casco Point Road,the applicants, said they have been communicating with their neighbors and doing their best to address concerns. Walsh said it is a complicated project and he recalls the biggest issues were bringing the grade back to where it was,making sure the neighbors were protected and whether the engineering design would add height to the top wall or add an additional top wall. He asked how it was determined that the contractor had not done everything according to plan. Lisa Thostenson said she and her husband had no idea that the plan wasn't followed exactly by the contractor. They sent photos to the engineer and that is how they discovered there were some things that they weren't comfortable with and requested assistance from the City. Paul Schimnowski with Criterium-Schimnowski Engineers, 161 Dunbar Way,Mahtomedi,Minnesota, the engineer of record,said he had received some construction progress photos from the homeowners and noticed some things that were not done per plan. He notified everyone involved and ended up ending the contract and service agreement with the contractor.He said he had not seen the neighbors' questions until the meeting but thought most could be easily answered.Matching the old bluff height was an important consideration on this project,he said,and a height of 961 feet nearly from one side to the other with just a little bit of step down at each end will provide substantial additional support for the neighbors' properties on each side. He noted they are still under a stop-work order and did some remedial repairs to the existing work. The request is for a setback variance and not necessarily the wall approval. Curtis also said the variance is for the location and placement of the walls. If there are any other technical details,that is typically part of the building permit. Patty Yorks,2825 Casco Point Road, said her biggest concern is that the wall doesn't blend in with the shoreline and asked about the landscape plan. She felt some of the proposed plantings were too short. Page 2 of 11