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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7385 <br /> <br />1 <br /> <br />A RESOLUTION <br />APPROVING AFTER-THE-FACT VARIANCES <br />PURSUANT TO MUNICIPAL ZONING CODE <br />SECTIONS 78-1279 & 78-1680 <br /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 />