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WA" CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A No.G 7387rk7 ESHO A RESOLUTION APPROVING AFTER-THE-FACT VARIANCES PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-1279 & 78-1680 WHEREAS, on December 12, 2022, Mark Thostenson and Lisa Thostenson hereinafter the"Applicants"), applied for after-the-fact variances for the property addressed 2815 Casco Point Road and legally described as: All that part of Lot 120 Spring Park, and all the Unplatted land and that portion of Lake Shore Avenue vacated, lying between Lot 120 of Spring Park and the side lines of said Lot projected to Lake Minnetonka, which lies northwesterly of a line running parallel with and five feet northwesterly from the southeasterly line of said Lot and the extension thereof, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, in July 2022, a grass fire occurred on the lakeside bluff of the Property which destroyed the existing lakeside improvements including a timber wall system, lake access stair, lakeside deck, and shed within the 75-foot setback and bluff; and WHEREAS, on October 28, 2022, a Stop Work notice was issued in response to the project exceeding the permitted in-kind replacement under building permit (#RAS22- 000082) because the construction resulted in unpermitted expansions of the wall footprints and locations; and WHEREAS, in November 2022, the Applicants submitted documentation from a licensed professional engineer which indicated that failure of the current lake yard slope and the existing retaining walls on the Property was imminent. The City Council authorized an emergency slope repair via Resolution No. 7315; and WHEREAS, on December 12, 2022, the Applicants have made an application for an after-the-fact variance from City Code Section 78-1279 and 78-1680 in order to permit the construction of the expanded retaining walls within the 75-foot setback and bluff; and WHEREAS, the Planning Commission reviewed the request at a public hearing held on February 21, 2023 and voted 4 to 1 in favor of approval; and WHEREAS, the City Council reviewed the request at meetings held on March 13, 2023 and July 24, 2023. The Council reviewed the engineered plans and the recommendations of Planning Commission and City staff; and 1