Resolution 7645 CUP retaining walls 1450 Bracketts Point

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CITY F ORONO O RESOLUTION F THE CITY COUNCIL 4F �4 NO. 7645 l,�kESHOV-�, FINDINGS OF FACT: Al. The analysis contained within staff memos and the exhibits ttached to the aforesaid memos, all minutes from the above-mentioned meetings, a d all other materials distributed at these meetings are hereby incorporated by re rence. A2. The Property is located in the LR-1A One-Family Lakeshor Residential Zoning District. A3. The Applicant has applied for a CUP to permit construction �f a new retaining wall within the shore setback. A4. In considering this application for variance, the Council has onsidered the advice and recommendation of the Planning Commission and the effec of the proposed variance upon the health, safety and welfare of the community, existi g and anticipated traffic conditions, light and air, danger of fire, risk to the public saf ty, and the effect on values of property in the surrounding area. CUP ANALYSIS: City Code Section 6.12.6240(5)(c) states that walls in the shore setback zone, new walls shall require a conditional use permit. New walls and changed or relocated replacement walls, greater than 4 feet in height, must meet the following conditions. Tre wall must be: B1.Designed to correct an established erosion problem; the project includes in-kind replacement of failing walls and installation of a new, reconfigured lake access stair, which is allowed. The one new wall, requiring CUP approva is a supportive wall for the new stair. Although it is new, the wall is necessary to support the permitted stairs, given the topography. This criterion has been met, and B2.Suitable given the demonstrated need; the walls provide stability to the slope and help to reduce erosion. The construction of the wall is necessary to support the slope in conjunction with the new stairway. This criterion has been met, and B3.Designed by a registered engineer or landscape architect, depending on the project scope; the applicant has provided structural plans for the walls designed by a registered landscape architect and a structural engineer. This criterion has been met, and B4.Designed to be the minimum size necessary to control the erosion problem. The new wall is necessary to support the permitted lake access stair, considering the placement of the stair within the full project scope to reconstruct the boathouse and walls in-kind. This criterion has been met. 2