HomeMy WebLinkAboutResolution 7279CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7279
1
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA22 -000034
WHEREAS, on June 22, 2022, Concept Landscaping (“Applicant[s]”), applied for a
variance from the City Code on behalf of the owners Claude and Deborah Jordan for the property
addressed 1350 Rest Point Circle and legally described as:
Lot 12, Rest Point Park, Lake Minnetonka, Hennepin County, Minnesota (hereinafter
the “Property”);
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of replacement
retaining walls with an increased footprint in the lake yard; and
WHEREAS, on July 18, 2022, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which
time all persons desiring to be heard concerning this application were given the opportunity to
speak thereon; and
WHEREAS, on July 18, 2022, the Planning Commission recommended approval
of the variance; and
WHEREAS, on August 8, 2022, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variance as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA22-000034. The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from the
above mentioned meetings, and any and all other materials distributed at these meetings
are hereby incorporated by reference.
2. The Property is located in the LR-1B Zoning District.
S!LO.AlO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7279
4kESHO'-
3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
4. Applicant has applied for the following variance:
a. Lake Setback Variance
5. In considering this application for variance, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variance
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
ANALYSIS:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." Preserving and protecting the existing lake yard slope is
in harmony with the intent of the ordinance. The proposed retaining walls will be screened
with vegetation to maintain the rural nature of the lake wherever feasible.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan."The proposed retaining walls will continue to maintain the integrity
of the slope and protect the slope from catastrophic failure which protects the lake. The
proposal is consistent with the comprehensive plan.
3. "Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in
connection with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonable manner,
however, the proposed use is not permitted by the official controls.
The owner proposes to install retaining wall improvements which are residential in
nature and reasonable from a residential scope.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The owner has proposed retaining walls to protect against failure of the slope. The
existing slope of the lake yard was not the result of actions by the owner;
c. The variance, if granted, will not alter the essential character of the locality."
2
Ot
O
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7279
kESHO
There are existing retaining walls in the lake yard. The variance to permit the
expanded retaining wall structure within the 75-foot lake setback will help to
maintain the existing slope and character of the area.
4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78."This condition is not applicable.
6. "The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located." This condition is not applicable, as residential improvements are permitted to
support a residential use in the LR-1B District.
7. "The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling."This condition is not applicable.
8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property."The slope of the property combined with the
pre-existing improvements are unique conditions affecting the Property.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The steep slope, existing timber wall configuration, and the existing
improvements create conditions which do not apply to all of the adjacent properties.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting a lake setback variance to allow the
retaining walls within the 75-foot lake setback to be reconstructed with an expanded
footprint is reasonable, is a better solution long-term, and is necessary to preserve the
rights of the owner. The variance is supported by the vulnerable slope on the Property.
11. "The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter." Granting the lake
yard setback variance allowing the retaining walls within the 75-foot lake setback will not
adversely impact health, safety, comfort or morals, or in any way be contrary to the
ordinances.
3
MONO CITYNO. 7
OF
279
ORONO
RESOLUTION OF THE CITY COUNCIL
4kEs H 00'
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The proposed walls within the lake yard
will continue to preserve the integrity of the slope and there is no conforming location to
install the retaining walls which would protect the slope. Preserving the existing wall is
necessary for the protection of the slope and the lake.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of replacement
retaining walls within the lake yard, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey and building plans submitted by the
Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B.
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4. Authorities granted by this resolution run with the Property not with the Applicants, but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A building permit must be
obtained within one year of the date of Council approval, or the variance will expire on that
date (August 8, 2023).
5. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 8th day of August, 2022.
ATTEST: CITY OF ORONO:
641C--
nna Carlson, City Clerk Dennis Walsh, Mayor
4
Resol. No.
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Copyright 0 2013-2022 Simpson Strong -Tie Company Inc. All rights reserved.
SCHIMNOWSKI
CRITERIUM"
ENGINEERS
June 9, 2022
Revised June 16, 2022)
Jared Smith
Concept Landscaping
PO Box 430
Mound, MN 55364
Submitted by email: JaredMound@aol.com
RE: Segmental Retaining Wall Typical Sections
Project Location: 1350 Rest Point Circle, Mound, Minnesota
Project No. 22-6321
Dear Mr. Smith:
This letter includes important details regarding the attached design typical engineered section for the
segmental retaining walls at the above location. This design is based on information provided by you in
during a site visit on June 2, 2022, including a description of the project and existing site survey and wall
layout information. Revisions include changes to the plan view and wall cross-section designs.
The attached typical section(s) should be referenced for construction details. Special note should be
made of the wall embedment depth and the geosynthetic fabric (geogrid) length as measured from the
front face of the wall, or of the no -fines concrete wall backfill material depths, as applicable. Where tree
roots conflict with geogrid installation, geogrid lengths may be modified and cut to work around roots. No -
fines concrete or double -stacked block walls may also be used as an alternative. Refer to Anchor
Retaining Wall Systems Standard Specifications for installation information and details.
The design of the wall system assumes the following:
Wall location: Replacement of existing timber retaining walls (similar configuration)
Wall height(s): 4.67-ft (maximum exposed heights, not including cap units)
Minimum embedment depth = 6" min., or as noted
Soil conditions: Silty/Clayey Sand, friction angle = 30.0 degrees, unit weight of 125.0 Ib/ft3
Required minimum soil bearing capacity = 1500 psf
Surcharge load at top of walls: None
2:1 maximum slope at top and bottom of walls
Block Type: Anchor Diamond Pro
Geosynthetic Fabric Type: Mirafi 3XT
Drainage pipe: Required
These walls have not been designed for ground water surcharge loads. Direct all surface and
groundwater drainage away from the walls. Methods to do so include but are not limited to the following:
drainage swale, site grading, retention ponds, etc. Details of water control are left to the wall contractor or
the site civil engineer. Please contact Criterium-Schimnowski to provide additional site assessment
services if desired.
The wall design was performed using the design guidelines presented in the third edition of the "Design
Manual for Segmental Retaining Walls" (DMSRW) published by NCMA in 2009. Additional information
requested by Criterium-Schimnowski Engineers but not available includes: geotechnical site survey and
Independently Owned and Operated
161 Dunbar Way / Mahtomedi, MN 55115
O: 651.779.7700 / criterium-schimnowski.com
t «1
1350 Rest Point Circle, Mound, Minnesota
June 9, 2022 (Rev. June 16, 2022)
Page 12
soil data. If soil conditions, proposed wall layouts, or other design parameters vary from that assumed, a
revised analysis may be needed. Please call me if you have any questions or need more information.
This design has been prepared in strict confidence with you as our client. Reliance upon our design by
other parties is strictly prohibited. If you choose to share our design, you agree to indemnify, defend and
hold harmless the Engineer from any third -party action. No reproduction or re -use is permitted without
express written consent. Further, we will not release this design to anyone without your permission.
Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: June 16, 2022 License #: 40126 (MN)
Independently Owned and Operated
161 Dunbar Way / Mahtomedi, MN 55115
O: 651.779.7700 / criterium-schimnowski.com
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1350 Rest Point Circle, Mound, Minnesota
June 9, 2022 (Rev. June 16, 2022)
Page 13
Retaining Wall Completion Reports and
Construction Inspections
To: Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering.
From: Paul Schimnowski, PE
Retaining Wall Engineer
Criterium-Schimnowski Engineers (CSE)
Paul@CriteriumMN.com
Date: April 1, 2022
To help contractors and other interested parties navigate the changes that many cities and jurisdictions
are making regarding construction inspection requirements and final approval letters, we are making
the following recommendations:
1. Request that the City Building Official complete the Required Inspections of Retaining Walls
form, attached.
2. Notify your client of the potential for added cost depending on city/building official
requirements. Contact our office or refer to our service agreement for current fees.
3. Contact Criterium-Schimnowski Engineers to schedule any required inspections. Adequate lead
time is required. Similar to typical City inspections, at least one week is recommended. We
cannot guarantee immediate service.
4. Take daily construction progress photos for your records and for submittal to Criterium-
Schimnowski Engineers upon request.
5. Complete the Statement of Conformance for your records and for submittal to Criterium-
Schimnowski Engineers upon request. Form attached.
If a Wall Completion Report (Post -built Conformance Letter), is requested of CSE, we will require that
you provide construction photos and Statement of Conformance. In addition, CSE will need to perform
a site visit once final grading is completed. Without these three items, we are unable to comment on
the construction/conformance of the wall.
We are here to help as much as possible. These inspection requirements are not coming from us.
Contact us if you have any questions.
Independently Owned and Operated
161 Dunbar Way / Mahtomedi, MN 55115
O: 651.779.7700 / criterium-schimnowski.com
a
1350 Rest Point Circle, Mound, Minnesota
June 9, 2022 (Rev. June 16, 2022)
Page 14
Statement of Conformance
for Retaining Wall Contractor)
Project Name/Address:
Form to be submitted with all construction progress photos by the retaining wall contractor at time of
wall completion. This form is required in order to request a wall completion letter from CSE:
Block type:
Geogrid type:
Description of site soils (i.e. sand, clay, loam):
Leveling pad size and type of material:
Embedment depth (courses of block buried):
Draintile type and diameter:
Drainage aggregate type and layer thickness:
Geogrid lengths and elevations:
Compaction methods used:
I hereby certify that, to the best of my knowledge, the work is in conformance with the approved plans
and specifications, manufacturer recommendations and requirements, and/or the applicable
workmanship provisions of the code.
Date
Signature of Person in Responsible Charge
Printed Name/Title/Company
Submit completed form to: Melissa@CriteriumMN.com
Independently Owned and Operated
161 Dunbar Way / Mahtomedi, MN 55115
O: 651.779.7700 / criterium-schimnowski.com
a
1350 Rest Point Circle, Mound, Minnesota
June 9, 2022 (Rev. June 16, 2022)
Page 15
Required Inspections of Retaining Walls
for City Building Official)
Project Name/Address:
Permit Number:
Please choose one of the following:
No inspections are required.
The city will perform all needed inspections.
The retaining wall engineer -of -record must complete the following:
Final site visit with wall completion letter. Contractor's Statement of
Conformance is accepted in lieu of periodic site visits during construction.
Periodic site visits with a wall completion letter that includes documentation of
the engineer's construction observations.
Number of inspections required by building official:
Signature of Building Official or Authorizing Personnel
Printed Name/Phone Number
Date
Independently Owned and Operated
161 Dunbar Way / Mahtomedi, MN 55115
O: 651.779.7700 / criterium-schimnowski.com
a
1350 Rest Point Circle, Mound, Minnesota
June 9, 2022 (Rev. June 16, 2022)
Page 16
DESIGN PROVISIONS:
1. REFER TO WALL MANUFACTUER'S SPECIFICATIONS FOR SEGMENTAL RETAINING WALL UNITS AS THEY
ARE INTEGRAL TO THESE PLANS.
2. SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE
AND INSTALLATION NOTES.
3. THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH
PARAMETERS SHOWN ON THE "SOIL VALUES" TABLE. UNLESS OTHEWISE NOTED, NO FORMAL SOIL
INFORMATION WAS PROVIDED BY THE OWNER OR OWNER'S REPRESENTATIVE. IF SOIL CONDITIONS
VARY AT TIME OF CONSTRUCTION, WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED
DESIGN IS NEEDED.
4. THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE.
5. NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF
CRITERIUM-SCHIMNOWSKI ENGINEERS.
6. FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT CONCENTRATED RUNOFF AWAY FROM ANY
RETAINING WALL(S). UNLESS OTHERWISE NOTED, THE WALL(S) HAS NOT BEEN DESIGNED FOR
HYDROSTATIC SURCHARGE LOADING.
7. THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF
THE "DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS" PUBLISHED BY NCMA.
DESIGN LIMITATIONS:
THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE
PROPOSED RETAINING WALL(S) ONLY. THE REQUIREMENTS FOR AND/OR WORK RELATED TO
HANDRAILS, GUARDRAILS, OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS
AND ARE TO BE PROVIDED BY OTHERS.
SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES. THOSE SERVICE
ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER.
INTERNAL COMPOUND STABILITY (ICS) HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM.
HOWEVER, ICS IS NOT A SUBSTITUTE FOR A GLOBAL STABILITY ANALYSIS WHICH SHOULD BE
PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER. ADDITIONAL SUBSURFACE EXPLORATION MAY
BE REQUIRED.
SUGGESTED QUALITY ASSURANCE REQUIREMENTS:
1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE
SOIL CONDITIONS. IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK, A
QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS
CONSTRUCTED WITH PROPER SOIL PARAMETERS.
2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN
ASSUMPTIONS MADE BY CRITERIUM.
3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS. THE
GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE
INCORORATED INTO THE WALL DESIGN.
4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE -CONSTRUCTION SITE VISIT.
5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES.
6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE
CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS.
7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE
PROVIDED BY ALL PARTIES.
Independently Owned and Operated
161 Dunbar Way / Mahtomedi, MN 55115
O: 651.779.7700 / criterium-schimnowski.com
a
1350 Rest Point Circle, Mound, Minnesota
June 9, 2022 (Rev. June 16, 2022)
Page 17
TERMS AND CONDITIONS -Effective Nov.10.2020
This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
thereon agree:
1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
conditions at the time and in the locality the services are performed.
CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
available to the company.
ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge,
information, and belief as of the date hereof.
No other warranty or guarantee, express or implied, is made.
2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
has been employed by CLIENT to perform.
3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we
will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
payments are made in full. Should any suspension occur because of overdue payments, the time for contract
completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
thirty (30) days after the date of invoice may be charged a finance charge in the amount of/z percent per month from
the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS' opinion to initiate
collection procedures, the CLIENT hereby agrees to pay all collection costs including, but not limited to, reasonable
fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
specified in writing.
4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents
reports') prepared by Engineer, as instruments of service, shall remain the property of Engineer. CLIENT agrees that
all reports furnished to CLIENT or his agents, which are not paid for, will be returned upon demand and will not be used
by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
a period of five years following submission of the report, during which period the records will be made available to
CLIENT at all reasonable times.
5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report, drawings, or
documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
charge of cost plus 10 percent, at ENGINEERS's sole discretion. ENGINEER shall retain an electronic copy of the final
documents in its files for a period of five years.
6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
not be responsible for any loss, damage or liability arising from any acts by CLIENT, its agents, staff and other
consultants employed by it.
7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination,
ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
CLIENT not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the
written consent of the other party.
8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this report,
b) agree that ENGINEER's total liability to CLIENT shall be limited to the total amount of compensation received
by ENGINEER,
c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
liabilities, actions, demands, losses, damages, costs and expenses sustained by any third -party not granted
reliance on ENGINEER's reports and services,
d) agree that any action arising out of or related to the services provided must be brought to ENGINEER'S
attention no later than two (2) years after the date of the services, and
e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
recover costs and expenses, including reasonable attorneys' fees and costs.
9. FORCE MAJEURE: The engineer shall not be responsible or liable for any failure or delay in the performance of its
obligations under this contract arising out of or resulting from any cause or event beyond our control, such as war,
strike, crime, epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
Independently Owned and Operated
161 Dunbar Way / Mahtomedi, MN 55115
O: 651.779.7700 / criterium-schimnowski.com
J