HomeMy WebLinkAboutResolution 7280OATO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7280
4'ESHO9"
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA22-000038
WHEREAS, on June 22, 2022, Dennis Walsh ("Applicant"), applied for a variance
from the City Code for the property addressed 1354 Rest Point Circle and legally described as:
Lot 13, Rest Point Park and Lot 11, Subdivision of lot 14, Rest Point Park Hennepin
County, Minnesota (hereinafter the"Property");
WHEREAS, the Applicant has 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 #LA22-000038. 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-1 B Zoning District.
1
O.Ai CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y.
c.,‘,
NO. 7280
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ES H O'
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
cLON CITY
NO
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ORONO7280RESOLUTIONOFTHECITY COUNCIL
4kES H 00'
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-1 B 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 Property's slope instability combined with the existing improvements
create conditions which do not apply to 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
OAt CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
s NO. 7280
kESHO'
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 wall repairs within the lake
yard will preserve the integrity of the slope and there are no conforming locations for 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
Applicant and annotated by City staff, attached to this Resolution as Exhibits A.
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 Applicant, 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 12th day of September, 2022.
ATTEST: CITY OF ORONO:
i D
1 2i /
Anna Carlson, City Clerk Aaron Printup, Acting Mad r
4
PROPOSED TIMBER RETAINING WALLS
1354 REST POINT CIRCLE
MOUND, MINNESOTA
GENERAL NOTES
1. Soil strength parameters for this project were assumed based on a review of soils viewed by VEC at the project area and information from the client.
It is the responsibility of the owner or owner's representative to verify the soil strength parameters provided are representative of the soils available
for wall construction. If the soil strength parameters are found to be inconsistent with those used by VEC during the design, this design is no longer
valid and it is the responsibility of the owner or owner's representative to notify VEC so the retaining wall system can be redesigned. Failure to
notify VEC may result in failure of the retaining wall.
2. Design Soil Parameters:
a. Retained soil: Imported/on-site clay (CL) phi = 27 degrees gamma = 125 pcf.
b. Foundation soil: Imported/on-site clay (CL) phi = 27 degrees gamma = 125 pcf.
3. This set of timber retaining wall plans are based on site measurements at the site, as directed by the client. If other plans are produced that contain
different information than that referenced, this plan may need to be revised and/or the wall may need to be redesigned.
4. This set of timber retaining wall plans are based specifically on the wall being constructed with 6" by 5" timbers and Manta Ray soil anchors.
Absolutely no substitutions allowed.
5. Location of the timber retaining walls in relation to property lines, utility easements, watershed easements, or any other type of easements are the
responsibility of the owner or the site civil engineer. VEC assumes no liability for the location of the retaining wall, or if construction of the proposed
retaining wall encroaches any property lines or easements.
6. It is imperative that the site surveying of the timber retaining wall be done by the site civil engineer or surveyor and must be based on computer
generated site/grading plans and not profile plans done by VEC. Surveying of the retaining wall must take into account the design batter indicated
on the enclosed plans and details. Failure to take into account wall batter for timber retaining wall surveying will produce incorrect locations of all
top of walls and shall be corrected at no cost to VEC.
7. Wall geometry, locations, slopes and surcharge loads for the timber retaining walls were assumed from the information referenced above. If
conditions vary greatly in the field from those shown in these plans, VEC must be notified prior to construction of the retaining wall to review the
design and/or plans. Modifications to the design and/or plans may be required after the review, and may take up to ten business days to complete.
Minor modifications can be made in the field by VEC during construction.
8. If there are discrepancies between any information on these plans and information in any project specifications, the more restrictive information
takes precedence. Please refer to the Manta Ray installation instructions for additional information.
vicLer,q E_ngineering & Consulting, L.L,C
i9-441 Village Woods Drive
den Prairie, MN 55347
Phone: 952-465-3272
www.vicLeryeng.com
2022 Vickery Eof neerina onsultin,
PROPOSED TIMBER RETAINING WALLS
1354 REST POINT CIRCLE
MOUND, MINNESOTA
TITLE PAGE AND GENERAL NOTES
REV:I DATE: I DESCRIPTION:
SHEET INDEX
SHEET NO. SHEET DESCRIPTION
WI TITLE PAGE & WALL NOTES
W2 -W3 WALL ELEVATION VIEWS
W4 SECTIONS AND DETAILS
SCALE: i w
1 SHEET: ' •,
I
OF: CLIENT: 1 BOULDER CREATIONS UNLIMITE
VERIFY LINE ABOVE MEASURES I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIONS, ORNONEI -INCH. IF IT DOESN'T, ADJUST REPORT WAS PR ARE BY ME OR ER MY DIRECT
SCALE ACCORDINGLY SUPERVISION AriRAA A DU LICE SED OFESSIONAL
ENGINEER DGSSV HE STMINNESOTA.
VEC PROJECT NO VEC 21-230
DRAWN BY: VEC
REVIEWED BY: RWV
DATE: 1 6/4/2022
RONALD CKE
DATE: 6/4/ REG. No.: 24065
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TIMBER WALL REPLACEMENT - ELEVATION VIEW
LOWER WALL (MAXIMUM BEARING PRESSURE = 1,000 PSF
SCALE: I"=5'-0")
LOCATIONS OF CORNERS SHOWN ARE
APPROXIMATE AND SHOULD BE VERIFIED
IN THE FIELD DURING CONSTRUCTION.
2. A TEMPORARY BENCHMARK WAS USED
FOR THE DESIGN OF THE RETAINING
WALLS. THAT BENCHMARK WAS THE TOP
OF THE EXISTING UPPER WALL, ASSUMED
100.0. ALL ELEVATIONS SHOWN ARE
BASED ON THAT BENCHMARK.
VicLer E_ngineering 6, Consulting, LLC
i 49-4 i Village Woods ]give
r jen Prairie, MN 55347
Phone: 952-465-8272
www.vicLer,geng.com
ZOZ2 Uic.cery n',ineerm8 & Consu1tin', LLC
PROPOSED TIMBER RETAINING WALLS
1354 REST POINT CIRCLE
MOUND, MINNESOTA
WALL ELEVATION VIEWS
REV] DATE: I DESCRIPTION:
KALE:
5 2.5 0 5 10
SCALE: I" = 5'
VEC PROJECT No: VEC 21-230
DRAWN BY: VEC
REVIEWED BY: RWV
DATE: 6/4/2022
LEGEND
X -
DETAIL NUMBER
WX - SHEET NUMBER
XX -
INDICATES LOCATION OF SECTION CUT
I
INDICATES APPROXIMATE LOCATION
W4 OF 90-DEGREE CORNER
SHEET: ^ OF: CLIENT:
L BOULDER CREATIONS UNLIMITE
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIONS, OR
REPORT WAS PR ARE BY ME OR ER MY DIRECT
SUPERVISION A H A DU LICE SEOFESSIONAL
ENGINEER D R A Sp HE ST E MINNESOTA.
RONALD CKE `GrP
DATE: 6/4/ REG. NO.: 24065
I
4
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WALL REPLACEMENT - ELEVATION VIEW MIDDLE
WALL (MAXIMUM BEARING PRESSURE = 1.000 PSF SCALE:
I"=5'-0") NOTES
LOCATIONS
OF CORNERS SHOWN ARE APPROXIMATE
AND SHOULD BE VERIFIED IN
THE FIELD DURING CONSTRUCTION. 2.
A TEMPORARY BENCHMARK WAS USED FOR
THE DESIGN OF THE RETAINING WALLS.
THAT BENCHMARK WAS THE TOP OF
THE EXISTING UPPER WALL, ASSUMED 100.
0. ALL ELEVATIONS SHOWN ARE BASED
ON THAT BENCHMARK. vic6r,
q E_nginccring & Consulting, LLC i
444 i Village Woods ]rive E-
clen Prairie, MN 55347 Phone:
952-465-8272 www.
vicLer,geng.com O
2022 Vickery Engineering & Consulting, LLC I
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W4
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TIMBER RETAINING WALLS 1354
REST POINT CIRCLE MOUND,
MINNESOTA WALL
ELEVATION VIEWS REV]
DATE: I DESCRIPTION: TIMBER
WALL REPLACEMENT - ELEVATION VIEW UPPER
WALL (MAXIMUM BEARING PRESSURE = 1,000 PSF SCALE:
I"=5'-0") KALE:
5
2.5 0 5 10 SCALE:
I" = 5' VEC
PROJECT No: VEC 21-230 DRAWN
BY: VEC REVIEWED
BY: RWV DATE:
6/4/2022 LEGEND
X -
DETAIL
NUMBER WX -
SHEET NUMBER X
X - INDICATES
LOCATION OF SECTION CUT I
INDICATES
APPROXIMATE LOCATION W4
OF 90-DEGREE CORNER SHEET:
W
OF:
CLIENT: VV
BOULDER CREATIONS UNLIMITE I
HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIONS, OR REPORT
WAS PR ARE BY ME OR ER MY DIRECT SUPERVISION
A H I A DU LICE SVDOFESSIONAL ENGINEER
Dgi R A S,0/ HE ST EINNESOTA. r
RONALD CKE DATE:
6/4/ REG. NO.: 24065
OUTSIDE CORNER
ODD COURSE EVEN COURSE
ALTERNATE OVERLAP IN CORNERS EVERY COURSE,
AS SEEN ABOVE. ADD VERTICAL TIMBER BEHIND
THE CORNER IN OUTSIDE CORNERS, AS SEEN ABOVE.
inlcinIM rnonlao
ALTERNATE OVERLAP IN CORNERS
EVERY COURSE, AS SEEN ABOVE.
F TIMBER WALL
I 1CORNER CONSTRUCTION
t)(NOT TO SCALE)
WASHER
6" X 6" X I"
GALVANIZED PLATE
NUT
MANTA RAY ANCHOR
THREADED ROAD (I" DIA)
r2 TIMBER WALL
ATTACHING GALVANIZED PLATE TO MAN1
W4 (NOT TO SCALE)
CONSTRUCTION SEQUENCE:
I. CUT HOLES IN THE EXISTING RETAINING WALL LARGE ENOUGH TO INSTALL THE MANTA RAY.
2. INSTALL THE MANTA RAYS, TO THE DEPTH SHOWN, AS PER THE MANUFACTURERS
RECOMMENDATIONS.
3. CONSTRUCT THE TIMBER RETAINING WALL TO IMMEDIATELY BELOW THE MANTA RAY LINE.
BACKFILL THE VOID BETWEEN WALLS WITH GRAVEL.
4. AFTER CUTTING A HOLE THROUGH THE TIMBERS TO ALLOW THE MANTA RAY THREADED ROD
IN PLACE, INSTALL THE NEXT COURSE OF TIMBERS AND NAIL INTO PLACE AS ABOVE.
5. INSTALL ADDITIONAL COURSES OF TIMBERS TO THE NEXT MANTA RAY INSTALLATION POINT. 06. INSTALL THE GALVANIZED PLATE USING A GALVANIZED WASHER AND NUT, PER
MANUFACTURERS RECOMMENDATIONS.
7. CONTINUE THESE STEPS UNTIL THE WALL IS COMPLETED.
r3CTIMBER WALL
ONSTRUCTION SEQUENCE
W4 (NOT TO SCALE)
vic6r,q E_nginccring & Consulting, LLLLC
i 444 i Village WOOJ5 ]rive
E-Jen Prairie, MN 55347
Phone: 952-465-8272
www.vicLer,geng.com
O 2022 Vickery Engineering & C,onsulting, LLC
PROPOSED TIMBER RETAINING WALLS
1354 REST POINT CIRCLE
MOUND, MINNESOTA
SECTIONS AND DETAILS
REV:I DATE: I DESCRIPTION:
TIMBER WALL
4 TYPICAL CROSS-SECTION AT SECTION CUTS SHOWN
W4 (SCALE: 1/4"-1'-0")
CALE: 0 1
1 1
AS VERIFY LINE ABOVE MEASURES
I -INCH. IF IT DOESN'T, ADJUST
SHOWN SCALE ACCORDINGLY
VEC PROJECT No: VEC 21-230
DRAWN BY: VEC
REVIEWED BY: RWV
DATE: 6/4/2022
SHEET: W4 1 /, ICBOU DER CREATIONS UNLIMITE
I HEREBY CERTIFY THAT THIS THIS PLAN, SPECIFICATIONS, OR
REPORT WAS
PZA
E BY ME OR ER MY DIRECT
SUPERVISION A A DU LICE SEOFESSIONAL
ENGINEER D)ilR Sp HE ST E MINNESOTA.
r RONALD CKE `GrP
DATE: 6/4/ REG. NO.: 24065
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