HomeMy WebLinkAboutResolution 7387 LAND TYPE Torrens (T)
DOC NUM 6031138
Certified, filed and/or recorded on
Aug 21, 2023 1:38 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 155 Pkg ID 2594658E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1541552
This cover sheet is now a permanent part of the recorded document.
-WA" CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A�
No.G�� 7387
rk 7
�
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
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�k o4�G No. 7387
sH
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby approves the requested after-the-fact variances to permit construction of the
new engineered retaining walls as described above based on one or more of the following
findings of fact concerning the Property:
FINDINGS OF FACT:
Al.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.
A2.The Property is located in the LR-1C One Family Lakeshore Zoning District.
A3.The Property contains 0.34 acres in area and has a defined lot width of 56 feet.
A4.The Property is within Tier 1 and hardcover is limited to 25% according to the
Stormwater Quality Overlay District.
A5.The Property was subject to a fire on the lake slope in July 2022 which destroyed the
previously existing timber retaining walls, stairs, deck, and storage shed leaving the
slope vulnerable to failure.
A6.The Applicants applied for an administrative building permit to rebuild the existing walls
in-kind. The construction of the replacement walls expanded beyond the in-kind
reconstruction and the project was stopped and stabilized. The Applicants received City
Council approval of an emergency slope repair in November 2022.
A7. Applicants have applied for the following after-the-fact variances:
a. 75-foot Setback for Structures and Hardcover
b. Bluff Setback Variance
c. Average Lakeshore Setback Variance
A8.Retaining walls, decks, sheds and other building improvements are not permitted within
75-feet of the OHWL. Installation of the new walls require City Council approval of after-
the-fact 75-foot hardcover, bluff setback, and lake setback variances.
A9.The deck, shed, and lake access stair will be an in-kind reconstruction under an
administrative building permit.
2
ick.0.4/ CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
„s„ tri,114
tqko�ti No. 7387
SH
A10. In considering this application for variances, the Council has considered the advice and
recommendation of the City Staff and the effect of the proposed emergency slope repair
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:
B1."Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." Preserving and protecting the lake yard slope is in
harmony with the intent of the ordinance. The Applicants are restoring the
improvements destroyed by fire. Staff recommends the proposed retaining walls,
deck, and shed be screened with vegetation to maintain the rural nature of the lake
wherever feasible.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The retaining walls will continue to maintain the integrity of
the slope and protect the slope from catastrophic failure which protects the lake as
well as neighboring properties. The reconstructed improvements will be as close to
in-kind replacements as permitted by the existing slope conditions. The proposal is
consistent with the comprehensive plan in this manner.
B3."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
Applicants have installed replacement retaining walls, improvements which
are residential in nature and reasonable from a residential scope.
Additionally, it is reasonable to permit the in-kind reconstruction of the
destroyed deck, stair, and shed.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The Applicants have designed and constructed
retaining walls to protect against failure of the slope resulting from a
catastrophic fire. The existing improvements within the slope of the lake
yard were not originally constructed by the owner and are permitted to be
reconstructed as close to in-kind as permitted by the existing slope
conditions; and
-cLQAT� CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
��k� J No. 7387
SH
C. The variance, if granted, will not alter the essential character of the locality." There
were previously existing retaining walls, lakeside deck, lake stairs, and a
shed located in the bluff/lake yard. The variances to permit the expanded
walls within the bluff and 75-foot lake setback will help to maintain the
existing slope and character of the area.
B4."Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
B5."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.
B6."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
within the residential district.
B7."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.
B8."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 and lakeshore
improvements destroyed by fire are unique conditions affecting the subject
Property.
B9."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.
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting bluff, average lakeshore, 75-foot
lake setback variances to allow the replacement retaining walls within the 75-foot
lake setback to remain as constructed with an expanded footprint is reasonable, is
a better solution long-term, and is necessary to preserve the rights of the owner.
need for variances is supported by the vulnerable slope on the Property.
B11."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
4
st.G T CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
l�k �tiG NO. 7387
SHO
yard setback variance allowing the retaining walls within the average lakeshore,
setback, bluff and 75-foot lake setback will not adversely impact health, safety,
comfort or morals, or in any way be contrary to the ordinances.
B12."The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."The proposed improvements and as-
constructed 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 walls 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
approval of after-the-fact variances pursuant to Orono Municipal Zoning Code Section 78-1279
and 78-1680 to allow the reconstruction of the existing retaining walls with expansions including
installation of a replacement lakeside deck and shed, according to the approved plan, subject to
the following conditions:
C1.Council approval is based on the entire record, above Findings.
C2.The project shall conform to the survey and submitted plans (hereinafter the "Plans")
submitted by the Applicants and annotated by City staff, attached to this Resolution as
Exhibits A and B.
C3.The Applicants shall install landscaping which shall provide as much vegetative
screening of the walls and other improvements when viewed from the lake as feasible.
C4.The Applicants shall assure that the walls near the property lines will not adversely
impact stability for the adjacent neighboring slopes. Field adjustments shall be made to
the ends of the walls to assure adequate support.
C5.Any amendments to the Plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
C6.Upon approval of the after-the-fact variances the City will release the Stop Work order
for building permit RAS22-000082.
C7.An As-Built survey meeting the City's standards shall be provided by the Applicants
upon completion of the lakeshore construction and the home construction projects.
5
-vLO To CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A
'$�� �G� No. 7387
kEsHo-
C8.Authorities granted by this resolution run with the Property not with the Applicants, but
are permissive only and must be exercised by satisfactorily completing the project and
as-built survey. The lakeshore improvements must be completed and inspected within
one year of approval or the after-the-fact variances will expire on August 14, 2024.
C9.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 14' day of August, 2023.
ATTEST: CITY OF ORONO:
arrre .
WA
•
Anna Carlson, City Clerk Dennis Walsh, Mayor
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CONT.
TOPOGRAPHIC SURVEY
I hereby certify that this plan, survey or report was prepared by
me or under my direct supervision and that I am a duly Licensed
Land Surveyor under the laws of the State of Minnesota.
By:
Minnesota License No.
Dated day of 2023.
Part of Lot 120, SPRING PARK, Hennepin County, Minnesota.
27th June
45356
6/27/2023
NO. DATE DESCRIPTION BY
SCALE: 1" = '
DATUM: JOB NO.
REVISIONS
DRAWN BY:
CREW:
221329AS
CBS
CBS/BCK
30
Assumed
DATE: 1
2
3
E. G. RUD & SONS, INC.EST. 1977
DENOTES RETAINING WALL
DENOTES FENCE
DENOTES OVERHEAD UTILITY
DENOTES SILT FENCE
DENOTES BUILDING SETBACK LINE
LEGEND
DENOTES IRON MONUMENT FOUND AS LABELED
DENOTES POWER POLE
DENOTES CONCRETE SURFACE
DENOTES BITUMINOUS SURFACE
DENOTES TELEPHONE PEDESTAL
DENOTES EXISTING SPOT ELEVATION
DENOTES MAILBOX
DENOTES ELECTRICAL BOX
DENOTES EXISTING CONTOURS
PIN No. 17-119-22-14-0008
Owner: City of X
Address: Unassigned
DENOTES AIR CONDITIONING UNIT
DENOTES SANITARY SEWER MANHOLE
X 952.36
DENOTES ADJACENT PARCEL OWNER INFORMATION
(PER HENNEPIN COUNTY TAX INFORMATION)
- Field survey was completed by
E.G. Rud and Sons, Inc. on
01/10/22.
- Bearings shown are on an
assumed datum.
- Parcel ID Number:
2011723320011.
- This survey was prepared
without the benefit of title work.
Additional easements,
restrictions and/or
encumbrances may exist other
than those shown hereon.
Survey subject to revision upon
receipt of a current title
commitment or an attorney's
title opinion.
- Due to field work being
completed during the winter
season there may be
improvements in addition to
those shown that were not
visible due to snow and ice
conditions characteristic of
Minnesota winters.
- Boundary work was not
completed as part of this
as-built survey any
monuments and boundaries
are for reference only.
NOTES
Per Certificate of Title No. 1541552
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.
Legal Description of Record
030 30 6015
TOTAL LOT AREA ..................... 14,650± FT
2
EXISTING HOUSE ........................ 1,343 FT2
EXISTING GARAGE ........................ 672 FT2
EXISTING DRIVEWAY (ON LOT) ...... 834 FT2
EXISTING CONC STAIRS .................. 23 FT2
EXISTING WOOD STAIRS ................. 29 FT2
EXISTING RET WALLS .................... 195 FT2
TOTAL IMPERVIOUS SURFACE ...... 3,096 FT2
PERCENT IMPERVIOUS ..................... 21.1%
BENCHMARK
BENCHMARK: MNDOT GSID STATION #11452
MNDOT NAME: JOHNSON MN053
ELEVATION = 938.909 NGVD29
TOTAL LOT AREA ..................... 14,650± FT
2
EXISTING HOUSE ........................ 1,343 FT2
EX. RET WALL NEAR EX. GARAGE ..... 23 FT2 *
TIMBER BORDER (REMOVAL) .......... 32.5 FT2 *
PROPOSED GARAGE ....................... 710 FT2
PROPOSED WALK ............................ 74 FT2
PROPOSED STOOP ........................... 80 FT2
PROP. PATIO (REMOVAL) ................ 108 FT2 *
PROP. DRIVEWAY .......................... 933 FT2
PROP. RETAINING WALLS STEPS .... 122.4 FT2
PROP. RET. WALL STEP LANDING ..... 12.3 FT2
PROP. DECK AND BOAT HOUSE ..... 118.8 FT2
PROP. DECK ATTACHED TO HOUSE ... 220 FT2
EXISTING CONC STAIRS .................. 23 FT2
EXISTING RET WALLS ................. 165.0 FT2 *
EXCLUDED RET. WALL REMOVAL ..... 23 FT2
EXCLUDED TIMBER BORDER ........ 32.5 FT2
EXCLUDED PATIO REMOVAL .......... 108 FT2
EXCL. RET. WALLS BY LAKE ........ 165.0 FT2
TOTAL IMPERVIOUS SURFACE ... 3,636.5 FT2
PERCENT IMPERVIOUS ................... 24.82%
PIN No. 2011723320012
Owner: C A & C D PRICE
Address: 2813 CASCO PT ROAD
PIN No. 2011723320010
Owner: WESLEY & BRENDA BYRNE
Address: 2817 CASCO PT ROAD
- This survey boundary was
calculated using a survey by
Gronberg & Associates Land
Surveying dated 5-18-22.
DENOTES PROPOSED CONTOURS
DENOTES DRAINAGE ARROW
27FEB23 REVISE PROP. IMP. TABLE CBS
21APR23 ADD PROP. DRAIN & GRADES CBS
27JUN23 ADD PROP. DECK & IMPERV. CBS
Resol. No.
7385
Exhibit A
Construction Plans
July 12, 2023
Lisa Thostenson
2815 Casco Point Road
Orono, MN 55391
Submitted by email: purrtopia@hotmail.com
RE: Timber Retaining Wall Evaluation
Project Location: 2815 Casco Point Road, Orono, Minnesota
Project No. 23-7128
Dear Ms. Thostenson:
This letter is being sent per your request regarding the recently repaired timber retaining walls at the
above listed property.
This evaluation is based on the following:
x Repair progress photos provided by you or your representatives.
x Retaining wall design repair drawings prepared by Criterium-Schimnowski Engineers dated June
15, 2023 (attached).
x Site visit performed by Criterium-Schimnowski Engineers on June 12, 2023.
x Repairs were performed at Walls 1 (lowest tier), Wall 2 and Wall 3.
x No changes were required for Wall 4 (wall behind proposed shed/boathouse).
x Wall 5 was partially reconstructed by the contractor due to address some alignment issues.
x Wall 6 will be reconstructed due to the change in the proposed height of the wall. Refer to the
attached tiered wall cross-section drawing for more information.
Based on the information listed above, the repairs to the retaining walls appear to be structurally stable
and in general conformance with the repair details as prepared. Typical construction details such as use
of drainage elements and wall reinforcement appear to be followed correctly. As is normal for timber
retaining walls of this type, some seasonal and long-term wall movement and backfill soil settlement
should be expected. I recommend that concentrated areas of surface water be directed away from the
walls.
Scope of Service and Limitations
The purpose of this inspection and report is to evaluate the condition of the recently constructed or partially
constructed retaining wall. The report is not to be considered a guarantee of condition and no warranty is
implied. Our observations are non-destructive, and limited to those portions of the site/wall that could be
visually examined without excavation. Our scope of services did not include an exhaustive technical
investigation. No material sampling, analytic tests, precise measurements or engineering calculations were
performed. This includes but is not limited to: compaction testing, soil sampling, global stability calculations.
We did not determine whether the wall and its operation or use conform to any city codes, or regulations, or
restrictions that may be enforced within the jurisdiction. For construction phase services, it is understood that
the Contractor, not ENGINEER, is responsible for the construction of the project, and that ENGINEER is not
responsible for the acts or omissions of any contractor, subcontractor or material supplier; for safety
precautions, programs or enforcement; or for construction means, methods, techniques, sequences and
procedures employed by the Contractor. As Professional Engineers, it is our responsibility to evaluate
2815 Casco Point Road, Orono, Minnesota
July 12, 2023
Page | 2
available evidence relevant to the purpose of this inspection. We are not, however, responsible for
conditions that could not be seen or were not within the scope of our service at the time of the inspection. If
additional documentation or information is made available for review, I reserve the right to amend or add to
the opinions and observations presented in this report.
Opinions and recommendations in this report are limited to the scope of work. This report has been
prepared in strict confidence with you as our client. Reliance upon our report by other parties is strictly
prohibited. If you choose to share our report, 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 report to anyone without your permission.
If additional documentation or information is made available for review, I reserve the right to amend or
add to the opinions and observations presented in this report.
Please call me if you have any questions or need more information. Thank you.
Sincerely,
Paul Schimnowski, PE
MN PE# 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: July 12, 2023 License #: 40126 (MN)
Council Exhibit B5