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HomeMy WebLinkAboutResolution 7387WA" 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 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. 7387kEsHo- 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 6 LOT 120 965.3965. 1 967.8 4 FFE965.4964. 4961.4 963. 1 962.09 6 1 7962.3 960. 8 964.1 0 FFE GA R 959.63FFE LOW966.5TREE 24IN966.2 TREE 2 0INTREE 20IN960.72 FND 3/ 4 IP 966.04FND12755645927. 68H20 ELEV ICE 10JAN23972. 6966.5967. 0967.3 96 0 1 6 963.6961. 5963. 79FFE GAR96 3 9 963. 33963.20 963.56 FND 3/ 8 R E B A RTREE 36IN TREE 24IN 23.3 7.910. 9 36. 423.59.911. 01. 73. 36. 53. 2 21. 3EXISTINGHOUSEEXISTING HOUSE 1, 343SQFTEXISTING HOUSEEX. GARAGEEXISTINGGARAGE28.024.0 24. 0 28.0672SQFT 23. 630. 0 24.08.6BAY WINDOWNA I L INBL ACK TO P T.W9 6 1 0 PRO P B. W 953 4 T. W 953 2 B. W 948 8T. W 948 8 B. W 942 7 T. W 942 6 BW 939 6 T. W 9395 BW936 7T.W9 36 7B. W 9335 T.W.9 570B.W9 5 3 4 T.W.= 960.2B. W.=958. 2TIMBER BOARDER OFGARDEN FROM ADJ. LOT (TO BE REMOVED) SU R VEYL INE TOPOFROCK S75FTOFF SETO.H W L INE LOCATIONPERPREVIOUSSURVEY, WASNOTLOCATEDDUETOCONDITIONSO. H WL I N E929 4EDGEO F I C E11 J AN23STA IRS TO BASE MEN T ORD I NARY HIGHWAT ERE L E V O. H W 9294 HI GHES T R E C O R D E D 9 3 1 1 TO P O F I C E 1 1 J A N 2 3 9 2 8 0 14,650± SQFT CANTILEVER N662 1 4 7 W 5 3 4 5 22. 0320.18WIND.WELL TO BE REMOVED) TO BE REMOVED) WINDOW WELL DIMS. PERMANUFACTURERSPEC SHEET.)PROP. DRAIN RIM =959.8 PROP. OUTLET 933.0 958 CONT.960REMOVE CONC PATIO 108 SQFT PROP.WINDOWWELLPROP.GROUND DECK 220 SQFT PROP. ELEV.964.0 8.9 PROP. STONE W A L L TOP = 964.0 BOT = 961.420.0961 PROP.964 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 Surveyorunder 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 LakeShore Avenue Vacated, lying between Lot 120of 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 FT2EXISTING 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 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)