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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday, September 17,2018 <br /> 6:30 o'clock p.m. <br /> Lemke noted it is a nonconforming structure and can be replaced in-kind, but that this structure is not <br /> being replaced in-kind since they are adding to it. <br /> Ressler agreed the applicants are adding structure and that replacing it in-kind is different than adding to <br /> it. Ressler asked whether Staff has any recollection of other similar structures being added on to. <br /> Curtis stated she cannot come up with an identical scenario but noted the City does allow expansion of a <br /> nonconforming structure. Generally the structures the City has looked at in the past are not located <br /> directly on the lakeshore,and the Planning Commission should look at any expansion of a nonconforming <br /> structure by considering the practical difficulties and how the request is balanced out. <br /> Thiesse stated he would also look at the intent of the ordinances,and in his view the intent is to protect <br /> views from the lake and for the neighbors. Thiesse commented he is not sure if the neighbor could even <br /> see it with a roof on top of it since it is tucked in nicely from the lake. <br /> Landgraver stated he usually is against massing on the lake, but that this structure is proposed to go <br /> straight up instead of expanding the footprint. Given the slope and shielding,he would be comfortable <br /> with it. <br /> Libby asked if the Minnehaha Creek Watershed District has weighed in on this application. <br /> Curtis noted they are above the floodplain. <br /> Ressler stated his only other concern is if the City approves this, it likely will set a precedent for other <br /> similar applications and that he is not in favor of it. <br /> Thiesse stated in his view a precedent is not necessarily being set since each site is looked at individually. <br /> Landgraver moved, Olson seconded,to recommend approval of Application No. LA18-000076, <br /> Revision,LLC, 1725 Bohns Point Road,granting of variances. VOTE: Ayes 4,Nays 3,Lemke, <br /> Erickson and Ressler opposed. <br /> Erickson stated he is a little bit concerned with the proposal given that Item No. 12 says that the granting <br /> of such variance will not merely serve as a convenience to the applicant. Staff notes that providing a <br /> more comfortable viewing opportunity could be viewed as a convenience, which he tends to agree with <br /> that. Obviously if the structure is failing, it is in everyone's interests to improve it,but an expansion of <br /> use beyond what was there could be considered not a practical difficulty but a convenience. <br /> Thiesse noted it says merely serves as a convenience but that what the applicants are proposing is more <br /> than that. <br /> 7. LA18-000065 JIM KOCH ON BEHALF OF CHRIS MORGART, 1003 WILDHURST <br /> TRAIL,SKETCH PLAN,7:19 P.M.—7:58 P.M. <br /> Jim Koch,Applicant, was present. <br /> Barnhart stated this is a sketch plan for an 8-lot single-family subdivision at the north end of Wildhurst <br /> Trail. The subject property consists of four parcels and an unimproved right-of-way. <br /> Page 9 of 22 <br />