04-19-1999 Planning Commission Minutes

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ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 19, 1999 9. #2473 MATTHEW B. HERMAN, 3825 CHERRY AVENUE -VARIANCE, 9:00 p.m. -9:08 p.m.— • (cont.) connect from the residence across a platted right-of-way, which will not be developed because it exists in a wetland, and would extend to the North Arm of Lake Minnetonka. In 1990, the City Council granted a similar approval for a previous property owner, but the structure was never built. The previous owner had requested a three foot walkway where this Applicant is proposing to construct a four foot walkway, which meets the City standards for walkways. A variance is required because the City does not allow structures to be placed within a wetland. Weinberger stated the DNR will also need to issue a new"work in bed of public water permit", and a variance from the Lake Minnetonka Conservation District may also be required for this walkway. The DNR has written a letter indicating they would be in support of a new permit for this proposed walkway based upon the City's approval. The adjoining neighbor also has a walkway down to Lake Minnetonka across the wetland. Weinberger stated the issue is the potential impact that might occur to the end of Cherry Avenue if someone tries to access the right-of-way, but this could only occur during the winter months if someone tried to access it with a snowmobile. City Staff is requesting a hold-harmless agreement with the property owner, which is typical in any construction that is permitted within a public right-of-way. City Staff would also request that signage be placed near the walkway to warn the public of a structure between the end of Cherry Avenue and Lake Minnetonka. City Staff is recommending approval of the application subject to the Applicant obtaining the appropriate permits from any agencies that have jurisdiction on this proposal. • Herman had no comment regarding this application. There were no public comments. Stoddard inquired whether the Applicant is proposing to construct the deck at or below the 929.4 foot elevation. Weinberger stated it would be similar to a dock that extends out into Lake Minnetonka. Lindquist commented he is not opposed to the application since similar applications have been approved by the City in the past. Lindquist moved, Hawn seconded, to recommend approval of Application #2473, Matthew B. Herman, 3825 Cherry Avenue, granting of variances to permit hardcover within 75 feet of the OHWL of Lake Minnetonka and to place a structure within a wetland, and further subject to the Applicant obtaining the appropriate permits from any other governing jurisdictions over this project. VOTE: Ayes 6, Nays 0. 10. #2475 RONALD P. ZELINSKY,JR., 320 TURNHAM ROAD -VARIANCE, 9:10 p.m. - 9:22 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Ronald Zelinsky, Applicant, was present. Weinberger stated the Applicant is proposing to construct an 18'by 36'swimming pool and a • Page 14