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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, November 18, 2019 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 16 of 46 <br /> <br />placed in that right-of-way. Mr. Erickson was talking about a slippery slope. He has concerns about <br />putting a dock in there and somebody buys this property and then it's restricted to this many feet and then <br />they want to make it a slip and then they want to make it a little bit longer. If the dock is 6 feet wide and <br />the right-of-way is 30 feet, that's going to put 12 feet on either side, so any boat wider than 7 feet would <br />be encroaching on what he believed is a 5-foot setback for a property that is 50 feet or less, which is what <br />he believes the Code is. <br /> <br />Curtis stated that is LMCD's rule. <br /> <br />Mr. Adams said many boats are larger than that on Lake Minnetonka, especially for somebody that is <br />buying property on that island, so you're already talking about encroaching on Mr. Robb's property or his <br />own. This isn't us versus Ms. Fieger. She is against this permit as well. He thinks the solution is to allow <br />the right-of-way. He said all the people along the western shore have a very steep shore, and those people <br />have used that right-of-way as a place to drop off construction vehicles. <br /> <br />Ressler asked whether it is a City right-of-way. <br /> <br />Curtis indicated that it is. <br /> <br />Ressler asked if people are going through the City right-of-way, noting that it seems wooded and <br />wondered how they are getting through there. <br /> <br />Mr. Adams stated they can go right up. The power lines run the length of the right-of-way as well so there <br />is space there. Because it is wooded there are branches coming down, and there have been two cases <br />where the lines were live and in leaves and it's dangerous, which is why the fire issue was brought up. <br />The people on Lafayette Bay have lakeshore access but the property is a very steep hill, and you couldn't <br />get a construction vehicle up one of those. The only access is through the right-of-way and you come by <br />barge. He realizes a seasonal dock is not considered permanent, but he finds it hard to believe that <br />somebody is going to remove their dock every time somebody wants to have a construction barge come <br />out. They are arguing to maintain the system that's been in place for 40-60 years that everyone has gotten <br />along with. This would be a permanent solution that allows the City to maintain its Easement. Because <br />Mr. Barnhart indicated the City probably doesn't want to buy any land, another solution would be to swap <br />pieces of the right-of-way over to the side and maintain a 20-foot right-of-way, swapping 10 feet of <br />property with Mr. Robb, and that would allow the Easement to go up the side. It seems like there could be <br />a solution without taking the public's right and the property owners’ all along the west side, <br />approximately seven, that would need access to this right-of-way. <br /> <br />Ressler stated he was also going to bring up a land swap or relocation. He was discouraged to hear there <br />are power lines on that side and it's already accessible. <br />