10-12-2020 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 21, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Minnehaha Watershed District came out to look at the property. He noted the creek is not on this property. Chair Ressler clarified that whenever there is a situation, the Watershed must weigh in on whether there are wetlands on the property. Ms. Curtis said the Watershed District has reviewed the wetland delineation that says no wetlands are present and that is the official record; it doesn’t mean there isn’t drainage across the property or seasonal water, but it isn’t a wetland. She noted it’s in the property owner’s best interest to make sure the water that comes to the property moves off the property in the way it has been and the engineer has reviewed the grading plan and approved it. Chair Ressler noted the final grading would verify the proposed grading that has been approved by the engineer is met. Ms. Curtis said the As-Built Survey would confirm that. Mr. Dropps said they will keep the erosion control in place until turf is established. Chair Ressler closed the public hearing at 8:10 p.m. Gettman said regarding the question of whether or not it’s wetlands, it’s the runoff, and could potentially have a negative impact with the runoff. The bigger issue he has in looking at the Practical Difficulties is whether or not this is a Taking, as the property is not conducive to be built upon, there are many issues and variances to be able to build on the property. This begs the question if it’s not buildable, then it’s a Taking, and the City would actually buy it. He understands that the property owner wants to build on it and enjoy it, and he appreciates that, however it is a horrible location for what has been built around it and are causing the Difficulties they’re trying to deal with. He doesn’t have a magic solution and that is what he’s struggling with. As Ms. Johnson noted, there are accidents across County Road (CR) 19, accidents as they’re coming down CR 19, and the new people in the Lakeview Development who will fly by the area as they’re rushing up the hill to turn right onto CR 19. Gettman said it’s a very difficult corner to deal with. He believes everyone should have a right to build on their property with whatever variances that can be accommodated to enjoy that property, and this one he struggles with because of the location as its been left for 35 and many things have happened around the property that has made it very difficult to build on without adverse effects. Ms. Forcier’s husband Jeff Anderson said in talking about the issue of traffic, if they don’t build, what is the City going to do about it. If it’s an issue, it should be addressed but it doesn’t have anything to do with the lot and the runoff is off the property and it’s not affected by anything on the property. Gettman said that is his struggle, the runoff literally goes right under the road which is where the driveway would be. With respect to the traffic, Mr. Anderson is absolutely right, that traffic isn’t going away whether or not they build, but it will be exacerbated and made potentially worse if someone stops in front of their house, someone will have to pull around and that will be a head-on collision when someone is turning left to go onto North Arm. Mr. Anderson said they would have to do that even if the house wasn’t there.