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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> Monday,November 16,2020 <br /> 6:00 o'clock p.m. <br /> works and as the owner said,they are not going out beyond the building and if one were to draw a line <br /> from the back of the house one would assume it would be straight rather than jog. He understands the <br /> Commissioners are going by rules,but the rules are set because of the inconvenience and that is what they <br /> are talking about. <br /> Chair Ressler said the rules are partially to protect the enjoyment of the neighboring properties and that is <br /> why it is nice to have the supporting letter from the neighbors. However,that cannot be the <br /> Commissioners' entire decision one way or the other but it does not hurt. <br /> Mr. O'Connell agrees it is unique with this lagoon noted the neighbors at 3135 -from their house to the <br /> water of the lagoon-is a lot shorter distance than from the back of his house to the shore on Lake <br /> Minnetonka. If the lagoon was not there,the red line onscreen could potentially move toward the corner <br /> of that house and his entire house would be behind it and there would not be a challenge. This lagoon <br /> creates a challenge and he is trying to be as respectful as he can with the intent and agrees with the intent <br /> as a lakeshore homeowner. However, that lagoon and with the house at 3135 so close to the water, it <br /> poses some challenges. <br /> Chair Ressler asked if there were any other comments from Commissioners. He stated he has heard the <br /> concerns with the stairs,he has heard the Applicant state that if there is difficulty approving the stairway, <br /> perhaps he would consider re-grading which would be part of the application,as well. What they need to <br /> decide tonight is if they can approve as applied and if it's approved it will go to City Council to approve. <br /> If it is denied,they will have to give feedback as to why it is denied so perhaps it can go to Council with <br /> the feedback on what would be agreeable. <br /> John Boyer,the builder, wants to confirm and ask that stairways are not able to encroach into the setback. <br /> Ms. Curtis replied the deck stairway is part of the deck itself which is required to meet the setback. When <br /> looking at average lakeshore setback, the stairs are obviously coming down from an upper deck; when <br /> they allow certain elements to be within the average lakeshore setback,42 inches in height is the limit in <br /> that area. Obviously the part of the deck coming down does hit that point at one of the risers and is not <br /> over that point anymore,but it still needs to meet the setback as far as the code is applied. <br /> Chair Ressler noted this is not a simple application,he welcomes further discussion and feedback, <br /> because there are a lot of complexities with shoreline,the lagoon backing in, and he thinks they should <br /> also take into consideration Staff recommendation for approval. <br /> Bollis said in general he is in favor of it. He thinks the solution of adjusting the grading so the bottom <br /> stair does not protrude past the point that the house already encroaches on the lake,he would be fine with. <br /> He would say the Commission deny this with support for that change. <br /> Kirchner clarified his earlier point that his concern is that last stair tread, which would be in line with <br /> Bollis' recommendation for the grading to improve that. He asked Gettman if he is more concerned with <br /> a lot of what would be filling in that rectangular space where the dotted line is that shows the existing <br /> staircase at an angle. <br /> Gettman said that is what prompted his concern,but he would be okay having it stop where the pillar <br /> stops. It is back to the inching closer and closer to that lakeshore; with the average lakeshore setback it <br /> makes it that much more difficult and prejudicial to the homeowner, but unfortunately that is what the <br /> Page 9 of 23 <br />