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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> Monday,April 18,2022 <br /> 6:00 o'clock p.m. <br /> move down to within 75 feet of the lakeshore and if that happens it changes the tennis court setback and <br /> Mr. Seidel's setback is roughly where it is now but possibly creates some unintended consequences. It <br /> would also be helpful if the approval included where the houses will be.The neighbors are concerned that <br /> if it gets approved and someone builds on their non-conforming lot,now they need to get variances to <br /> make the house fit.Mr. Seidel said the Applicants seem like really good people and he looks forward to <br /> having them as neighbors. <br /> John Miller,2980 Casco Point Road,has been out there for 10 years and can say that it turns into a river <br /> when it rains, even if it is a 1.5 inch rain and it washes out the grass.He said when people come and want <br /> to build a dream home,they come to the City asking for a couple inches here and there.Mr. Miller thinks <br /> the City needs to let the developers know they must draw the line.He noted there was a catch basin when <br /> he moved in and did not notice any water drain between the properties while he now notices it almost <br /> every time it rains.Mr. Miller understands that the Hartzell lot is big and it could be three homes,but he <br /> thinks the City should set the precedent of what it should be to the new homeowners and try to maintain <br /> the rules so developers don't buy a property banking on the fact that they will come to the City and get <br /> whatever they ask for. <br /> The Commissioners discussed the item. <br /> Ressler noted they see a lot of odd-shaped lots on the lake. Clearly someone wanted a lot for their tennis <br /> courts at one point.Now they want to turn the tennis courts into a non-conforming lake lot and that is <br /> where Ressler gets hung up. It would make more sense to him to redraw the plat as two lots,both of them <br /> conforming because there are two lake lots there already. He does not think the City is in the business of <br /> creating more lake lots. <br /> Kirchner agrees,it seems they are stealing from a lake lot to create another lake lot and are now making <br /> one non-conforming.He struggles with that idea and pointed out they do not know that the houses would <br /> be built to the rear of those angle points where it is 100 feet and conforming. <br /> Kraemer thinks they did a great job drawing the plat and getting three lots that would conform at the <br /> building setback lines. The fact that there are a lot of non-conforming shoreline lengths in the <br /> neighborhood does seem to fit the nature of the neighborhood. If the Applicant would come back with a <br /> proposal Kraemer would like it to include where the houses will be so those questions can be answered. <br /> Erickson noted number two of the practical difficulties list says the plight of the landowner must be due to <br /> circumstances unique to the property and not created by the landowner.Here they have an Applicant <br /> seeking to create non-conforming lots. State law regulates the definition of practical difficulty and <br /> Erickson cannot support the variance. <br /> Libby stated usually people want a lakeshore lot so they can have a dock. In Orono they have regulatory <br /> compliance for a dock and he stated this is fairly linear,although non-conforming which is an obstacle. <br /> He is confident with the other scrutiny this would have to go through that a prudent decision will be made <br /> at a City Council level on whether or not the extra lot can be done. <br /> McCutcheon does not think they need to create more lake lots on Lake Minnetonka and if it does not fit <br /> the conforming lots that Staff proposes he would not allow the 80 foot lake lot. <br /> Page 5 of 7 <br />