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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> Tuesday,June 21,2022 <br /> 6:00 o'clock p.m. <br /> is Hennepin County governed so the City defers to the County to proceed with a removal if they so <br /> choose. <br /> Al Azad, 165 Bederwood Drive,said the garage is not in good shape and they are trying to rebuild it <br /> where it was as the property was built in 1946. <br /> Chair McCutcheon asked Mr.Azad if he would consider moving the garage closer to the existing home. <br /> Mr.Azad replied yes,they might be open to that.He also called the DNR and has not heard back from <br /> them. <br /> Chair McCutcheon opened the public hearing at 7:19 p.m.There were no public comments. <br /> Chair McCutcheon closed the public hearing at 7:19 p.m. <br /> Bollis would like to see the garage out of the easement but if the DNR is okay with it,he would also be <br /> fine with it as it is making the situation better.He would be willing to vote yes pending DNR approval. <br /> Kirchner stated this is not something he can support for many of the reasons Erickson noted regarding <br /> encroachments and easements.Even with DNR approval he does not believe it is a good practice as a <br /> Commission to approve projects that create an encroachment.He cannot support the item. <br /> Ressler said similar to lake yards that have tight setbacks where one is able to rebuild like-kind,the City <br /> prefers to improve those positions and he is seeing that here.He recognizes Kirchner's points that this is <br /> an easement so it is not quite that simple.However,Ressler follows Bollis in recommending approval <br /> contingent upon DNR providing their blessing. <br /> Libby cannot comfortably support this having experience with proprietary real property asset ownership <br /> of both the DNR and Dakota Rail.He has seen decisions go either way(not at a City level)but it would <br /> appear that the Dakota right-of-way encroachment into railroad property is more DNR park land;he noted <br /> they have categorically denied,refuted,refused, and actually caused loss of historic buildings and <br /> accoutrements because there is a standing policy in their legal department that they will not allow it. If <br /> this is truly real property asset owned and controlled with a decision made by the DNR,there is still <br /> another governing authority that will have to decide.From past experience he cannot support this <br /> application as it is an encroachment,whether it is historic or"grandfathered"in. <br /> Curtis asked for clarification from the Commission: if the encroachment into the easement is not <br /> acceptable,they still have al0 foot setback from the side and for the Applicant's sake she'd like to know <br /> whether the Commission is supportive of that encroachment. <br /> Kirchner stated he would be fine with the setback,however he has an issue with the encroachment. <br /> Bollis and Ressler agreed. <br /> Chair McCutcheon thinks there is an opportunity to change the design and not be inside the encroachment <br /> which would be more likely to be approved. <br /> Page 3 of 9 <br />