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MINUTES OF THE <br />ORONO PLANNING COMMISSION <br />Monday, September 19, 2022 <br />6:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 3 of 9 <br /> <br />affording some opportunities in like-kind, but exceeding is historically where the Planning Commission <br />has very rarely (especially in these districts) allowed encroaching on lakeshore setbacks because those <br />modest encroachments become a hindrance for the enjoyment of the neighboring homes. This creates a <br />problem because it creates precedent for Applicants in the future which is why the Commission has had to <br />take a very hard line. He noted one can have a home without a deck, that is not a practical difficulty. The <br />Commissioners want to help get this through but without practical difficulty they are not in a position to <br />support. <br /> <br />Mr. Gates noted they could build a much bigger house if they knock the existing down but they did not <br />want to do that. It may not be a direct practical difficulty but does factor into the equation. He spoke about <br />options for the back of the home where there is not the ability to put a deck somewhere else. He does not <br />think it is unfair to ask for a small variance to build the deck. He finished walking the Commissioners <br />through the plans on screen. <br /> <br />Kirchner clarified the Commissioners are required by State Statute to fall back to the practical difficulties. <br />He is struggling to find practical difficulties in this case. <br /> <br />Chair McCutcheon opened the public hearing at 6:42 p.m. <br /> <br />Patty Saiki, 2874 Casco Point Road, does not see gutters or drainage shown and that is one of the critical <br />points. She noted living with a narrow sideyard regarding the fire department they would need hook-and- <br />ladder. All insurance companies watch the fire departments and rates will go up if the City does not <br />manage widths between houses. She is just giving the Commissioners a heads-up. <br /> <br />Charles Price, 2813 Casco Point Road, shared that he lives to the west of the subject property. Mr. Price <br />strongly objects to one of the pictures Mr. Gates showed that it will not affect his view of the lake but <br />would now be filled with elevated deck, sofas, couches, umbrellas, grills, and the Mr. Price would be very <br />uncomfortable if the City allowed a deck in that space. He noted the property owners who will suffer the <br />water runoff from these proposed variances are at great risk of accelerated erosion on their bluffs as well <br />as an increased risk of their bluff sliding down into the lake as so many nearby bluffs have already done, <br />including his at 2813. The shoreline of the subject property and nearby properties have a risk profile that <br />is much worse than most on Lake Minnetonka, primarily due to the high elevation above the lake (his <br />property is 42 feet above the water) and the soil makeup is a loose mix of clay and sandy loam that can be <br />easily eroded by running water. Many properties nearby have experienced severe erosion and severe <br />slippage into the lake with huge expense and loss of yard size. If there ever was a case to minimize <br />hardcover, this is the case. Mr. Price noted this property already has a patio of about 120 square feet <br />which has been adequate for multiple families over decades. The Applicant wants to add another 360 <br />square feet of deck very near Mr. Price’s home and yard in a prohibited way. It is safe to assume the <br />Applicants will not go through all of this to have a 480 square foot deck to quietly sit and read a book; it <br />is expected that it will be fully furnished with all of the previously mentioned things, and a sound system. <br />Mr. Price’s yard could feel like they are living next to a loud bar or a night club. All of this illegal <br />development will be between the Price’s home and their view of the lake, and every person on the deck <br />will be able to look directly into his living room day and night from only 22 feet away. He stated there are <br />rules and laws in place which, if followed, will make all of this unnecessary. Simply put the Applicant <br />bought a lot which cannot be made to fulfill their wishes. This lot is only 12, 217 square feet and the <br />average width is less than 55 feet. The Applicant should either purchase a lot more appropriate for what <br />they desire or they should meet current rules and laws that protect the property owners, Lake Minnetonka, <br />and the environment. Several years ago Mr. Price attempted to move a detached garage and attach it