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MINUTES OF THE <br />ORONO PLANNING COMMISSION <br />October 17, 2022 <br />6:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 2 of 6 <br /> <br />Curtis noted it will be reviewed by the City Engineer with the building permit application for the <br />individual lots. They will review proposed drainage improvements and any grading plan at a Staff level. <br /> <br />Ms. Martinson asked if the residents living nearby will be able to give input. <br /> <br />Curtis clarified they do not take public comment on building permit applications but they are available for <br />the public to view when submitted and they can ask questions. She noted when those applications come in <br />Curtis will let Ms. Martinson know. <br /> <br />Ms. Martinson requests that the homes maintain their own water control on their property rather than <br />across the street to those on the east side. She wants it on record that there needs to be some <br />consideration and she is happy to work with whomever to help with that because there have been <br />problems in the past and she does not want it to continue. <br /> <br />Penny Saiki, 2874 Casco Point Road, noted when someone brought it up with the builder, the builder said <br />they do not want any ugly ponds. To her, that is just saying “I don’t want to do stormwater water <br />management.” She noted as an architect, he knows (pointing to someone in the Chambers) how to <br />manage the water in a nicely designed way so it does not look like a holding pond. <br /> <br />Chair McCutcheon closed the public hearing at 6:12 p.m. <br /> <br />Ressler noted this is an opportunity for the drainage to be improved and he hopes the neighbors are <br />satisfied with the improvement that it becomes. He is in support as applied. He echoed Staff’s <br />recommendation for replacement perimeter drainage and utility easements on the new common boundary. <br /> <br />Kirchner moved, Ressler seconded, to approve LA22-000041, 3005 Casco Point Road vacation <br />easement as applied with the contingency of the rededication of drainage and utility easements <br />along the new common property line. VOTE: Ayes: 6, Nays 0. <br /> <br />2. LA22-000042 SHAWN WISCHMEIER, 540 BIG ISLAND, REQUESTS A <br />CONDITIONAL USE PERMIT FOR A PERMANENT DOCK PLACED WITHIN THE <br />FLOODPLAIN. (STAFF: MELANIE CURTIS) <br /> <br />Shawn Wischmeier, Applicant, was present. <br /> <br />Curtis gave a presentation on the item, stating the Applicant owns a seasonal residence on Big Island and <br />wishes to install a permanent dock. Because of the permanent nature of the dock structure within the <br />floodway below the 100-year floodplain elevation, a conditional use permit (CUP) is required. The Lake <br />Minnetonka Conservation District (LMCD) regulates docks on the Lake. Curtis noted the City has been <br />delegated to enforce floodplain regulations of the DNR and FEMA. Permitted docks may be allowed as a <br />conditional use within the floodway following standards and procedures set forth in the City Code. The <br />request is also on the LMCD’s schedule for a public hearing on Wednesday, November 9, 2022. In <br />speaking with Staff it appears the dock will meet all the LMCD’s setbacks. To date, no public comments <br />have been received. Staff recommends approval of the conditional use permit for construction of the <br />proposed permanent dock subject to the following conditions: 1. The dock may be allowed as long as it <br />continues to be permitted by the LMCD and DNR and is in conformity with the rules and regulations of <br />those agencies; and 2. The dock is not to be used for commercial purposes or rented; 3. A building permit <br />is required for the installation of the permanent dock.