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MINI TES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday. October 18, 2004 <br />6:00 o'clock p.m. <br />(«04-3042 Pillar Homes, Continued) <br />ihe-fact conditional use pcnnii to seek approv-ai if the excess fill was nut going to be removed. The <br />home w as issued a temporary certificate of iKcupancy w iih the removal or approval of the fill as the <br />only outstanding issue <br />Staff IS requesting that any approval be contingent upon implementation of the City Engineer's <br />recommendations, which includes repair of the swales along the north and south property lines. Staff <br />IS also requesting the Planning Commission discuss whether the additional fill creates a negative <br />visual situation for the directly impacted neighbors to the north and south and also on the <br />neighborhiKHl as a w hole. <br />Gundlach noted the City Engineer ts available tonight to answer any questions <br />Shermack. Pillar Homes, stated he oversaw this (^oject from start to finisti. Shemuck indicated he <br />was not informed of the need for a conditional use permit in the fall when he applied for the grading <br />permit. Shermack acknowledged that the amount of fill brought onto this lot is over the limit allowed <br />by the City w ithout a conditional use permit. Shennack stated his mam concern at the time of <br />construction was the water level of Lake Minnetonka and that all of the fill was brought to the off- <br />lakeside and has nothing to do with the east side, the west side, and the lakeside. Subsequently the <br />home was consuxteted. with e.xtra caulion being taken to ensure that the home was being conslnictcd <br />above the high water level of Lake Minnetonka Shermack stated in his view the important factor m <br />constructing this home was the lakeside portion of the residence and not the front of the residence. <br />Shemuck stated the fill was prinurily brought in for the driveway. Shermack indicated the home was <br />constructed according to the survey, with periodic ins|Kctions Knng j>crfomicd by (.'ity Staff on <br />dilTcrent aspects of the house. <br />Shemuck indicated the homeowner over the winter requested to meet with a land.<cape architect and <br />specified certain landscaping features be constructed as part of this project. Follow ing that meeting <br />w ith the landscape architect, additional fill was brought in Shemuck pointed out this property is a <br />large parcel and there is plenty of room to grade the extra fill in Shemuck stated the fill w as brought <br />m to help achieve access wnh Bohn’s Point Road in accordance w uh the property owner s wishes. <br />Shermack stated during the off-season the homeowner also requested some very key trees be removed <br />because of dead growth towards the bottom of the trees. The removal of the trees afTccted the original <br />grading plan. In addition, the property owner asked that ihc grade be raised and that new pmc trees be <br />planted. Shermack stated the fill w as also requested by the homeowner in an effort to make the <br />driveway more acceptable in their opinion. As the end of the project neared, the landscaping plan was <br />submitted to the City. <br />Shennack noted there was no attempt to dcceiv-e the neighbors dunng this project or the City. A <br />number of open houses and socul funcuons were held at Urn residence, wnh the neighbors being kepi <br />appnsed of the project. Shermack stated the one resident that has complained is a fairly new resident <br />to the neighborhood with the home being purchased m Apiil. Shemuck noted this particular resident <br />has not yet moved into the property at the present tune. <br />RAGES