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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> September 25,2023 <br /> 6:00 o'clock p.m. <br /> City Planner Nye explained this is a variance for a bluff setback that the Council reviewed at its last <br /> meeting and approved with the stipulation that the build does not encroach any further into bluff. The <br /> applicant came back with a redesign of the project to meet that direction,she said. <br /> Benson said she asked to have it removed from the consent agenda because she voted against it last time <br /> because she was in agreement with staff to deny the application. <br /> Veach moved,Johnson seconded,to adopt LA22-000042,4731 North Shore Drive,Variance— <br /> Resolution No.7404.VOTE: Ayes 3,Nays 1(Benson). <br /> 14. LA23-000026,ESKUCHE DESIGN O/B/O DAN MARTINSON& HEIDI MARTINSON, <br /> 2605 NORTH SHORE DR,VARIANCES <br /> City Planner Curtis said the application is for a house addition within the 75-foot lake setback,a new in- <br /> ground swimming pool,new retaining walls,a stone fence/wall, stairs,walkways,as well as a number of <br /> hardcover changes to the site within the 75-foot setback. Since the planning commission's review,the <br /> applicant has made changes and submitted amended plans. Specifically,the addition to the home has been <br /> removed,the pool has been relocated to be behind the 75-foot setback from the lake but is still <br /> approximately 30-feet from the inlet, and some of the proposed hardcover improvements have been <br /> adjusted. The applicant is no longer proposing to enclose the area under the deck which would have been <br /> an enlargement of the building footprint.The planning commission requested clarification regarding the <br /> hardcover levels specifically within the 75-foot setback. The pool is set back 30 feet from the inlet and <br /> approximately 29 feet from the wetland where 75-foot(lake& inlet)and 25-foot(wetland)setbacks are <br /> required. The pool location has been adjusted within the existing driveway hardcover;however,the pool <br /> is a new accessory structure and is considered an expansion within the 75-foot setback. The pool patio is <br /> set back 19 feet from the inlet and 15 feet from the wetland where a 75-foot setback and/or 25-foot <br /> wetland setback are required. The"existing"boulder retaining walls on the lakeside of the home appear to <br /> have been recently installed in the place of the one-foot-tall timber border. The wall replacement approval <br /> may have been included in one of the previously approved variances for the property,however,there is <br /> no record of a permit for the new boulder walls. The approximately two-foot-tall boulder walls were <br /> replaced in a different location slightly further from the lake than the timber border. The boulder walls are <br /> an expansion of the existing condition in footprint, location, and height. The existing lake access stair is <br /> being replaced by a new stair 38 feet from the lake(this is a permitted improvement). The proposed <br /> driveway configuration has reverted back to the existing condition with a looped design. The walkway to <br /> the pool area has also been modified; and new hardcover expansions are proposed within the 75-foot <br /> setback including walkways,pool,and pool patio where no hardcover is permitted. On August 21,the <br /> Planning Commission held a public hearing. Following the public hearing,the Planning Commission <br /> voted 5—0 on a motion for denial as applied. The Commission provided specific feedback regarding the <br /> location of the pool. The Commission felt that it was important that the pool meet the 75-foot setback <br /> from the main open water of Lake Minnetonka,which resulted in the amended plans.No comments from <br /> the public were received on this application. Planning Staff recommends denial because it would be an <br /> accessory structure within the 75-foot setback. <br /> Peter Eskuche of Eskuche Design said the design takes the driveway area and converts it to a pool and <br /> adds an accessory garage to move the cars from the lake.The entire house is in the 75-foot setback so it is <br /> a difficult area to add any recreation,he said. The pool is proposed in an area that is already hard-cover. <br /> Planning Commission seemed to approve the pool if pushing it back to 75 feet from the lake.He said the <br /> retaining walls are needed but the applicant is willing to remove the six-foot tall stone wall. <br /> Page 3 of 13 <br />