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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> October 16,2023 <br /> 6:00 o'clock p.m. <br /> Nye said as proposed it would be about six feet from the property line.The side-yard setback variance is <br /> not needed if they drop the outdoor kitchen. <br /> Libby asked if there would be space to move the wall so the applicant could still have the accessory <br /> kitchen. <br /> The applicant said moving it that close to the house doesn't make any sense. <br /> Ressler said he would not support a six-foot wall but a fence would be acceptable at a height of six feet. <br /> McCutchen moved, Schultze seconded,to recommend approval of LA23-000059,980 Tonkawa <br /> Road,Variance for Average Lakeshore Setback removing the outdoor kitchen.VOTE: Ayes: 5, <br /> Nays 1 (Ressler). <br /> 7. LA23-000054 TEXT AMENDMENT WITHIN CHAPTER 78 WHICH <br /> CONTEMPLATES THE ALLOWANCE OF RETAINING WALLS WITHIN THE <br /> SHORE SETBACK ZONES <br /> Community Development Director Oakden explained the City Council processes many variances for <br /> retaining walls within the lakeshore setback every year.The Council directed staff to review the current <br /> regulations relating to retaining walls and determine of if any amendments to the City Code should be <br /> considered. City Staff presented information to the Council at the April 24,2023 and May 19,2023 work <br /> sessions which included general background information,examples of different types of walls and wall <br /> construction,guidance from the Comprehensive Plan,DNR and other lake area communities. Currently, <br /> the City Code prohibits retaining walls within the shore setback. The required shore setback for Lake <br /> Minnetonka is 75-feet. The strict prohibition presents multiple challenges for residents who are working <br /> to repair or replace failing walls or to address erosion issues.The current regulations do not provide any <br /> guidance for best practices regarding material, methods, or screening of walls. Staff recommends the <br /> Council amend the City Code to create an administrative process and a conditional use permit process to <br /> permit retaining walls within the shore setback on properties with specific conditions.Additionally, <br /> clarification to the definition of retaining walls and elimination of redundancy within the City Code will <br /> be achieved with the proposed ordinance, she said. The ordinance would allow for an administrative <br /> permit under some conditions and a conditional use permit process for others.To obtain a CUP it would <br /> require a public hearing and professional engineering.This would include new walls or walls with <br /> significant changes. Swapping out material on an existing wall up to four feet within the 75-foot <br /> Lakeshore Setback could be accomplished with the administrative permit. <br /> Chair Bollis opened the public hearing on the proposed ordinance revision at 8:39 p.m. <br /> There were no public comments. <br /> Chair Bollis closed the public hearing at 8:39 p.m. <br /> Bollis said he felt this was a needed change as retaining walls built in the 1970s are beginning to fail and <br /> new materials and techniques are now available. It would be good for residents to be able to address more <br /> of these with an administrative permit. <br /> Page 10 of 11 <br />