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Mr. David R. Carlson October 12, 1992 Page 3 9. If all the 'foregoing concerns and issues are suitably resolved, there remains the issue of construction within the flood fringe district. Flood fringe district is defined as an area of land above the 929.4 ordinary high water level for Lake Minnetonka and the 931.5' one hundred year flood elevation. On the sketch I have approximately plotted the 931.5' contour, which shows that all existing buildings on both properties are within the flood fringe, and per our discussion, their replacements would similarly be within the flood fringe. The problem is that Orono's code does not list enclosed structures as a permitted/accessory/conditional use within the flood fringe district. The code does allow the Council to approve "other uses" through a conditional use permit provided that such use shall not restrict or obstruct any flood flow nor raise the level of any flood flow. Section 10.55, Subd. 12 outlines the factors the City must use in reviewing the conditional use permit. It is my understanding after discussions with the DNR and the Minnehaha Creek Watershed District that their rules and regulations would allow a structure in the flood fringe subject to meeting specific flood proofing standards and providing equivalent storage on the site, likely by excavating an area equivalent to the encroachment. In summary, your proposed lot line rearrangement and construction/reconstruction of cabins on the property would involve an average lakeshore setback variance, a conditional use permit for work in the flood fringe district, finalization of the lot area variance for the easterly property, and approval of the setback/lot width interpretation as diagramed. Finally, there is a possibility that the Planning Commission and Council will interpret Section 10.31, Subd. 7 from the standpoint that we are creating a new lakeshore lot and therefore it should have no less than 200' in width measured at the shoreline and at the building site (or at the 75' setback). This would have a significant impact on your proposed building site, and obviously is not in the scheme of your intent. If this interpretation was held by the Planning Commission and Council, this would be another area in which you might ask for a variance.