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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. (#04-3042 Pillar Homes, Continued) the-fact conditional use pe1mit to seek approval if the excess fill was not going to be removed. The home was issued a temporary certificate of occupancy with the removal or approval of the fill as the only outstanding issue. Staff is requesting that any approval be contingent upon implementation of the City Engineer's recommendations, which includes repair of the swales along the north and south property lines. Staff is also requesting the Planning Commission discuss whether the additional fill creates a negative visual situation for the directly impacted neighbors to the north and south and also on the neighborhood as a whole. Gundlach noted the City Engineer is available tonight to answer any questions. Shem1ack, Pillar Homes, stated he oversaw this project from start to firtish. Shermack indicated he was not informed of the need for a conditional use pennit in the fall when he applied for the grading permit. Shem1ack acknowledged that the amount of fill brought onto this lot is over the limit allowed by the City without a conditional use pennit. Shem1ack stated his main concern at the time of construction was the water level of Lake Minnetonka and that all of the fill was brought to the off- lakeside and has nothing to do with the east side, the west side, and the lakeside. Subsequently the home was constructed, with extra caution being taken to ensure that the home was being constructed above the high water level of Lake Minnetonka. Shermack stated in his view the important factor in constructing this home was the lakeside portion of the residence and not the front of the residence. Shem1ack stated the fill was primarily brought in for the driveway. Shermack indicated the home was constructed according to the survey, with periodic inspections being perforn1ed by City Staff on different aspects of the house. Shermack indicated the homeowner over the winter requested to meet with a landscape architect and specified certain landscaping features be constructed as paii of this project. Following that meeting with the landscape architect, additional fill was brought in. Shennack pointed out this property is a large parcel and there is plenty of room to grade the extra fill in. Shennack stated the fill was brought in to help achieve access with Bohn's Point Road in accordance with the property owner's wishes. Shem1ack stated during the off-season the homeowner also requested some very key trees be removed because of dead growth towards the bottom of the trees. The removal of the trees affected the original grading plan. In addition, the property owner asked that the grade be raised and that new pine trees be planted. Shennack stated the fill was also requested by the homeowner in an effort to make the driveway more acceptable in their opinion. As the end of the project neared, the landscaping plan was submitted to the City. Shermack noted there was no attempt to deceive the neighbors during this project or the City. A number of open houses and social functions were held at this residence, with the neighbors being kept apprised of the project. Shennack stated the one resident that has complained is a fairly new resident to the neighborhood with the home being purchased in April. Shermack noted this particular resident has not yet moved into the property at the present time. PAGES