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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> Tuesday,February 19,2002 <br /> 6:30 o'clock p.m. <br /> (#02-2746 Mark Finney, Continued) <br /> Smith moved,Mabusth seconded,to recommend approval of Application#02-2746,Mark Finney, <br /> 3210 North Shore Drive,granting a hardcover variance to allow 3,838 square feet of hardcover <br /> within the 75-250' setback, and granting a side yard setback with the understanding the <br /> setback of the addition will match the setback of the existing house, and with the understanding <br /> the Applicant will not exceed 750 square feet on the detached garage. VOTE: Ayes 6,Nays 0. <br /> (#9) #02-2747 TONKA VENTURES,3749 LIVINGSTON AVENUE,VACATION, <br /> 9:47 p.m.— 10:05 p.m. <br /> A representative of Eagle Crest was present. <br /> The Certificate of Mailing and Affidavit of Publication were noted. <br /> Weinberger stated Eagle Crest is requesting a vacation of a portion of a dedicated drainage and utility <br /> easement. The drainage and utility easement was dedicated on the plat of Lake Minnetonka Woods <br /> in 1999. <br /> The purpose of the proposed vacation request is to construct an end town house unit 1.5 feet into the <br /> easement area. The request would vacate an area less than 10 square feet in area. The easement area <br /> contains both a sewer line and water main. The sewer line would be located 7.8' from the foundation <br /> when the building is constructed. The City has notified the utility companies of the request to vacate a <br /> portion of the easement. No concerns from those utilities notified have been received. Qwest and <br /> Reliant Energy/Minnegasco have both responded and stated they have no facilities within the easement <br /> area. <br /> Weinberger stated the City Engineer has reviewed the plans, and commented that there is a low <br /> likelihood that there would need to be maintenance done to this section of the pipe. Weinberger stated <br /> if there is ever an issue with the sewer line near the building,there are methods available to the utilities <br /> to access the sewer line within the easement. <br /> Staff recommends approval of the vacation request to vacate a portion of the drainage and utility <br /> easement as shown on the plat of Lake Minnetonka Woods based on the fact that the public use of the <br /> easement for sewer and water purposes is not negatively impacted by the vacation and no negative <br /> comments have been received from public utilities. Weinberger recommended the approval be made <br /> subject to the Applicant providing final "as-built"plans for the entire development of Lake Minnetonka <br /> Woods prior to review of the vacation request by the City Council. <br /> The Eagle Crest Representative had nothing in addition to Staff's report. <br /> Douglas Nieland, 3675 Lyric Avenue, distributed photos of the hill in the area. Nieland stated he has <br /> experienced drainage problems following regrading of the hill. Nieland stated the trees that were to be <br /> replaced have not yet been planted as well as some divots in his yard which also have not been repaired <br /> following construction of a trench. Nieland stated he has spoken with Eagle Crest regarding those <br /> problems,who has indicated it was the developer that should be contacted. Nieland stated he has yet to <br /> be contacted by the developer. <br /> PAGE 21 <br />