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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,October 18,2004 <br /> 6:00 o'clock p.m. <br /> (#04-3042 Pillar Homes,Continued) <br /> the-fact conditional use permit to seek approval if the excess fill was not going to be removed. The <br /> home was issued a temporary certificate of occupancy with the removal or approval of the fill as the <br /> only outstanding issue. <br /> Staff is requesting that any approval be contingent upon implementation of the City Engineer's <br /> recommendations,which includes repair of the swales along the north and south property lines. Staff <br /> is also requesting the Planning Commission discuss whether the additional fill creates a negative <br /> visual situation for the directly impacted neighbors to the north and south and also on the <br /> neighborhood as a whole. <br /> Gundlach noted the City Engineer is available tonight to answer any questions. <br /> Shermack,Pillar Homes, stated he oversaw this project from start to finish. Shermack indicated he <br /> was not informed of the need for a conditional use permit in the fall when he applied for the grading <br /> permit. Shermack acknowledged that the amount of fill brought onto this lot is over the limit allowed <br /> by the City without a conditional use permit. Shermack stated his main concern at the time of <br /> construction was the water level of Lake Minnetonka and that all of the fill was brought to the off- <br /> lakeside and has nothing to do with the east side,the west side, and the lakeside. Subsequently the <br /> home was constructed,with extra caution being taken to ensure that the home was being constructed <br /> above the high water level of Lake Minnetonka. Shermack stated in his view the important factor in <br /> constructing this home was the lakeside portion of the residence and not the front of the residence. <br /> Shermack stated the fill was primarily brought in for the driveway. Shermack indicated the home was <br /> constructed according to the survey,with periodic inspections being performed by City Staff on <br /> different aspects of the house. <br /> Shermack indicated the homeowner over the winter requested to meet with a landscape architect and <br /> specified certain landscaping features be constructed as part of this project. Following that meeting <br /> with the landscape architect, additional fill was brought in. Shermack pointed out this property is a <br /> large parcel and there is plenty of room to grade the extra fill in. Shermack stated the fill was brought <br /> in to help achieve access with Bohn's Point Road in accordance with the property owner's wishes. <br /> Shermack stated during the off-season the homeowner also requested some very key trees be removed <br /> because of dead growth towards the bottom of the trees. The removal of the trees affected the original <br /> grading plan. In addition, the property owner asked that the grade be raised and that new pine trees be <br /> planted. Shermack stated the fill was also requested by the homeowner in an effort to make the <br /> driveway more acceptable in their opinion. As the end of the project neared,the landscaping plan was <br /> submitted to the City. <br /> Shermack noted there was no attempt to deceive the neighbors during this project or the City. A <br /> number of open houses and social functions were held at this residence,with the neighbors being kept <br /> apprised of the project. Shermack stated the one resident that has complained is a fairly new resident <br /> to the neighborhood with the home being purchased in April. Shermack noted this particular resident <br /> has not yet moved into the property at the present time. <br /> PAGE 8 <br />