08-28-1989 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989 • ZONING FILE #1429- BURGESS CONTINUED that he had submitted a letter spelling out his hardships. City Administrator Bernhardson said that the people responsible for drafting the ordinances in 1960/1970 chose not to have these matters addressed on a case -by -case basis. They chose to state that no excavation could occur within 0 -75' of Lake Minnetonka unless a hardship is demonstrated. Councilmember Goetten interjected that Mr. Brad VanNest was one of the persons responsible for the development of the City Ordinances pertaining to the lakeshore. Mr. Burgess said that significant portions of the bank had fallen into the Lake and unless something was done, more bank would be washed away. Councilmember Goetten said that the City staff would be willing to work with Mr. Burgess in that regard, but that the erosion and walk -out were two separate issues. Mayor Grabek stated that erosion of the bank was not a hardship to warrant a walk -out. Councilmember Goetten asked Mr. Burgess if he had met with the City staff to discuss restoration of his bank? Mr. Burgess stated that he had met with Mr. Gaf f ron and Mr. Cook. He said that Mr. Cook had recommended that fabric be installed and a beneficial amount of sloping be done. Mr. Burgess said that Mr. • Cook indicated that the City preferred to have vegetation rather than retaining wall. Mr. Burgess said that he would have no problem implementing those recommendations. Mr. Berg said that he had taken the time to go back and track Orono's ordinances as they changed. He said the prohibitions about disturbing the Lake had always existed. The difference came when Orono required a permit to disturb the lakeshore and proof that such disturbance would meet the goals of the Community for preserving the lakeshore. Mr. Berg said that in 1975, Orono decided to stop reviewing the aspects of the permits, but rather chose to deny them as a whole. Mr. Berg said that in examining the precedent aspect of denying this type of an application, that he could distinguish Mr. Burgess's proposal from others. He said that Mr. Burgess's proposal also addresses all of the engineering concerns. Mr. Berg noted that the existing house encroaches 35' into the 0 -75' setback zone. The proposed residence would allow hardcover to be totally eliminated in that area and remain the same in the 75 -250' zone. He said that the walk -out was an additional benefit. Mr. Berg asked to have the 6 reasons supporting denial of this application included in the record (see MPG memo 7/13/89). It was moved by Mayor Grabek, seconded by Councilmember Goetten, to deny application #1429. Councilmember Goetten said • that she would like to give Mr. Burgess the opportunity to revise his proposal and go back before the Planning Commission. Councilmember Nettles reiterated Councilmember Goetten's comments regardin4 the City's consistency in denying applications A