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MmUTBS OF THE PIAMNING COMMISSIOH MATING HELD EDGIiST 15, 1988 <br />ATTENDANCE 7:00 P.M. <br />The Orono Planning Commission met on the abo^e date with the <br />following members present: Chairman Kelley, Jahriion, Bellows, <br />Moos; Cohen arrived at 7:05 p.m and Brown arrived at 7:20 p.m. <br />The following represented the City staff: Building & Zoning <br />Administrator Mabusth, Assistant Planning & Zoning Administrator <br />Gaffron, and City Recorder Scheffler. Council Representative <br />Goetten attended and CounciImemberjCa11ahan was also present. <br />#1309 GERALD NELSON <br />1629 BOHN'S POINT ROAD <br />AFTER-THE-FACT CONDITIONAL USE PERMIT <br />PUBLIC HEARING - 7:00 P.M. TO 7:20 P.M. <br />The Affidavit of Publication and Certificate of Hailing were <br />noted. <br />The applicants were present for this matter. <br />Building and Zoning Administrator Mabusth explained that <br />applicants were seeking an after-the-fact application for <br />approval of hardcover and excavation within the 75* setback area <br />and the flood plain. This matter had been reviewed back in 1985 <br />by the Planning Commission and City Council. Krutzig Builders <br />• as issued a building permit and advised that hardcover within <br />the 75-250* setback area exceeded the 4,725 s.f. allowed in that <br />area. Krutzig filed a variance application which was denied. <br />However, because of various engineering designs submitted with <br />that application, the builder did receive approval to build a 900 <br />s.f. deck in the lakeshore yard, which was not considered <br />hardcover. <br />The Resolution stated that certain drainage changes had to <br />be made which involved the installation of swales along both <br />sides of the property. The swale on the south lot line had to be <br />one foot lower in elevation than the east property owners* <br />driveway elevation. Mabusth stated that the City had never <br />approved the drainage on the property. There have been no <br />problems with the swale on the north side of the property, but <br />there has been trouble with drainage on the south side of the <br />property. Upon inspection of the property, Mabusth noted that <br />the south swale does not conform to the specifications set out by <br />the City Engineer. <br />Applicants have installed an excavated pond in the lakeshore <br />yard, with a plastic underliner. There are boulders outlining <br />the pond which have filter fabric underneath them. There is also <br />fill that has been placed within the flood plain of Lake <br />Minnetonka . <br />There was some discussion on behalf of applicants and the <br />Commission members regarding who was responsibile for the <br />existing drainage problem. It was determined that Lyman Lumber