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. � <br /> MINUTES OI'TI�E ���---� <br /> ORONO CITY COUNCIL MEETING <br /> Mouday,February 13,2006 <br /> 7:00 o'clock p.m. <br /> VOTE: Ayes 4,Nays 0. <br /> *10. #06-3166 STEVEN R. JACOBS�N,4185 SIXTII AVENUE NORTH—VARIANC�S— <br /> RESOLUTION NO. <br /> Murphy moved,Sansevere secoiided, to adopt RESOLUTION NO. , a Resolution grautiug froiit <br /> and rear setbacic vai-ia�ices for 4185 Sixth Avenue North. VOTE: Ayes 4, Nays 0. <br /> 11. #06-3171 JOHN AND JOAN BROOKS, 905 FERNDALE ROAD WEST—VAItIANCE <br /> AND CONDITIONAL USE PERMIT <br /> 7o1m Brooks, Applicant, and Clu-istine Albertsson,Architect,were present. <br /> Gaffi-on stated the applicants are requesting variances for lakeshore setback and hardcover in the 0-75' in <br /> order to relocate and recoustruct an existing deck and access stairway. In addition, the applicants are also <br /> requesting a conditional use perniit to allow for installation of plumbing consisting of a toilet, lavatory <br /> and sinlc iiito the existing nonconfoi7iling lakeshore accessory building. Tlie pro�osed cosmetic changes <br /> to the existing accessory building have been deterruined not to require special zonulg approvals. Gaffron <br /> noted the request for replacement of an existing fence completely within the right-of-way of West <br /> Fenidale Road is beyond the scope of the variance process and is subj ect to the provisions of Municipal <br /> Code Section 18-2 regarding obstnictions within tlie right-oi-way, and io tlle provisions of ivlimlesota <br /> Statutes re�arding reconstruction of nonconfornlities. <br /> The Plaruling Commission reconunended cienial of the hardcover variance and CUP for pluulbing in an <br /> accessory sti-ucture on the basis that both replacement/relocation of the deck and installation of a toilet in <br /> the accessory building would constitute expansion of a noncoiifoniiin;use. It was noted that replacement <br /> of the staiitivay down the steep slope to the lower level could be accomplished without variance approval. <br /> The Plamiing Commission relied more on the basis that relocation and reconstruction of the existing deck <br /> to a location that is still within 75' of the lakeshore is prolonging an existing nonconfoi7nity that the City <br /> PAGE 12 of 31 <br />