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To;Mayor Grabek S Orono Council Members <br />Planning Commission Chairman Kelley <br />Orono Planning Commission Members <br />City Administrator Bernhardson <br />Pros: Jeanne A. Mabusth^ Building & Zoning Administrator <br />Date; <br />Subject: <br />June 12, 1990 <br />#1512 Steven J. Ruce, 4625 West Branch Road <br />After-the-Fact Conditional Use Permit/Variance <br />Continuation of Public Hearing <br />Review of Pertinent Ordinance- <br />Section 10.03, Subdivision 19; Conditional use permit <br />requried for land alterations in excess of 100 cubic yards and <br />installation of retaining walls ranging in height from 3' to <br />5'6". At April meeting of Planning Commission, Commission <br />members conceptually approved a conditional use permit for the <br />specific improvement. <br />Section 10.03, Subdivision 15 and Section 10.08, Subdivision <br />5 (B): Retaining walls in excess of 3'6" in height become an <br />encroachment requiring a setback. The following variances were <br />also conceptually approved by Planning Commission members; <br />Required setback = 50' <br />Proposed = 8' <br />Variance = 42' <br />Allowed Height “ 3'6" <br />Proposed = 4'4" within required 50 front yard setback <br />Section 10.20, Subdivision 30 and Section 10.20, <br />Subdivision 4; Although the plantings within the tiered garden <br />area are used for clients yards and experimentation. Planning <br />Commission members concurred that external appearance of tiered <br />planted area is a garden, individual who maintains garden is <br />hired by Mr. Puce and is not an employee of his business. This <br />individual functions as any gardener for any private resident <br />thus the area variance for crop conditional use permit under <br />Section 10.20, Subdivision 30 is not required as garden is an <br />approved accessory use requiring no area allotment. <br />Section 10.20, Subdivision 4 (A); Home occupation is <br />required for Mr. Ruce's business. As requested, Mr. Ruce has <br />submitted a home occupation license and will seek a variance tc <br />the standard that would require persons engaged in the business <br />reside in the dwelling, and that there be no outside employees <br />working at the home occupation.