05-09-2005 Council Packet - Laserfiche WebLink

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. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25,2005 7:00 o’clock p.m. (8.805-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD, ContiHued) Acting Mayor Sansevere staled that it would be unprecedented to require a neighbor to be responsible for trees on another neighbor’s property due to construction. Attorney Barrett pointed out that, if the applicant crosses the property line, then he would be trespassing and precedent is set which would nuke him liable for damage. Though roots, which pass under property lines, on his property do not make him liable for the health of the tree. Planning Commissioner Jurgens suggested that the residents survey their properties and trees by a forester and take measures to protect their own trees. Acting Mayor Sansevere stated that the developer has met all of the cities requirements and that the Council has asked all that it can of the applicant While a developer and city is limited by what the codes establish, Murphy pointed out that the Council can still encourage a cooperative relationship between the parties so that a middle ground can be found. Mileusnic indicated dial the homeowners would like to take the 8 trees that their forester identified for the outlot and asked the developer if, the neighbors marked the trees, could he avoid removing them and giving the homeowners time to move them. Carlson agreed. McMillan stated that she was hopeful that all would work out well for both parties in this delicate situation where both parties have property rights and a balance between give and take must be struck. She encouraged the homeowners to plant a variety of differing species of trees for the best growth and buffer. WMta aiovod, McMlUaa sccoadcd to direct staff to draft a rcsolotloa to approve the Geaeral DavalopMCBt Flaa, Plaal Plat approval, Commercial Site Pbm approval, and PUD for Amber Woods Ofliee Ceater at 2060 Wayiata Boalevard West ackaowledgiBg the developers wUHagaesi to ptaat trees oa the Sagarwoods homeowners assoclatioa oatlot and amve Biarked trees from the site to the oatlot VOTE: Ayes 4, Nays 0. *9, MS-3006 PmUP ORDWAY, 114S SIXTH AVENUE NORTH - VARIANCE - RESOLUTION NO. S31S Marphy awved, White seconded, to adopt RESOLUTION NO. S315, a Resolatloa granting Maff Impact aoae, biaff setback, and average setback variances per the revised site plan, and sabjcct to staff recommendatioBS to constrnct a new home at 114S Sixth Avenne North. VOTE: Ayes 4, nays 0 PAGE 7 of 10 C