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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8,2004 7:00 o’clock p.m. Bohl stated that it was the intent of the applicant to allow for two residential lots from the beginning, and they have been taxed accordingly. He felt the trunk fees to be excessive for one lot. White moved, Sansevere seconded, to adopt RESOLUTION NO. 5128 granting Preliminary Subdivision Approval for Property located at 3220*3240 Watertown Road - File no. 2971. VOTE: Ayes 5, Nays 0. 10. #04-2973 MINNETONKA CUSTOM HOMES. 4753 NORTH SHORE DRIVE - VARIANCE Gundlach stated that the applicant requests the follow'ing in conjunction with a previously approved project: A conditional use permit to allow retaining walls to be constructed within 5 ’ of the property line. She explained that the City Engineer visited the site with the City Building Inspector and made specific recommendations which were incorporated as part of a Planning Commission recommendation: however, the applicants arc still requesting a conditional use permit to allow the retaining walls to remain within S’ of the property line. Gundlach indicated that staff would recommend denial of the application consistent with City Building Inspector Bruce Vang’s comments to allow a 4’ setback for a retaining wall when 5 ’ is normally required. Murphy questioned whether allowing the extra foot for the side entrance was a matter of safety. Bob Piper and Steve Sexton, of Minnetonka Custom Homes, indicated that they placed the safety railing inside the block retaining wall. Gaffron pointed out that the original plans the Planning Commission saw showed the entrance facing the street and not a side entrance. McMillan pointed out that there is a drainage problem that needs to be addressed and that is why the Engineer had suggested a S’ separation and construction of a drainage swale instead of retaining walls. White moved, Sansevere seconded, to deny the conditional use permit request to allow a retaining wall within S* of the property boundary as the plans can be revised to eliminate approval of the conditional use permit, and direct staff to draft a denial resolution for the next regularly scheduled City Council meeting. VOTE: Ayes 5, Nays 0. 11. #04-2976 JAMES AND JUDITH PIERPONT, 1801 WEST FARM ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 5129 Gaflron explained that the Council tabled this item on February 9, 2004 and directed staff to explore ways to allow the kitchen to remain. Gaffron stated that the primary issue is whether to allow retention of the kitchen, or whether even just the sink, will be allowed. He maintained that it has been staffs opinion that the existence of the kitchen is what functionally differentiates a ‘guest house’ from an ‘accessory building with plumbing’, and is what gives the guest house the ability to function as a dwelling. PAGE 8 of 16 •r ' i