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r <br />MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, June 28,2004 <br />7:00 o’clock p.m. <br />(6. M4-2974 RELIANCE DEVELOPMENT COMPANY, LLP, WILLOW/12 (STONEBA Y <br />OVTLO^ A) - GENERAL DEVELOPMENTPLAN/HNAL PLAT, Continued) <br />Sansevere moved. White seconded, adopting ORDINANCE NO. 14, SERIES, an <br />Ordinance Amending the Municipal Code of Orono and Amending the Official Zoning Map <br />by Rezoning Properly within Ouliot A, Stonebay from PUD/B>6 Highway Commercial <br />District and adding Section 78-1010 Regarding Pianned Unit Deveiopment No. 4A - Fiie #04- <br />2974 adding Item #29 with language indicating that staff could accept or reject a proposed <br />subslanlialiy similar use to the permitted use section of the Code. VOTE: Ayes 4, .Nays 0. <br />White moved, McMilian seconded, to accept the PUD 4A Agreement and authorize Mayor <br />and staff to execute said agreement upon City Attorney aeceptance of final language. VOTE: <br />Ayes 4, Nays 0. <br />*7. #04-3009 JAMES AND DARCY LOFFLER, 1690 SlIADY^VOOD ROAD - <br />VARIANCE - RESOLUTION NO. 5202 <br />White moved, Sanseverc seconded, to adopt RESOLUTIO.N NO. 5202, a Resolution granting <br />lot area and hardcover variances in the 75-250’ setback zone to allow construction of a new <br />residence on the property located at 1690 Shadywood Road subject to all existing structures <br />being removed, the new house meets average setback and 75* setbacks, as well as other <br />required setbacks, and the City Engineer's approval of the grading and drainage plans prior <br />to issuance of a building permit. VOTE: ayes 4, .Nays 0. <br />8. #04-3016 HENRY LAZNIARZ OF WAYZATA DESION AND DEVELOP.MENT, 120 <br />BROWN ROAD SOUTH - PRD SUBDIVISION PRELIMINARY PLAT <br />Gaffron reported that this item was tabled at the June 14 meeting to allow the developer to preside <br />additional detail regarding proposed house locations, relationships to lot lines, setbacks, etc. While <br />Council indicated support for the concept of creating an ouliot for the areas to be preserved, they <br />were concerned about the clustering, building separation, and intensity of development in the <br />portion of the property being developed. Gaffron indicated that staff would recommend approval <br />of the proposed preliminary I’RD, subject to the 9 general and specific conditions noted w ithin the <br />staff memo dated June 24, 2004, and direction to draft a resolution for preliminary plat approval. <br />Gaffron pointed out that staff feels development of this site as PRD is an appropriate zoning and <br />win-win situation for the C'lty and the developer, since otherwise the 14 dry buildable acres might <br />put one of the homesites south of the creek ne.xt to the Luce Line. In addition, the FRD allow s the <br />City to impose a higher standard to mitigate any negative impacts of the clustering w hile <br />prescn ing substantial areas of wooded ‘dry buildable ’ land as open space that might otherw ise <br />have become hoiiKsites. He pointed out that in all 7 lots, it would be reasonable to require any new <br />con.struction to meet a 30’ setback from the other. <br />With regard to accessory buildings, Gaffron suggested the Council determine a standard that could <br />be put in place for this development concerning setbacks, buffers, etc. In addition. Gaffron slated <br />that stalf would recommend that no structures, no fences, no non-domestic animals (horses, sheep, <br />chickens, etc..) no tree or vegetation removal except by specific permit for maintenance, no <br />excavating or earth movement, be allow ed; except for the maintenance of w alking paths. <br />P.‘\GE 12 of 19 <br />J