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ORONO CITY COUNCIL MEETING <br />MONDAY, JULY 8,2002 <br />M02-2780 Otten Brothers Nursery, 2350 ff^est fyayzata Boulevard—Amendment to <br />PUD Agreement #/—PUD Amendment and Resolution No, 4829 — <br />Continued <br />prevent needing an amendment to the PUD. Weinberger stated that the new resolution <br />allowed a Class I restaurant on the property in addition to the concession stand as <br />accessory to retail. <br />Sansevere asked if the dance studio left, would a restaurant be able to take its place. <br />Weinberger stated that it would, provided it met all the requirements. <br />Otten stated that the difference was between needing a review to install a restaurant and <br />needing a PUD amendment. If restaurants were an allowed use, then there would no <br />longer be a need for a PUD amendment. <br />Murphy asked why they were allowing both a restaurant use and a concession stand. <br />Weinberger stated it was because of the parking requirements. The concession stand <br />would be allowed to remain without any changes to the facility. If, however, Mr. Otten <br />wanted to install a Class I restaurant on the property, he would be allowed to do so <br />provided he met all the requirements. <br />Barrett stated that item 3B could read: the present concession stand use shall be allowed to <br />be expanded to a Class I restaurant so long as it conforms to all requirements, and if not, it <br />would require an amendment to the PUD. <br />Murphy moved, and Sansevere seconded, to adopt Resolution No. 4829 approving <br />Amendment #2 to PUD Agreement No. 1 allowing a concession stand use within the <br />nursery area and adding **Class I Restaurants” as permitted use for Lot 1, with the <br />change to Item 3B stating that the present concession stand use shall be allowed to be <br />expanded to a Class I restaurant so long as it conforms to all requirements, and if <br />not, it would require an amendment to the PUD. <br />Vote: Ayes 4, Nays 0. <br />6. #02-2793 Revis Stephenson, 1850 Fox Ridge Road—After-thc-Fact Conditional <br />Use Permit and Variances <br />Revis Stephenson, applicant; Greg Munson, attorney; and Ron Peterson, wetland scientist, <br />were present. <br />Weinberger stated that the Council had approved a CUP for land alteration on the property <br />in November to create a gradual slope, rather than the existing steep drop from the <br />immediate back yard of the applicant’s house. During inspections of the property it was <br />determined that ^e amount of fill placed on the hillside exceeded what was allowed by <br />the CUP. The land alteration not only encroached beyond the project area, but was