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Request for Council Action continued <br />Page 3 <br />June 22,2000 <br />#2555 Hennepin County ________ <br />3.Variance to the provision of the Zoning Code that prohibits expansion of a non-conforming <br />use . A recent Court decision has held that a city can grant a variance to the provision of the <br />Zoning Code that prohibits expansion of a non-conforming use. This would enable the <br />construction of the salt/sand storage building while retaining the non-conforming status of <br />the County public works facility use on the site. <br />4.Conditional Use Permit for the grading on the property and construction of the stormwater <br />management pond. (Section 10.03, Subdivisions 19-21). The wetland alteration will occur <br />within a non-City protected wetland, however the wetland is protected by the WCA and will <br />require a MCWD permit and may require approval by the Corps of Engineers. This wetland <br />and the wetland located over the southwest comer of the property are subject to a protective <br />covenant filed in the chain of title of the affected property, as an advisory to any future <br />property owner that the wetland will be subject to WCA regulation and/or Corps of Engineer <br />jurisdiction. The stormwater pond shall require the County file a Conservation and Flowage <br />Easement on the chain of title. <br />Staff Recommendation: <br />Staff recommends approval of the required variances and the conditional use permit to enable the <br />construction of the salt/sand storage building and the stormwater management pond. <br />Planning Commbsion Recommendation: <br />The Planning Commission voted 4 to 0 to recommend denial of the revised application based on the <br />following comments: <br />1.The Comprehensive Plan has guided the propertv for residential use. The proposed expanded <br />use is much more intense than what the properi'; is currently used for. <br />2. There was concern continued use of the site impacts u.c water quality of Lake Minnetonka. <br />3.The City of Orono rezoned the property from commercial to residential in the early 1970s. <br />Approving a Code Amendment to permit this type of use in the LR-1 C district would not be <br />in keeping with the intent of the Comprehensive Plan, so it should remain in a non- <br />conforming status. <br />4.Other sites in the area have not been explored to accommodate the salt and sand storage <br />building. The applicants were advised to research other locations that may be feasible. <br />COUNCIL ACTION REQUESTED: <br />To adopt or amend the resolution attached as Exhibit A.