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MINUTES OF .THE ORONO CITY COUNCIL MEETING MONDAY, April 23, 2001 *(#5) #01-2673 GARY GERMUNDSEN, 4101 HIGHWOOD ROAD — VARIANCES — RESOLUTION NO.4645 Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4645, a Resolution granting renewal of variances to permit the construction of a new residence to replace the existing residence on the property located at 4101 Highwood Road. VOTE: Ayes 4, Nays 0. *(#6) #01-2669 RICHARD J. WETT, 1396 BALDUR PARK ROAD —VARIANCES — RESOLUTION NO.4646 Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4646, a Resolution granting an after -the -fact variance to hardcover to permit construction of a four foot overhang over an existing sidewalk on the street side of the residence located at 1396 Baldur Park Road. VOTE: Ayes 4, Nays 0. (#7) #01-2672 JIM & SHARON WALKER, 2685 NORTH SHORE DRIVE -CONDITIONAL USE PERMIT — RESOLUTION NO.4647 Jim Walker, Applicant, and Dave Erotas, Contractor, was present. Weinberger stated the Applicants have requested a conditional use permit for a guest apartment located within the proposed principal residence. The guest apartment would be located above the garage and connected to the main part of the house by a frilly enclosed walkway. Non -rental guest apartments are a conditional use in "R" districts. Orono's Code requires the guest apartment be for the sole use of the occupants of the principal residence, including their domestic employees or non- paying guests. One access door to the apartment must be provided from within the principal structure. In addition, the Applicants are also requesting a variance to permit two accessory buildings to remain on the lot. The buildings consist of a screen house located near the Lakeshore within the 0'75' setback and the second is a tower that has been on the property for many years. The existing house was originally constructed in approximately 1903. A condition of approval would be that no expansion or alteration of the buildings would be permitted since they are non -conforming. The Planning Commission voted 5 to 0 to recommend approval of the conditional use permit for the non -rental guest apartment and variance to permit the tower to remain on the property. The Planning Commission voted 4 to 1 to recommend approval of the variance to permit the screen house to remain on the property. It was the minority opinion that the screen house should be removed because it is a structure within 75 feet of the lakeshore of Lake Minnetonka. City Staff recommends approval of the conditional use permit and the variances. Flint stated he wanted to discuss the screen house. Flint noted the City receives a number of requests for repairs of structures. Flint stated he is comfortable with the resolution as presented. In his view the Applicants are attempting to maintain the historic look of the property, but due to the