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MINUTES OF THE REGULAR ORONO COUNCIL, MEETING HELD JULY 8, 1985. PAGE: 5 <br />1930 JIM "AlAVE 14 <br />1080 F1:RNUALi•; WEST <br />VARIANCE <br />RESOLUTION #1792 <br />It was moved by Mayor Butler, seconded by Councilmember <br />Frahm, to approve Resolution #1791, a resolution for a <br />Conditional Use Permit required for non -rental, second <br />residential unit on the property. The residential unit will <br />be a guest apartment located above a detached garage. <br />Motion, Ayes (4), Nays (0). <br />Mr. Jim Shaver, applicant, and Mr. H.H. Tearse. owner were <br />present. John Taylor of Dorsey & Whitney was present <br />representing Mr. Tearse. Also present, was Walter <br />Rockenstein of Faegre & Benson representing adjoining <br />property owners. <br />City Administrator Bernhardson reported that (a )the <br />applicant needed a variance for construction of a residence <br />on a two acre lot that was restricted by the dry buildable <br />area, and (b)the issue of riparian rights to a separate <br />25'x25' parcel which is submerged. <br />Mr. John Taylor submitted a prepared opinion by adjoining <br />property owners for City Attorney Radio to consider. <br />Regarding the riparian issue, Mayor Butler felt that this <br />should be researched by the legal staff to determine whether <br />Mr. Shaver has a right to the lakeshore being it is lake <br />bottom. <br />Zoning Administrator Mabusth indicated that a house could be <br />built without any setback variances, but the specific design <br />of house proposed requires a variance to the rear lot line. <br />Mabusth also noted that the variance resolution should <br />include an area variance of 1.02 acres. <br />Councilmember Frahm indicated that the Resolution should <br />state that this is a zoned two acre lot but meets the <br />requirements of a one acre lot and that it is within the 80% <br />buildable dryland requirment. <br />It was moved by Councilmember Adams, seconded by <br />Councilmember Hammer -el, to approve Resolution $1792 as <br />amended. Motion, Ayes (5), Nays (0). <br />it was moved by Mayor Butler, s i�conded by Councilmember <br />Hammerel, to instruct the staff to research the riparian <br />rights issue and whether riparian rights have ever been given <br />on an easement. Motion, Ayes (5), Nays (0). <br />City Attorney Radio indicated that he will have a leg31 <br />report prepared by the August 12th Council meet inq. <br />