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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o'clock p .m . (5. #09-3418 DENNIS BATTY ON BEHALF OF IRFAN HABIB, 3421-3425 SHORE, NE White comme edit is nice to see interest in improving the Navarre area. Bremer moved, Mu y seconded, to send Application #09-3418, Den · Batty on behalf of Irfan Habib, 3421 -3425 Shore· e Drive, back to the Planning Commiss· for their review and input. VOTE: Ayes 5, Nays 0. *6. #09 -3400 MITCH COOK BEHALF OF C TRAL BANK, 2405 AND 2415 KELLEY PARKWAY-EXTENSION OF TIME AL PLAT-RESOLUTION NO . 5893 Murphy moved, McMillan seconded, to ado OLUTION NO. 5893, a Resolution Amending Resolution Nos. 5704, 5747, and 5828, a Extending Stonebay Commercial. VOTE: Ay , Nays 0. *7. #09 -3432 CHRIS G .......... ~ ... iJI, GENERAL MANAGER O EHALF OF WAYZATA COUNTRY CLUB, 200 AYZATA BOULEY ARD WEST-CONDI ONAL USE PERMIT AMENDMENT FO.a.vn .11.r>..U TENANCE BUILDING AT 430 OLD LONG KE ROAD - RESOLUTION . 5894 Murphy ved, McMillan seconded, to adopt RESOLUTION NO. 5894, a Resolutio Granting a Condi · nal Use Permit for an Addition to the Maintenance Building. VOTE: Ayes 3, ys 0. 8. #09 -3433 RICHARD HANSON, 340 BIG ISLAl\"'D -VARIAN CE AND STREET VACATION Jeff Lambert, Attorney-at-Law , appeared on behalf of Mr. Hanson. Turner noted this is a two-part application, with the applicant requesting vacation of a portion of unimproved Meta-Comet Avenue and a lot area variance. The portion ofright-of-way Mr. Hanson wishes vacated is surrounded by Mr. Hanson's property and does not extend to the lake. At the public hearing, the owner of 330 Big Island objected to the vacation as it would close off access to the "beach" at the lake at the lake end of Meta-Comet Avenue. It was also his understanding that the right-of-way extended to the lake. In 2000 , the p laces on Big Island where rights of way extended to the lake were inventoried as part of the review of a request by an inland property owner to place a dock at one of them. At that time there were no surveys of 340 or 350 to show the location of Massasoit Avenue or Meta-Comet Avenue in relation to the OHWL. On most maps, it appeared that they extended to the lake , but the inventory notes that 1887 and 1922 plats show a platted lot between the lake and Massasoit and Meta-Comet Avenues. At its closest point Meta-Comet Avenue is 38 feet from the OHWL. The "beach" is considered private property. Mr. Hanson has also had the property surveyed to more precisely locate the power line . In addition , the cabin on the adjoining property was also located . The location of the cabin matches a 1994 surve y of Mr. Eiden 's property. There is approximately 12 feet of clearance between the westerly edge of the right- of-way and the deck of the cabin . Turner noted the lot area variance was applied for in 1986 by Mr. Hanson 's father. For some reason it was never processed . -----------------Page 6 of 17 t