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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, June 27, 2011 · <br />7:00 o 'clock p.m. <br />0MMISSION COMMENTS -LINDA FEUSS, REPRES <br />PUBLIC COMMENTS <br />None <br />5. #10-3481 NICK AND JODEE KOZ:CAK, 1635 BOHNS POINT ROAD -REVISIT <br />VARIANCE APPROVAL <br />Franchot moved, Rahn seconded, to remove Application No. #10-3481 Nick and Jodee Kozlak, 1635 <br />Bohns Point Road, from the agenda atthe request of the applicants . VOTE: Ayes 5, Nays 0 . <br />* <br />RES <br />#11-3509 TOM AND MARGARET RADKE, 3424 EAST LAKE STREET-VARIAN <br />UTION NO. 6055 <br />Franchot m Yed , Rahn seconded, to adopt RESOLUTION NO. 6055, a Resolution G nting a <br />Variance to M · cipal Zoning Code Section 78-305 , for the property located at 34 ~ East Lake <br />Street~ VOTE: A s 5, Nays 0. <br />7. #11-3512 CITY F ORONO -ZONING CODE TEXT AMEND NTS TO SECTIONS <br />78-100; 78-121 THROUG 8-123; 78-1111, AND 78-1134 REGARD G VARIANCES- <br />ORDINANCE NO. 88, ERIES <br />Curtis stated as a result of the Krumme cher ruling , the state s tory language was recently revised to <br />reflect the requirement for demonstration o practical diffic when cities grant a zoning code <br />variance. The revision of the statute results in onsisten ·es between Orono 's Zoning Code and the <br />language in MN State Statute Chapter 462 . Curren , rono City Code is written to require <br />demonstration of a particular hardship or undue har · when granting a variance from City zoning code <br />requirements. There are six references to particu hards · or undue hardship in the City's current <br />language . The City Attorney has made the ap opriate chan to reflect the new statutory language. <br />On June 20 , 2011 , the Planning Commis ·on voted 6-0 to recomme d approval of the text amendments . <br />McMillan asked what impact this endment will have on Orono . <br />Curtis stated her experience th the new language is that the residents appear o understand the language <br />better rather than the te ardship that was used in the old st atute. <br />practical difficulties allow the landowner to explain what the p blem.is .and why <br />the code does no 1t their circumstances: It also allows them to explain how the changes ·n still be in <br />keeping with e character of the neighborhood. From a legal standpoint, there is some good idance on <br />how cities n determine practical difficulties and that he is satisfied and comfortable with the ch <br />Page 2 of 5 -----------------