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MINUTES OF THE ONO CITY COUNCIL MEETING Monday,June 14,2004 7:00 o'clock p.m. *10. #04-3006 AULIK COMP ANY ON BEHALF OF BARTHOLOMEW AND ELIZABETH BUTZER, 2625 NORTH SHORE DRIVE -VARIANCE/CONDITIONAL USE PERMIT - RESOLUTION NO. 5193 Murphy moved, White seconded, to adopt RESOLUTION NO. 5193, a Resolution granting a conditional use permit to allow plumbing in an accessory building in accordance with Municipal Zoning Code Section 78-418(6) and a hardcover variance to permit 30% hardcover in the 75'-250' zone when 25% is normally allowed and 33% currently exists in accordance with Municipal Zoning Code Sections 78-282 and 78-1288 for the Aulik Company on behalf of Bartholomew and Elizabeth Butzer at 2625 North Shore Drive. VOTE: Ayes 5, Nays 0. *11. #04-3008 STEVEN VALEK AND RALPH PALMER, 4720-4750 TONKA VIEW LANE - LOT LINE REARRANGEMENT-RESOLUTION NO. 5194 Murphy moved, White seconded, to adopt RESOLUTION NO. 5194, a Resolution granting preliminary subdivision approval for a three (3) lot residential re-plat where five (5) lots (four tax parcels) currently exist at 4720/4750 Tonkaview Lane for Steven Valek and Ralph Palmer. VOTE: Ayes 5, Nays 0. 12. #04-3012 ROGER D. O'SHAUGHNESSY, 1265 BRACKETTS POINT ROAD - VARIANCES/CONDITIONAL USE PERMITS -RESOLUTION NO. 5195 Curtis introduced Susan Steinwall, applicant's attorney, representing the applicant. Curtis explained the applicant is requesting the following variances and conditional use pennits: 1. A hardcover variance to allow 43 8 s.f. of hardcover within the 0-75' zone in order to constrnct a 4' wide boardwalk to the shore ending with a 177 s.f. landing in conjunction with a floodplain restoration and buffer project. 2. A lake setback variance in order to construct a wire mesh fence along Brackett's Point Road within 75'ofthe OHWL extending to the northeast 56'3". 3. A conditional use pem1it and variance to allow grading, filling and retaining wall constrnction within the floodplain . 4. A conditional use permit in order to construct chimneys 40'8" in height where 30' is allowed and a 50% height increase is pennitted by conditional use pennit. Cmiis reported at its May 17, 2004 meeting, the Planning Commission voted 5-2 to recommend approval of conditional use pe1mit for the chimney heights and approval of the variance and conditional use pe1mit for construction and fill within the floodplain incorporating the recommendations of the MCWD and the City Engineer. The Planning Commission recommended denial of the hardcover variance and variance to allow a fence within 7 5' of the lake. She reported the two dissenting Commissioners felt the proposed floodplain restoration was a valuable project and they wanted to support approval of some hardcover variance for the boardwalk within 75' of the 0HWL for the floodplain restoration project. Cmiis concuned with the Planning Commission 's recommendations, noting there were no hardships to support the hardcover or fence variances. Page 9 of22