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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, December 14, 2009 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br /> Page 6 of 17 <br /> <br />(5. #09-3418 DENNIS BATTY ON BEHALF OF IRFAN HABIB, 3421-3425 SHORELINE <br />DRIVE, Continued) <br /> <br />White commented it is nice to see interest in improving the Navarre area. <br /> <br />Bremer moved, Murphy seconded, to send Application #09-3418, Dennis Batty on behalf of Irfan <br />Habib, 3421-3425 Shoreline Drive, back to the Planning Commission for their review and input. <br />VOTE: Ayes 5, Nays 0. <br /> <br />*6. #09-3400 MITCH COOK ON BEHALF OF CENTRAL BANK, 2405 AND 2415 KELLEY <br />PARKWAY – EXTENSION OF TIME TO FILE FINAL PLAT – RESOLUTION NO. 5893 <br /> <br />Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5893, a Resolution Amending <br />Resolution Nos. 5704, 5747, and 5828, and Extending the Time Allowed for Filing the Plat of <br />Stonebay Commercial. VOTE: Ayes 3, Nays 0. <br /> <br />*7. #09-3432 CHRIS GERARDI, GENERAL MANAGER ON BEHALF OF WAYZATA <br />COUNTRY CLUB, 200 WAYZATA BOULEVARD WEST – CONDITIONAL USE PERMIT <br />AMENDMENT FOR MAINTENANCE BUILDING AT 430 OLD LONG LAKE ROAD – <br />RESOLUTION NO. 5894 <br /> <br />Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5894, a Resolution Granting a <br />Conditional Use Permit for an Addition to the Maintenance Building. VOTE: Ayes 3, Nays 0. <br /> <br />8. #09-3433 RICHARD HANSON, 340 BIG ISLAND – VARIANCE AND STREET <br />VACATION <br /> <br />Jeff Lambert, Attorney-at-Law, appeared on behalf of Mr. Hanson. <br /> <br />Turner noted this is a two-part application, with the applicant requesting vacation of a portion of <br />unimproved Meta-Comet Avenue and a lot area variance. The portion of right-of-way Mr. Hanson <br />wishes vacated is surrounded by Mr. Hanson’s property and does not extend to the lake. <br /> <br />At the public hearing, the owner of 330 Big Island objected to the vacation as it would close off access to <br />the “beach” at the lake at the lake end of Meta-Comet Avenue. It was also his understanding that the <br />right-of-way extended to the lake. In 2000, the places on Big Island where rights of way extended to the <br />lake were inventoried as part of the review of a request by an inland property owner to place a dock at one <br />of them. At that time there were no surveys of 340 or 350 to show the location of Massasoit Avenue or <br />Meta-Comet Avenue in relation to the OHWL. On most maps, it appeared that they extended to the lake, <br />but the inventory notes that 1887 and 1922 plats show a platted lot between the lake and Massasoit and <br />Meta-Comet Avenues. At its closest point Meta-Comet Avenue is 38 feet from the OHWL. The “beach” <br />is considered private property. <br /> <br />Mr. Hanson has also had the property surveyed to more precisely locate the power line. In addition, the <br />cabin on the adjoining property was also located. The location of the cabin matches a 1994 survey of <br />Mr. Eiden’s property. There is approximately 12 feet of clearance between the westerly edge of the right- <br />of-way and the deck of the cabin. <br /> <br />Turner noted the lot area variance was applied for in 1986 by Mr. Hanson’s father. For some reason it <br />was never processed. <br />Item #02 - CC Agenda - 01/11/2010 <br />Approval of Council Minutes 12/14/09 [Page 6 of 17]