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'V , <br />0 <br />ORONO CITY COUNCIL MEETING <br />MONDAY, JUNE 12, 2000 <br />4. #2557 Daniel and Judith McAthie,1449 Bay Ridge Road — Variance <br />Review—Continued <br />appropriate reasons for said action. <br />Vote: Ayes 4, Nays 0. <br />5. #2567 Walfred Properties, 2380 Shadywood Road — Commercial Site Plan <br />Review — Resolutions No. 4474 and 4475 <br />Mayor Jabbour requested to dispense with the formal presentation, as the Council was familiar <br />with the application. Flint stated that he did not want this item added to the Consent Agenda <br />because he was concerned with the packet referring to plans that have not yet been received, the <br />trash being located next to the sidewalk, and he wondered if the 9 parking spaces near the pond <br />could be left out. <br />Weinberger stated that staff had concerns with the trash receptacle location. Also, they received <br />grading plans for the property, which indicated grading right up to 3 mature trees. Staff <br />suggested they use a retaining wall instead of grading in order to avoid disturbing the root <br />systems of the trees. He also stated they do not have the legal descriptions required to adopt a <br />• rezoning ordinance at the meeting, which would require the property owners to grant an <br />extension. <br />Mr. Wally Klus stated they have done the legal descriptions and could get them in to staff right <br />away. He stated he is eager to correct any issues and start work. <br />Weinberger stated the property now known as Navarre Lane should be rezoned to B -5 to be <br />consistent with the zoning of the remainder of the property. Mayor Jabbour asked if it could stay <br />a residential zone since it is only being used for the retention pond. Barrett stated that would be <br />acceptable, and the Council could take action on the resolutions regarding the application. <br />Mr. Klus's architect stated they could move the trash receptacle and hide it in a nook in the <br />retaining wall. Mr. Klus stated they intend to put in the 9 parking spaces that Flint had <br />questioned as necessary. <br />Flint moved, and Peterson seconded, to approve Resolution No. 4474 granting variances to <br />Orono Municipal Zoning Code Sections 10.56 Subdivision 16(L), Conditional Use Permits <br />per Section 10.03, Subdivisions 19 -21, and approving the issuance of a Building Permit to <br />Walfred Properties for the property located at 2380 Shadywood Road per Municipal <br />Zoning Code Section 10.44, Subdivision 2 to permit commercial development of the <br />property with the condition that the applicant work with Staff to relocate the trash <br />• receptacle away from the pedestrian access trail and save the mature trees identified in the <br />northeast corner of the property. <br />Vote: Ayes 4, Nays 0. <br />