07-22-2002 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 22, 2002 • 6:30 o'clock p.m. ( 49) #02 -2796 MARKAND GINA KOSEK,1875 SIL4DYWOOD ROAD - VARIANCE - Continued Sansevere moved, Murphy seconded, adopting RESOLUTION NO. 4835, requiring the removal of the shed in the 0 -75' setback, removal and sodding over of the southern driveway, removal of stone borders and unnecessary boulder walls with the exception of the 7' boulder wall around the red maple, the allowance for a 2' X 60' sidewalk from drive to front door, and granting approval for additional hardcover in the 75 -250' setback zone at 4,992 s.f.. for the property located at 1875 Shadywood Road. VOTE: Ayes 3, Nays 0. ( #10) #02 -2797 JAMES MURPHY AND SANDRA SMITH, 30 ORONO ORCHARD ROAD NORTH, CONDITIONAL USE PERArIIT - RESOLUTION NO. 4836 Weinberger reported that the applicants had made a request for a conditional use permit to allow an additional horse on the property, making a total of three horses on the property. While 5 acres is required to permit 3 horses as an accessory use on the property when pasture land is required for feeding, the applicants have 3.6 acres and do not require pasture for feed purposes. Regardless of the size of the pasture, Weinberger pointed out that a proper manure management • program is vital to the protection of nearby wetlands and elimination of odors. Jeremy Geske, of the University of Minnesota Extension Service, determined that due to the size of the operation and the way it is managed, the impact to the wetland from runoff from the site is extremely minor. Weinberger reported that the Planning Commission included a sunset provision within the Conditional Use Permit allowing the property to be used for three horses for a period of ten years. Two neighbors spoke in favor of the application to allow an additional horse, while other comments were attached, including one objection. Weinberger indicated that staff recommends approval of the application to allow three horses to be permitted on the property, since one additional horse will not significantly change the character of the property, and the applicants own the property that has the most impact. Sansevere asked why the Planning Commission felt compelled to attach a sunset date for the third horse. Although arbitrary, Weinberger stated the Commission felt they should choose an adequate time frame to allow for the third horse. Sansevere stated that the Kokesh property was granted a CUP allowing 19 horses on 13 acres only recently. PAGE 28 of 35