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ORONO CITY COUNCIL MEETING <br />MONDAY, JUNE 9, 2003 <br />• 9. #03 -2894 Douglas and Robin Smith, 4195 Highwood Road — Conditional Use <br />Permit and Variance Resolution No. 4992 — Continued <br />screening, and did not include existing/proposed contours or other details asked for by the <br />City Engineer. The approval resolution included a requirement that the necessary detail <br />be provided prior to issuance of the Land Alteration Permit. <br />Gaffron stated that staff needed to spend time on site with the applicant and the builder to <br />make certain they know how far the project will go and to insure it stays within the <br />approved parameters. The resolution was drafted to suggest the applicant work with staff <br />to submit a detailed plan and profile design, showing how plantings will screen the <br />hardcover from the lakeside, including existing structures, lot lines, proposed and existing <br />contours, location of boulder walls, etc.; and a detailed erosion and sediment control plan. <br />Doug Smith stated that he was willing to work with the City to provide what they <br />required, but was getting resistance from contractors. Replacing his steps was a small <br />project, and they wouldn't take it on because of all the City's requirements. <br />Murphy moved, and White seconded, to adopt Resolution No. 4992 granting <br />variances from Municipal Zoning Code Section 10.56, Subdivision 16(J)(2); Section <br />10.22, Subdivision 2; Section 10.56, Subdivision 16(L)(1); Section 10.56, Subdivision <br />• 16(L)(2); and Section 10.56, Subdivision 16(J)(5)(h) to permit replacement of existing <br />retaining walls and stairs within 75' of the OHWL of Lake Minnetonka with 524 s.f. <br />(4.6 %) hardcover within the 0 -75' setback zone where none is permitted; grading, <br />filling and excavating of more than 10 cubic yards within 75' of the OHWL where no <br />more than 10 cubic yards is permitted; and placing fill in a bluff impact zone where <br />not fill is permitted. <br />Vote: Ayes 4, Nays 0. <br />0 <br />10. #03 -2896 Bruce Boeder on behalf of Franciscus Bastiaens -665 Ferndale Road <br />North — Conditional use Permit and Variance <br />Gaffron stated that the Bastiaens' contractor was issued a building permit in January 2003 <br />to construct a new residence on the property. The property contains an existing old house <br />and detached garage which the applicant wishes to continue to use for dwelling purposes <br />during construction of the new residence (which is allowed by Orono Zoning Code <br />Section 10.03, Subd. 7), and further wishes to continue to use as a temporary guest house <br />and detached garage for a 24 -month period after completion of the new principal <br />residence. This would require a Guest House CUP approval, and a variance to the lot area <br />requirement. <br />City code requires having 4 acres in a 2 acre zone to have a guest house. The Planning <br />Commission made 3 motions: to deny the requested guest house CUP —the motion failed; <br />to approve the guest house CUP, establish an escrow to guarantee removal of the house <br />15 <br />