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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, June 23, 2003 <br />7:00 o'clock p.m. • <br />( #01 -2714 FREDERICK PUZAK, Continued) <br />In order to provide direction to his architect, Puzak questioned whether he could work within the <br />original hardcover and setback variance approvals. <br />There was consensus among the City Council that he be allowed to work within the original <br />parameters of his first application for hardcover and setback variances to construct a 3 or 4 <br />bedroom home, based on the septic information. <br />4. #03 -2869 DR. ROBERT GUMNIT,1100 OLD CRYSTAL BAY ROAD SOUTH— <br />CONDITIONAL USE PERMIT AND VARIANCE — RESOLUTION NO. 4996 <br />Gaffron explained that the applicants were requesting the following to reconstruct an existing <br />gravel pathway through wetland to access a 1.8 acre island of land on their property: <br />1. Variance: hardcover within the 0 to 75' setback zone from the OHWL of French Lake where no <br />hardcover is permitted (pathway reconstruction); <br />2. Variance: grading, filling and excavating within 75' of the OHWL of French Lake where no <br />grading, filling or excavating is permitted (pathway reconstruction and wetland mitigation); and <br />3. Conditional Use Permit: movement of more than 500 cubic yards of material within the <br />shoreland overlay district (pathway reconstruction and wetland mitigation). <br />In addition, Gaffron indicated that the applicants were also requesting the following to permit <br />keeping horses on an intermittent basis on the island of land on their property: • <br />1. Variance: agricultural use (grazing of horses) within 150' of the OHWL of French Lake where <br />no agricultural use is permitted; and <br />2. Variance: a wire fence within 150' of the OHWL of French Lake where no fences are <br />permitted. <br />Gaffron reported that the Planning Commission recommended by a 6 to 0 vote to approve the <br />variances and conditional use permit to reconstruct an existing gravel pathway through a wetland to <br />access an island of land on his property with the following conditions: <br />1) Permit approval from the Minnehaha Creek Watershed District be required prior to <br />construction on the property <br />2) Review and approval from the City Engineer is required prior to construction on the property <br />3) The property owner would have the ability to routinely maintain the pathway, as approved. <br />However, Gaffron explained that the Planning Commission recommended by a 3 to 3 vote to <br />approve the variances to permit keeping of horses on the island of land on his property on an <br />intermittent basis with the following conditions: <br />1) No more than 4 horses for a period of two weeks at a time and no more than 20 weeks out <br />of a calendar year would be permitted on the island <br />2) Fencing may be located no closer than 26' from the OHWL of French Lake <br />Gaffron pointed out that an issue for discussion was the status of the wetland as part of the French <br />Lake basin versus merely a wetland with a smaller open water lake in the center of it. Prior to 1992 <br />when the DNR established the lake basin, Gaffron explained that the City had allowed structures to <br />be built up to the 26' wetland setback line. Adoption of the Shoreland Ordinance in 1992 <br />established a 150' setback requirement, making a number of homes nonconforming and severely • <br />PAGE 4 of 15 <br />