06-23-2003 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 23, 2003 • 7:00 o'clock p.m. ( #03 -2869 DR. ROBERT GUMIVIT, Continued) limiting the ability of surrounding properties to develop. Although staff agreed that the argument that this be considered a wetland rather than a lake had merit, Gaffron explained that this argument would be a strong justification for granting the variance only rather than ignoring the established lake boundary. He stated that the resolution contained the finding that the unique geography of the island site as supportive of granting the variance for the fence. While a request for a loafing shed did not accompany this application, Gaffron asked Council to consider whether the granting of a variance to allow the placement of a shed somewhere on the island meeting the 26' wetland setback, would be similarly justified. With regard to the zoning status, Gaffron explained that this property and areas surrounding French Lake are zoned RR -1B (Rural Residential, 2 acre) which allows for animals as an accessory use on the property. He pointed out that when French Lake was classified as a Natural Environment (NE) lake with the adoption of the Shoreland Ordinance in 1992, the property administratively became a lakeshore property but was not rezoned into the lakeshore district (LR -IA). In LR -lA districts, animals are not permitted outright but only through a conditional use permit, and most of Orono's NE lakes are in the rural zoning districts. Based on this information, Gaffron stated that staff would recommend adoption of the resolution, which agrees with the Planning Commission's recommendation to permit reconstruction of the • gravel pathway since a pathway already exists and will continue to be used regardless of this application. Reconstruction of the pathway will ensure safe passage or access to the island, permitting the property owners to maintain the land as has been requested. With regard to the Planning Commissions split decision to allow horses on the island of land, Gaffron stated that staff would be comfortable with the intermittent keeping of horses as proposed in the Planning Commission's motion for approval with conditions. Mayor Peterson concurred that the Council, too, supported the pathway reconstruction. Sansevere asked why the term intermittent keeping of horses was necessary language. Dr. Gumnit stated that their needs were only on an intermittent basis, thus the reason for the original language. He noted that they had obtained a plan from the Hennepin Conservation District for keeping of horses and caring for them on the island and main property prior to their application. He stated that he was comfortable with the language in the Resolution, although he would like to be able to put up a loafing shed later on if he so chooses. Murphy indicated that he had been present at the Planning Commission meeting during which their discussion took place and recognized that the horses were boarded elsewhere which, in effect, would aid in ensuring their intermittent use. While he acknowledged that the City would be unable to truly enforce the terms of the resolution, Murphy indicated that he observed the way in which the Planning Commission grappled with setting some limits to the use for future insurance. Dr. Gumnit assured the Council that it was not their intent to abuse the island and hill. • PAGE 5 of 15