11-09-2009 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2009 7:00 o'clock p.m. • (7. #09 -3423 HARVEST MOON NATURAL FOOD CO -OP ON BEHALF OF CLIFFORD OTTEN, 2380 WAYZATA BOULEVARD WEST, Continued) Bremer stated she would prefer to have all contingencies spelled out, but that if the City feels it is not necessary in the future to reconstruct the access, she would be willing to leave that language as long as the City would have the option to address this issue in the future. Mattick indicated he is not opposed to removing that language. McMillan asked if the situation does arise where the access needs to be realigned, whether the City can close that access. Mattick stated the City does control the access since they are the road authority and they have the ability to determine what a reasonable access would be. Murphy noted if the amendment is adopted as is, the City will hire a consultant and the recommendations will need to be followed. White stated the City will not be arbitrary about the issue and that if the conditions change at some point in the future, they will sit down with the property owner to arrive at the best solution. Murphy asked whether it would be helpful if the italicized part is left in but add the language that unless the • access change is due to traffic that is unrelated to his use of his property. Mattick stated in his opinion that does not change the issue. If there is no through street, the only traffic that will be utilizing the access will be traffic going into Otten's. Bremer moved, Murphy seconded, to adopt PUD Amendment No. 3 to PUD No. 1 for Harvest Moon Natural Foods Co -Op, an Amendment to Planned Unit Development No. 1 Agreement for East Willow Woods, with the removal of the last sentence of Paragraph 5. VOTE: Ayes 5, Nays 0. *8. #09 -3424 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD — VARIANCE — RESOLUTION NOS. 5881 AND 5882 Bremer moved, Murphy seconded, to adopt Resolution No. 5881, a Resolution Granting Variances to Municipal Zoning Code Sections 78 -1288 & 78 -1405, and RESOLUTION NO. 5882, a Resolution Denying a Variance to the Orono, Minnesota, City Code Section 78 -1405. VOTE: Ayes 5, Nays 0. *9. #09 -3431 WAGENER PROPERTIES, LLC, 3165 NORTH SHORE DRIVE — CONDITIONAL USE PERMIT — RESOLUTION NO. 5883 Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5883, a Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78- 967(B)(2) & 78- 1286(D)(2). VOTE: Ayes 5, Nays 0. • Page 4 of 7 I