04-25-2005 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2005 • 7:00 'clock p.m. • • (8.#05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD, Continued) Acting Mayor Sansevere stated that it would be unprecedented to require a neighbor to be responsible for trees on another neighbor's property due to construction. Attorney Barrett pointed out that, if the applicant crosses the property line, then he would be trespassing and precedent is set which would make him liable for damage. Though roots, which pass under property lines, on his property do not make him liable for the health of the tree. Planning Commissioner Jurgens suggested that the residents survey their properties and trees by a forester and take measures to protect their own,trees. Acting Mayor Sansevere stated that the developer has met all of the cities requirements and that the Council has asked all that it can of the applicant. While a developer and city is limited by what the codes establish, Murphy pointed out that the Council can still encourage a cooperative relationship between the parties so that a middle ground can be found. Mileusnic indicated that the homeowners would like to take the 8 trees that their forester identified for the outlot and asked the developer if, the neighbors marked the trees, could he avoid removing them and giving the homeowners time to move `them. Carlson agreed. i McMillan stated that she was hopeful that all would work out well for both parties in this delicate situation where both parties have property rights and a balance between give and take must be struck. She encouraged the homeowners to plant a variety of differing species of trees for the best growth and buffer. White moved, McMillan seconded to direct staff to draft a resolution to approve the General Development Plan, Final Plat approval, Commercial Site Plan approval, and PUD for Amber Woods Office Center at 2060 Wayzata Boulevard West acknowledging the developers willingness to plant trees on the Sugarwoods homeowners association outlot and move marked trees from the site to the outlot. VOTE: Ayes 4, Nays 0. *9. #05 -3086 PHILIP ORDWAY, 1145,,SIXTH AVENUE NORTH — VARIANCE — RESOLUTION NO. 5315 1 Murphy moved, White seconded, to adopt RESOLUTION NO. 5315, a Resolution granting bluff impact zone, bluff setback, and average setback variances per the revised site plan, and subject to staff recommendations to construct a new home at 1145 Sixth Avenue North. VOTE: Ayes 4, nays 0 PAGE 7 of 10