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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, September 26, 2005 <br />7:00 o'clock p.m. <br />(7. #05 -3136 TROYBROITZMAN, 1860 SHORELINE DRIVE, Continued) <br />applicant's neighbors were being quite cordial. He saw no hardship to support either the variance <br />or CUP. <br />McMillan pointed out that the mere proximity of his neighbors demands additional sensitivity in <br />this case. <br />Attorney Barrett stated that the CUP is an additional piece in the application process and <br />encouraged the applicant to design a home that fit the land under the current conditions. Less is <br />more in many situations. <br />Murphy moved, Mayor Peterson seconded, to table application #05 -3136, Troy Broitzman, <br />1860 Shoreline Drive, for purposes of redesign. VOTE: Ayes 5, Nays 0. <br />*8. #05 -3145 ICO LANDSCAPE LLC ON BEHALF OF ROBERT AND VICKY <br />NELSON, 679 MINNETONKA HIGHLANDS LANE — CONDITIONAL USE PERMIT — <br />RESOLUTION NO. 5383 <br />White moved, McMillan seconded, adopting RESOLUTION NO. 5383, a Resolution granting <br />a conditional use permit and hardcover variance for 679 Minnetonka Highlands Lane. <br />VOTE: Ayes 5, Nays 0 <br />*9. #05 -3150 TIM POWERS ON BEHALF OF KEVIN GRELL, 1945 FAGERNESS • <br />POINT ROAD — VARIANCE — RESOLUTION NO. 5384 <br />White moved, McMillan seconded, adopting RESOLUTION NO. 5384, a Resolution granting <br />a rear yard setback and hardcover variance for 1945 Fagerness Point Road. VOTE: Ayes 5, <br />Nays 0. <br />*10. #05 -3154 CITY OF ORONO RURAL OASIS STUDY— AMENDMENTS TO <br />COMPREHENSIVE PLAN AND MUNICIPAL CODE <br />White moved, McMillan seconded, to conditionally approve 2000 -2020 Comprehensive Plan <br />Amendment #3 regarding the Orono Rural Oasis Study, subject to review and comment by <br />the Metropolitan Council, and direct staff to formally submit the amendment to the <br />Metropolitan Council. VOTE: Ayes 5, Nays 0. <br />MAYOR/CITY COUNCIL REPORT <br />McMillan commented that the schools were presenting a new referendum, noting that legislation <br />has put the funding burden back on local property owners and municipalities. <br />Gaffron reported that the courts had resolved the disputed land disagreement between the Floyds <br />and Brooks near West Ferndale granting the Floyds the road easement; however, as a result, the <br />Floyds believe they can continue their non - conforming fence line and obstruct the Brooks' access <br />to their property. Gaffron stated that it is the City's perspective that the Floyds do not have the right • <br />PAGE 8 of 10 <br />