12-13-1999 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #7) #2540 BRADLEYHOYT, 2523 KELLYAVENUE -Continued • specifically permitted, no hardcover, temporary or permanent structures.... shall be permitted on any land within 75 feet of the ordinary high water elevation." He asked if Mr. Sheridan understood that. Sheridan said he understood, and also that Mr. Barrett was drawing the conclusion that the retaining wall is hardcover. Barrett said he is drawing the conclusion that it is a temporary or permanent structure or hardcover. He asked if Mr. Sheridan denies that it is a permanent structure. Sheridan said that based on the City Code's definition of what a structure is, yes. Barrett asked if he denies that it is hardcover. Sheridan said that is correct. Sheridan said the City is asking for his client to apply for a conditional use permit and some variances. He said that a conditional use permit and a variance are two different government actions that can be taken with respect to use of property. He read to the Council from a case that the Minnesota Supreme decided regarding what a conditional use permit is and its affect, Chanhassen Estates v. City of Chanhassen, Minnesota Supreme Court, 1984, which states, • `By express designation as a conditional use in a particular zone, such a use is deemed consistent with the public health, safety and general welfare and consistent with goals of the comprehensive plan of that municipality. Until the district is rezoned or the zoning ordinance is either amended or successfully challenged, that determination is conclusive." Sheridan said Orono's conditional use definition says that conditional uses are permitted and, therefore, that a conditional use is a use permitted in a particular zone subject to conditions. A variance is an attempt by someone to come in and get a variance for a use that would not otherwise be allowed in a particular zone. He said you can't have a permitted use subject to conditions and say that you need a variance for a permitted use. Barrett said the conditional use permit does not fall under the difficulties that Mr. Sheridan suggests. If you want a conditional use permit, all you need to do is demonstrate that you are in compliance with the city ordinances and the city will grant one. If you wish a conditional use permit when you stand outside of compliance with the city ordinances, then it follows that unless you get a variance from those ordinances, you cannot have the conditional use permit and that is why the variance question arises. Sheridan said he disagrees for the reasons he has stated. Jabbour said the City asks someone that wants to put less than three yards of sand on their beach to obtain a conditional use permit. He does not feel it is out of line to ask Mr. Sheridan • Page 6