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i <br />MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 <br />L075 DURDA CONTINUED <br />It was moved by Councilmember Callahan, seconded by <br />Mayor Grabek, to deny the application and that the <br />previous action by Council be sustained. Motion, Ayes <br />3, Nays 2. Councilmember Goetten and Sime voted nay. <br />Councilmember Sime stated that when the home was built, <br />the City had a different view of what consituted a lake <br />and the house was put in legally conforming with City <br />guidelines at that time, however, since that time, the <br />City has changed its opinion finding that the pond was <br />considered--lake in addition to its hardcover <br />regulations. He is in favor of the Planning Commission <br />recommendation. Councilmember Goetten stated since she <br />' was part of the original Planning Commission <br />recommendation, she still feels it is the most <br />reasonable fair recommendation. <br />Mr. Piirainen asked what their next avenue of recourse <br />would be? <br />Mayor Grabek referred Mr. Piirainen's question to City <br />Attorney Barrett and asked Mr. Barrett what the City's <br />action would be if applicant did not comply with the <br />variance conditions previously imposed by Council. <br />City Attorney Barrett stated that applicant can either <br />accept the variance on the terms granted, or the City <br />has the right to require applicant to de- construct the <br />deck. <br />Attorney Piirainen stated that they are only willing to <br />take out 72 s.f. of the deck. indicating they are not <br />willing to comply with the terms of the granting of the <br />variance for the deck. <br />#1103 HOWARD EISINGER <br />3245 WAYZATA BOULEVARD <br />CONDITIONAL USE PERMIT <br />Howard Eisinger and John Gannon of Park Construction <br />were present for this matter. <br />City Administrator Bernhardson explained the request for <br />a conditional use permit to fill the 12 acre former dump <br />site with approximately 150,000 - 200,000 cubic yards of <br />fill obtained from the I -394 upgrading. Based on <br />200,0.00 cubic yards of fill, it would level the area by <br />adding approximately 101. Various agencies have been <br />contacted and all have commented on the impact on the <br />wetlands, etc. One issue raised by the City Engineer is <br />what effect this fill, would have on the landfill, which <br />is surrounded by wetlands — what would happen to the <br />organic materials and other debris in the landfill - <br />would it migrate out into the wetlands causing <br />4 <br />