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� , <br /> Melanie Curtis <br /> From: Melanie Curtis <br /> Sent: Thursday, October 19, 2006 11:29 AM <br /> To: Roland Aberg; Fritz Wright; 'janet wheelock' <br /> Cc: Mike Gaffron <br /> Subject: FW: 06-3233 865 Ferndale Road review 10-18-06 <br /> Attachments: 06-3233 865 Ferndale Rd N (10-18-06).pdf <br /> Roland, Janet, and all <br /> I spoke with our Attorney last night after receiving the columbarium documents from Janet. Our Attorney reviewed your <br /> documents. After doing so, he conducted a thorough search of our City code and it appears that a columbarium (or <br /> cemetery) is not a permitted use in the City. What this means is that in order for the Council to allow the construction of <br /> the columbarium a"use" variance would be required. A"use"variance is illegal. I apologize for the late notice of this <br /> important fact; however this all came about yesterday afternoon. The potential solution our Attorney suggested is that we <br /> could have the Council review and approve the bulk of your CUP/Variance application and deny the"use" variance for the <br /> columbarium. If the Council chooses to, the Zoning Code can be amended to allow cemeteries/columbarium as a <br /> permitted accessory or conditional use. This process (amending the code)will take a couple of months to complete as <br /> public hearings are required. If the Code is changed to allow cemeteries/columbarium we could consider your application <br /> for the memorial garden & columbarium separately (and hopefully without an additional application fee from the Church). <br /> All of this would of course need to be approved by the City Council. <br /> Please review the attached comments from our Engineers. After reviewing these Engineering comments I think it is more <br /> appropriate to wait on the City Council review so that when we do bring it before the Council all of the plans are correct <br /> and approved by our Engineers. Therefore I have removed the St Edwards application from the City Council agenda <br /> for this Monday. The next meeting is November 13th and my intention is to move the application to that agenda if we <br /> have all of the engineering issues ironed out. <br /> I know that I have just dumped a good deal of information in your laps, please do not hesitate to call me or our engineers <br /> (contact numbers on the attached memos) if you have questions. I should be in the office until early this afternoon. I <br /> have a sick daughter at home and I think I am beginning to catch whatever she has, so my intention is to leave a bit early <br /> today. <br /> 952.249.4627 <br /> Melanie <br /> Melanie Curtis <br /> Planner, City of Orono <br /> 2750 Kelley Parkway, Orono, MN 55356 <br /> Phone: 952-249-4627 Fax: 952-249-4616 <br /> mcurtis(c�ci.orono.mn.us <br /> 1 <br />