08-22-1988 Council Minutes - Laserfiche WebLink

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• MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 22, 1988 ZONING FILE #1291- IVERSON CONTINUED It'was -moved by Mayor Grabek, seconded by Councilmember Goetten, to amend the present Resolution #2475 to indicate 39.4% hardcover was approved, provided that applicant offset any future increase in hardcover by removal of the same percentage. Approval is also contingent upon applicant providing a revised survey to show the 1% hardcover increase. Motion, Ayes =5, Nays =O, Motion passed. #1296 MERRITT J. PETERSON /RICK STODOLA 1895 SHADYWOOD ROAD VARIANCE- DENIAL RESOLUTION The applicants, in addition to Mr. Ewald Gustafson and Mr. and Mrs. Tillotson were present for this matter. City Administrator Bernhardson explained that this matter had been considered and conceptually denied at the July 11, 1988 Council Meeting. This application involved the maintenance of a dock on a substandard lot. An issue had been raised as to whether the granting of an accessory use variance when there was no primary use constituted a use variance. The City Attorney researched this issue and concluded that it is not a use variance • which the City would not be allowed to grant, however a variance would be needed to allow dockage, be it a seawall or a regular dock. Subsequent to the last meeting, a letter was sent to Mr. Gustafson, one of the owners who sold the property to Mr. Peterson and Mr. Stodola. There are still issues which need to be addressed, one of them being an easement granted to Mr. Tillotson across part of the parcel. Other items of concern are that sometime in the past there was a 32' x 32' corner of the property that was sold to Mr. Tillotson, as well as questions regarding instructions to potential buyers as to the possible riparian rights on the lot. City Administrator Bernhardson noted that the present Resolution for Denial only addressed the buildability of the lot. Due to the fact that the proponents have not shown a hardship for using the property for boat dockage, that language would need to be added should the Council choose to deny the accessory use. Zoning Administrator Mabusth stated that the applicant had conversed with Mr. Gustafson and that they would request tabling this matter until they had further opportunity to meet with all concerned parties. After such meeting, the applicants would appear again before the Council to present their proposal. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table this matter. Motion, Ayes =5, Nays =O, Motion • passed. 3