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MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 23, 1989 <br />• ZONING ADMINISTRATOR'S REPORT: <br />#1328 HOWARD JOHNSON <br />1635 CONCORDIA STREET <br />FINAL SUBDIVISION <br />RESOLUTION #2571* <br />It was moved by Councilmember Peterson, seconded by <br />Councilmember Goetten, to approve the lot line rearrangement via <br />Registered Land Survey for Howard Johnson and Helen Trainor at <br />1635 and 1675 Concordia Street. Motion, Ayes =4, Nays =O, Motion <br />passed. <br />#1353 JOHN FIEBELRORN <br />2730 SHADYWOOD ROAD <br />VARIANCE <br />Mr. and Mrs. Fiebelkorn were present for this matter, as was <br />their attorney, Larry Berg. <br />City Administrator Bernhardson explained that this matter <br />involved an after - the -fact request for variances for a pool <br />located within the 0 -75' zone. The property is restrictive in <br />that there are no other areas in which the pool could be located <br />with the need for variances. <br />is Acting Mayor Callahan informed Mr. Berg that he had the <br />right to present his argument as to why the pool should remain. <br />However, he believed that the Council would vote as did the <br />Planning Commission. <br />Mr. Berg stated that there was a spa and pool equipment shed <br />to consider in addition to the pool. The Dunsheath's, owners of <br />adjacent property have offered to sell additional property to the <br />Fiebelkorns that would permit the pool equipment shed to be <br />located entirely within the Fiebelkorn's property. Mr. Berg <br />explained that dredging occurred back in 1970 that created a <br />lagoon area on what was originally dry land on the property now <br />owned by the Fiebelkorns. Mr. Berg also told the Council that <br />the Fiebelkorns did not deliberately disregard Orono's <br />regulations. The violation occurred accidently, due to the <br />Fiebelkorn's unfamiliarity with Orono's lakeshore regulations. <br />He said that his clients would be willing to do whatever it would <br />take so that the pool and spa could remain. However, if the <br />Council decides that the pool must be removed, the Fiebelkorns <br />would ask that the spa be allowed to remain and that a "surround" <br />be built around it. <br />Acting Mayor Callahan asked Mr. Berg to explain the hardship <br />in this matter. Mr. Berg cited the land configuration caused by <br />the dredging to be the hardship. He also questioned whether <br />•using the average lakeshore setback formula would allow more <br />flexibility in allowing the spa to stay. Mr. Berg explained that <br />there were accessory structures such as tennis courts and docks <br />on neighboring properties that would be closer to Lake Minnetonka <br />than the spa. <br />7 <br />