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MINUTES OF THE � <br /> ORONO CITY COUNCIL MEETING • <br /> Monday,Apri122,2013 <br /> 7:00 o'clock p.m. <br /> (S. Permit#2012-00424-JAYAND ALYSSA KANIVE, 950 WILLOW VIEW DRIVE—APPEAL, <br /> Continued) <br /> Curtis illustrated the location of the sport court. <br /> Kanive pointed out the location of the existing landscaping and the location of the sport court. Kanive <br /> indicated the landscaping will be taken out and the sport court will be placed in that area. <br /> McMillan asked if the sport court has been constructed yet. <br /> Kanive indicated it has not. Kanive pointed out the location of the fire pit and patio and the approved <br /> buffer that was established in 1999. <br /> Kanive noted they did not know about the buffer initially but that they have lots of room to do a buffer <br /> and that they will be working with the Minnehaha Creek Watershed District on establishing that buffer. <br /> McMillan asked when they would like to start construction of the sport court. <br /> Kanive indicated they have already paid for it and that the contractor is ready to commence work as soon <br /> as the weather permits. <br /> McMillan noted sport courts do not need a 20-foot building setback. <br /> Curtis indicated they just need to be located out of the buffer. <br /> Kanive noted the original size of the sport court was larger and that it has been reduced. Kanive indicated <br /> they did not want to file for a variance and that he was just looking for an easy permit. At this point in <br /> time,he would leave it at the size that has been submitted and that he does not have any plans at the <br /> present time to apply for a variance. <br /> Levang moved,Anderson seconded,to issue a building permit for Jay and Alyssa Kanive,950 <br /> Willow View Drive,and to waive the conditions requested by Staff. <br /> McMillan asked what her thoughts are regarding approving the application. <br /> Levang stated as it relates to the Arrowhead delineation, since it was never approved and completed, she <br /> is surprised the City would hold him to a document that does not exist. Staff is also talking about a buffer <br /> in an area,according to Section 78-1608(2)(a)that is not required because there is no wetland buffer <br /> setback. Levang commented she is sorry the City put him through what he went through. <br /> McMillan questioned why there was a need for a wetland delineation if it did not trigger all three <br /> qualifications. <br /> Bremer noted that was for the creation of the buffer, which is a different piece. <br /> McMillan stated the nonconformity piece is difficult to understand. <br /> Page 10 of 18 <br />