11-10-2014 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 22 of 31 (9. #14-3695 DAVID FOX, 1095 FERNDALE ROAD WEST – VARIANCE RENEWAL – RESOLUTION NO. 6463, Continued) Mack stated the only new consideration with regard to this previously approved plan is in regard to the substantial flooding that has inundated the lot this year during record high water levels. The prior approval of the conditional use permit takes this concern into account with an engineering plan that was properly reviewed and approved by both the City Engineer and the Minnehaha Creek Watershed District. Mack stated appropriate revisions are in place for addressing that in the future. Staff is recommending that the Council approve the renewal. The Planning Commission also unanimously recommended approval with some conditions, including a requirement for some additional native plantings, the color of the structure, and compliance with the City Engineer’s recommendations. Levang asked if the renewal would last one year. Mack indicated that is correct. Levang asked whether the applicants could come back again for another extension if they fail to do the project in the one year. Mack stated since this is being treated as a new application, they would be able to. Levang questioned whether the City should place a limit on the number of renewals granted and suggested the City Council look at that in a future work session. Mattick stated the provision that allows the extension is relatively new and that previously the applicant would have to reapply each year to the City Council. The Council said they would prefer to allow one administrative approval and then one Council approval, which gives someone a three-year window to complete a project. Mattick stated the risk the applicants run by not completing their project in the required time frame is that regulations may change, which may or may not be better for them. Mattick noted when the renewal comes back before the Council, it is not an automatic renewal and that unless the code is changed or there have been concerns raised, it typically is renewed. Levang stated she is comfortable with that, but that she is wondering whether there is some point the City Council says no more extensions. Mattick stated someone would always have the right to submit a new application. Mack stated in circumstances where there have been difficulties or changes in Code, the City would want to retain the right to not have to extend it and have the applicants take another look at their plans. McMillan asked if the applicants have paid the fee for a new application. Mack stated they paid half of the fee, which is typical for a renewal extension.