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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, July 14, 2014 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />  Page 9 of 19  <br /> <br />(5. #13-3631 TODD HOLMERS ON BEHALF OF LANDSOURCE, LLC, 3700 NORTHERN <br />AVENUE – VACATE EASEMENT – FINAL PLAT DOCUMENTS REVIEW – RESOLUTION NO. <br />6420, Continued) <br /> <br />Printup stated perhaps Staff could highlight some of the past concerns they have encountered with this <br />developer if they are related to this project in some way. <br /> <br />Mattick stated if Staff feels there are ongoing concerns, those will be highlighted, but that it is his <br />understanding those concerns related to erosion. Mattick noted if Staff is required to clean up debris on <br />the roadway, the developer will be billed for that. <br /> <br />Bremer stated in her view the development contract appears to address most of the issues raised so far. <br /> <br />Mattick stated the City has dealt with these types of issues in the past and that the language in the <br />development contract is fairly standard. <br /> <br />Bremer moved, Anderson seconded, to adopt RESOLUTION NO. 6420, a Resolution Vacating the <br />Utility Easements Granted Within Hennepin County Documents No. 1488546 and No. 4749663, for <br />the Property Located at 3700 Northern Avenue. VOTE: Ayes 4, Nays 0. <br /> <br />6. #14-3672 REVOLUTION DESIGN AND BUILD ON BEHALF OF MELODEE AND <br />KELLY MARX – 3135 NORTH SHORE DRIVE – VARIANCE – RESOLUTION NO. 6421 <br /> <br />Curtis stated the applicant is requesting a variance to allow construction of a second-story addition over a <br />portion of the existing home and an attic area above the garage within 75 feet of the ordinary high water <br />level of Lake Minnetonka. The home is located approximately 50 feet from the lagoon and is considered <br />a legal nonconforming structure with respect to the lake setback. The home is located over 200 feet from <br />the main portion of the lake. <br /> <br />Curtis stated the Planning Commission at its June meeting voted 6 to 0 to recommend approval of the <br />variance. <br /> <br />Curtis noted that the Planning Staff recommends approval of a setback variance to permit construction of <br />a second story over a portion of the existing home and attic over the garage within 75 feet of the lagoon. <br /> <br />Curtis noted the City Council should hold the public hearing portion of the application. The original <br />published legal notice incorrectly listed the requested variances as “average lakeshore setback and rear <br />setback variances.” The only variance required is a lake setback variance as the existing home is located <br />50.9 feet from the lake where a 75-foot setback is required. A corrected legal notice was published <br />allowing for a public hearing to be held at the July 14 City Council meeting. <br /> <br />Acting Mayor Printup opened the public hearing at 7:41 p.m. <br /> <br />Rich Anderson, 3205 Crystal Bay Road, stated over the years since the Marxs have moved into the <br />neighborhood, they have maintained the lagoon and have taken the weeds out of there and kept it clean. <br />Anderson stated in his view the lagoon has basically been a skimming pond but that it has changed <br />considerably since the Marxs have moved in. <br />Item #02 - CC Agenda - 07/28/2014 <br />Approval of Council Minutes 07/14/2014 <br />[Page 9 of 19]