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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 18 *6. #14-3679 THOMAS AND KATHERINE ZIEGLER, 2264 SHADYWOOD ROAD – VARIANCES – RESOLUTION NO. 6448 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6448, a Resolution Granting Variances from Orono Municipal Code Sections 78-350 and 78-1685, for the property located at 2264 Shadywood Road. VOTE: Ayes 4, Nays 0. 7. #14-3682 JAMES AND MARGARET KELLY, 1855 CONCORDIA STREET – AFTER- THE-FACT CONDITIONAL USE PERMIT – RESOLUTION NO. 6449 Curtis stated earlier this year the applicants began conducting improvements to their home and property at 1855 Concordia Street. The improvements included vegetation removal in the yard areas, grading of the yard areas, removal of a wooden walkway along the southwest side of the house and installation of a new boulder wall. Curtis noted the work began without the required permits for the land alterations or the wall installation. The work was stopped and inspected by City Staff. The applicants were issued an after-the-fact zoning permit to finish the minor grading remaining and install sod and finish the wall. Curtis indicated the work continued and, upon Staff inspection, appeared to exceed the amount allowed by the administrative permit. The work was once again stopped. Curtis noted at this time the applicants are seeking after-the-fact conditional permit approval to complete the land alterations. Curtis stated following the public hearing on September 15, the Planning Commission voted to recommend approval of the after-the-fact variance subject to the following conditions: 1. A reviewed grading plan should be submitted to address all requirements of the City Engineer; 2. A revised landscape plan should be submitted which provides for replacement of the two additional trees that had been removed, increased vegetative screening from neighboring properties, and a 10 to 15-foot lakeshore planting buffer. Curtis noted the applicants have provided the revised plans and they have been reviewed and approved by the City Engineer. Curtis noted that City Staff recommends approval of the application subject to compliance with all administrative City permitting requirements, compliance with the requirements of the Minnehaha Creek Watershed District, and an escrow being held until the required landscaping is installed and inspected by the City. A draft resolution has been provided for the Council’s consideration. Levang stated she has a question regarding the swale. Levang indicated when she looked at the site; it appeared the excavation on the side of the swale was very deep and that she was wondering how that soil would be treated. Levang stated it appears the water runoff has the potential to come from the front of the house down into the lake and that it appears the grade has been changed significantly. Levang asked how the runoff will be managed to prevent the water from running right into the lake. Item #03 - CC Agenda - 10/13/2014 Approval of Council Minutes 09/22/14 [Page 6 of 18]