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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, December 10, 2012 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />  <br />  Page 7 of 15    <br />   <br />(10. #12-3584 PERRY SCHMIDT ON BEHALF OF RALPH AND PEGGY BURNET, 517 <br />FERNDALE ROAD NORTH – AFTER-THE-FACT CONDITIONAL USE PERMIT – <br />RESOLUTION NO. 6189, Continued) <br /> <br />place. The day after the work was completed, Schmidt indicated he was told that he violated the original <br />agreement since he did not request another conditional use permit for fill in excess of 500 cubic yards. <br /> <br />Schmidt stated he was told that the application fee would be $700 and that the after-the-fact fee would be <br />another $700. Schmidt stated in his view that is a pretty stiff penalty and that he initially came here <br />tonight to request that the fee be reduced to $700, but that he is now requesting the City refund the $700 <br />fee and that he would be willing to donate that to the fundraising effort for the Veterans Memorial. <br /> <br />Rahn moved, Printup seconded, to adopt RESOLUTION NO. 6189, a Resolution Granting a <br />Conditional Use Permit for Land Alteration Pursuant to Municipal Zoning Code Sections 78-966 <br />and 78-968, for the property located at 517 Ferndale Road North, and to approve refunding the <br />$700 after-the-fact fee on the condition that the $700 be donated to the Veterans Memorial Project. <br />VOTE: Ayes 4, Nays 0. <br /> <br />*11. #12-3587 BAUER DESIGN BUILD, INC., 450 OLD CRYSTAL BAY ROAD NORTH – <br />CONDITIONAL USE PERMIT – RESOLUTION NO. 6190 AND AMENDMENT TO <br />DEVELOPMENT AGREEMENT <br /> <br />Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6190, a Resolution Granting a <br />Conditional Use Permit Pursuant to City Code Section 78-826(9) for Property Located at 450 Old <br />Crystal Bay Road North. VOTE: Ayes 4, Nays 0. <br /> <br />*12. 12-3580 CITY OF ORONO – CITY OF ORONO ON BEHALF OF DONALD O’REILLY, <br />ET AL, 3928 CHERRY AVENUE – REZONING – ORDINANCE NO. 97, 3rd Series <br /> <br />Bremer moved, Printup seconded, to adopt ORDINANCE NO. 97, 3rd Series, City of Orono, <br />Hennepin County, Minnesota, an Ordinance Amending the Orono Municipal Code by Listing the <br />Legal Description of the Property at 3928 Cherry Avenue as Rezoned from Partially LR-1B and <br />Partially LR-1C to LR-1C to LR-1C in its Entirety. VOTE: Ayes 4, Nays 0. <br /> <br />13. #12-3586 CITY OF ORONO – AMEND ZONING CODE SECTIONS 78-394, 78-419, 78- <br />443, AND 78-566 <br /> <br />Gaffron noted this is a housekeeping text amendment to help clean up the existing ordinance that was <br />adopted in December of 2010. There were a number of revisions made to the zoning code sections <br />regarding accessory and conditional uses at that time. Since the ordinance is rather long, Staff did a <br />number of cuts and pastes as it compiled the ordinance and it has come to Staff’s attention that there is an <br />error in the ordinance. <br /> <br />Orono’s rural residential districts in the past have always treated farm animals as an accessory use and not <br />as a conditional use. In the lakeshore residential districts and other permanent residential districts, they <br />have traditionally been a conditional use or not allowed. When the language was adopted in 2010, there <br />were some cut and paste errors where it now currently states that for rural residential districts, if a person <br />Item #02 - CC Agenda - 01/14/2013 <br />Approval of Council Minutes 12/10/2012 [Page 7 of 15]