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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 22, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 18 (5. Permit #2012-00424 - JAY AND ALYSSA KANIVE, 950 WILLOW VIEW DRIVE – APPEAL, Continued) Curtis illustrated the location of the sport court. Kanive pointed out the location of the existing landscaping and the location of the sport court. Kanive indicated the landscaping will be taken out and the sport court will be placed in that area. McMillan asked if the sport court has been constructed yet. Kanive indicated it has not. Kanive pointed out the location of the fire pit and patio and the approved buffer that was established in1999. Kanive noted they did not know about the buffer initially but that they have lots of room to do a buffer and that they will be working with the Minnehaha Creek Watershed District on establishing that buffer. McMillan asked when they would like to start construction of the sport court. Kanive indicated they have already paid for it and that the contractor is ready to commence work as soon as the weather permits. McMillan noted sport courts do not need a 20-foot building setback. Curtis indicated they just need to be located out of the buffer. Kanive noted the original size of the sport court was larger and that it has been reduced. Kanive indicated they did not want to file for a variance and that he was just looking for an easy permit. At this point in time, he would leave it at the size that has been submitted and that he does not have any plans at the present time to apply for a variance. Levang moved, Anderson seconded, to issue a building permit for Jay and Alyssa Kanive, 950 Willow View Drive, and to waive the conditions requested by Staff. McMillan asked what her thoughts are regarding approving the application. Levang stated as it relates to the Arrowhead delineation, since it was never approved and completed, she is surprised the City would hold him to a document that does not exist. Staff is also talking about a buffer in an area, according to Section 78-1608(2)(a) that is not required because there is no wetland buffer setback. Levang commented she is sorry the City put him through what he went through. McMillan questioned why there was a need for a wetland delineation if it did not trigger all three qualifications. Bremer noted that was for the creation of the buffer, which is a different piece. McMillan stated the nonconformity piece is difficult to understand. Item #03 - CC Agenda - 05/13/2013 Approval of Council Minutes 04/22/2013 [Page 10 of 18]