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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, June 27, 2011 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br /> Page 2 of 5 <br /> <br />PLANNING COMMISSION COMMENTS – LINDA FEUSS, REPRESENTATIVE <br /> <br />Feuss stated she had nothing to report but would be available for questions. <br /> <br /> <br />PUBLIC COMMENTS <br /> <br />None <br /> <br /> <br />PLANNING DEPARTMENT REPORT <br /> <br />5. #10-3481 NICK AND JODEE KOZLAK, 1635 BOHNS POINT ROAD – REVISIT <br />VARIANCE APPROVAL <br /> <br />Franchot moved, Rahn seconded, to remove Application No. #10-3481 Nick and Jodee Kozlak, 1635 <br />Bohns Point Road, from the agenda at the request of the applicants. VOTE: Ayes 5, Nays 0. <br /> <br />*6. #11-3509 TOM AND MARGARET RADKE, 3424 EAST LAKE STREET – VARIANCE – <br />RESOLUTION NO. 6055 <br /> <br />Franchot moved, Rahn seconded, to adopt RESOLUTION NO. 6055, a Resolution Granting a <br />Variance to Municipal Zoning Code Section 78-305, for the property located at 3424 East Lake <br />Street. VOTE: Ayes 5, Nays 0. <br /> <br />7. #11-3512 CITY OF ORONO – ZONING CODE TEXT AMENDMENTS TO SECTIONS <br />78-100; 78-121 THROUGH 78-123; 78-1111, AND 78-1134 REGARDING VARIANCES – <br />ORDINANCE NO. 88, THIRD SERIES <br /> <br />Curtis stated as a result of the Krummenacher ruling, the state statutory language was recently revised to <br />reflect the requirement for demonstration of a practical difficulty when cities grant a zoning code <br />variance. The revision of the statute results in inconsistencies between Orono’s Zoning Code and the <br />language in MN State Statute Chapter 462. Currently, Orono City Code is written to require <br />demonstration of a particular hardship or undue hardship when granting a variance from City zoning code <br />requirements. There are six references to particular hardship or undue hardship in the City's current <br />language. The City Attorney has made the appropriate changes to reflect the new statutory language. <br /> <br />On June 20, 2011, the Planning Commission voted 6-0 to recommend approval of the text amendments. <br /> <br />McMillan asked what impact this amendment will have on Orono. <br /> <br />Curtis stated her experience with the new language is that the residents appear to understand the language <br />better rather than the term hardship that was used in the old statute. <br /> <br />Mattick stated the term practical difficulties allow the landowner to explain what the problem is and why <br />the code does not fit their circumstances. It also allows them to explain how the changes will still be in <br />keeping with the character of the neighborhood. From a legal standpoint, there is some good guidance on <br />how cities can determine practical difficulties and that he is satisfied and comfortable with the change. <br />Item #02 - CC Agenda - 07/11/2011 <br />Approval of Council Minutes 06/27/2011 [Page 2 of 5]