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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 16 (8. #09-3423 HARVEST MOON NATURAL FOODS CO-OP, 2350-2380 WAYZATA BOULEVARD WEST, Continued) John O’Rielly, Otten Brothers, stated Otten Brothers has two months out of the year where they have an increased demand for parking. Riley indicated their customers have the ability to shop at different times of the day, any day of the week, rather than at a certain time of the day, which helps with the parking. White recommended the resolution be specific to Harvest Moon and not be generic, which may enable another grocery store to occupy this spot. Mattick stated the applicant is Harvest Moon but that the performance criteria would be applied to any user. White asked whether another grocer could occupy this site without coming before the City Council. Mattick stated the resolution is fairly specific to the applicant but that there is always the possibility that another grocer could come in and occupy the site without coming before the Council. Cliff Otten indicated he would prefer language in the resolution that states that once access becomes an issue in the future, they can all sit down and discuss the issue, but that he is not agreeing at this time to relocate the driveway. McMillan noted Mr. Otten would have the opportunity to review the resolution prior to the Council approving it. Gaffron stated there would likely be a hearing process that would be needed before the City could require the relocation of a driveway and that in his view there is a middle ground that could be reached and laid out in the resolution. Murphy moved, McMillan seconded, to direct Staff to draft an approval resolution on Application #09-3423, Harvest Moon Natural Foods Co-Op, 2350-2380 Wayzata Boulevard West, Commercial Site Plan Review, PUD No. 1 amendment, with the understanding that Staff will work with the applicant on language to be included in the resolution relating to access/traffic issues that may develop at some point in the future. VOTE: Ayes 4, Nays 0, Franchot abstained. 9. #09-3424 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD – VARIANCES Michael Ebertz, Applicant, was present along with David Steingas, Builder. Curtis stated the applicants are requesting a 75-250 foot zone hardcover variance to allow 7,083 square feet of hardcover where 6,921 square feet was approved for the construction of the new residence, and a street setback variance in order to construct entrance monuments with a gate on their property. One monument is proposed to be 1-foot off of the lot line and the other is proposed at 12 feet from the lot line. The gate is proposed to be as close as 21 feet to the paved traveled surface of Tonkawa Road. The applicants have constructed entrance monuments for a gate on their property without building permits. They were notified by the building inspector that permits were required and a survey showing the location of the monuments was also required. Upon receipt of the survey, staff noted that one of the monuments was located within the right-of-way of Tonkawa road. When notified of the setback issues, Item #02 - CC Agenda - 10/26/09 Approval of Council Minutes 10/12/09 [Page 9 of 16]