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MINUTES OF THE REGULI�R ORONO COUNCIL ME�TING HELD JULY $ , 19H5 _ PAGE 5 <br /> It was moved by Mayor Butler, seconded by Councilmember <br /> Frahm, to approve Resolution #1791, a resolution for a <br /> Conditional Use Permit required for non-rental , second <br /> residentialunitontheproperty. Theresidentialunit will <br /> be a guest apartment located above a detached garage . <br /> Motion, Ayes ( 4 ) , Nays ( 0 ) . <br /> #930 JIM SHAVER <br /> 1080 FERNDALE WEST ' <br /> VARIANCE <br /> RESOLUTION #1792 <br /> � Mr. Jim Shaver, applicant, and Mr. H.H. Tearse, owner were <br /> present. John Taylor of Dorsey & Whitney was present <br /> representing Mr. Tearse. Also present, was Walter <br /> Rockenstein of Faegre & Benson representing adjoining <br /> property owners. <br /> City Administrator Bernhardson reported that (a )the <br /> applicant needed a variancefor construction of a residence <br /> on a two acre lot that was restricted by the dry buildable <br /> area, and (b)the issue of riparian rights to a separate <br /> 25 'x25 ' parcel which is submerged. <br /> Mr. John Taylor submitted a prepared opinion by adjoining <br /> property owners for City Attorney Radio to consider. <br /> Regarding the riparian issue, Mayor Butler felt that this <br /> should be researched by the legal staf f to determine whether <br /> Mr. Shaver has a right to the lakeshore being it is lake <br /> bottom. <br /> Zoning AdministratorMabusth indicated that a house could be <br /> built without any setback variances , but the specific design <br /> of house proposed requires a variance to the rear lot line. <br /> Mabusth also noted that the variance resolution should <br /> include an area variance of 1 . 02 acres. <br /> Councilmember Frahm indicated that the Resolution should <br /> state that this is a zoned two acre lot but meets the <br /> requirements of a one acre lot and that it is within the 80% <br /> buildable dryland requirment. <br /> It was moved by Councilmember Adams , seconded by <br /> Councilmember Hammerel, to approve Resolution #1792 as <br /> amended. Motion, Ayes ( 5 ) , Nays ( 0 ) . <br /> It was moved by Mayor Butler, seconded by Councilmember <br /> Hammerel, to instruct the staff to research the riparian <br /> rights issue and whether riparian rights have ever been given <br /> on an easement. Motion, Ayes ( 5 ) , Nays ( 0 ) . <br /> � <br /> City Attorney Radio indicated that he will have a legal <br /> report prepared by the August 12th Council meeting. <br />