4300 Watertown - Condemnation Hearing Info

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• the five-acre minimum and 300 foot minimum lot width requirements for issuing a building permit without going to the City Council for a variance. • The Court's Memorandum also states that "a review of Hennepin County's Exhibits 1-6 clearly shows that the Johnson residence is built upon a lot which is in excess of one acre and meets all the requirements of Section 31.203." The house location and size penned into the drawing is clearly not to scale but review of that drawing compels the opposite conclusion, that the house indeed does not meet side or front setback requirements from Outlot A and would not • have been approvable unless a combination was in effect. In fact, Respondent's house does not meet those requirements. Further, while the six lots did meet the one-acre size requirement, Respondent presented no evidence that the lots met the septic system requirements or other city ordinances. Thus, all the conditions of the city zoning code were not met. • This Court's s conclusion that, because other homes in the neighborhood exist on substandard lots, it is appropriate to build on Respondent's lots ignores the fact that there are substantial additional zoning requirements that must be met before a building permit can be issued. If Respondent wanted to build on the smaller lots today, he would have to conform to Section 10.03, Subd. 6(A)(3), which provides that such a lot "must meet the area and width • requirements of the Zoning Chapter and shall not be utilized for single family detached dwelling purposes without Council approval." That approval would require variances, which would be prohibited under Section 10.02, Subd. 10(A)(6). That section states that the city shall not approve variances unless it makes findings that "the variances will not in any manner vary the minimum requirements for a lot as set forth in the Zoning Chapter of the City Code as • applied to the entire subdivision." None of Respondent's lots meet the five-acre minimum area requirement and most do not meet the 300-foot width standard. Once the Court considers these facts, the County is confident that a motion for rehearing or reconsideration will be granted. The County respectfully makes that request. • Sincerely, AMY KLOBUCHAR Hennepin County Attorney • LISA A. BERG Assistant County Attorney • Telephone: (612) 348-8574 FAX: (612) 348-8299 LAB: Cc: Rich Grant • Jerome Blatz • App. Page 29 of 35