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MINUTES OF THE REGULAR ORONO COUNCIL MEETING <br />HELD DECEMBER 14, 1392 <br />ZONING FILE #1777 - CONT. <br />It was moved by Butler, seconded by Mayor Peterson, to <br />Resolution #3214, #1777 John Thiesse, 3845 Bayside Road, aporoving <br />variances for the construction of a complete second floor, entry <br />addition and three-season porch. Ayes 5, nays 0. <br />(#12 # 13) #1778 & #1779 ANDREW GOETTEN, <br />1385 FOX STREET - <br />VARIANCE - PRELIMINARY PLAT <br />Andrew Goetten was present. J. Diann <br />discussion of this Item. <br />Goetten abstained f»*om <br />Callahan clarified that the Council did not desire to rezone the <br />property In question. <br />Gaffron reviewed this two lot subdivision, splitting a 3.6 acre <br />parcel Into one 2 acre lot and one 1 acre lot. ThI# would require <br />a variance to both the subdivision and zoning codes. He referred <br />to Resolution #1178 adopted by the Council in the 1980s during the <br />Minnetonka Bluffs Sewer Project indicating standards for future <br />approval of this proposed subdivision. He continued, the MUSA <br />boundary was located to bisect the property. The Ci ty Engineer has <br />recommended requiring additional right-of-way dedication, which i s <br />standard practice with all subdivisions. Because the road <br />dedications make It impossible for the proposal to meet alI <br />and subdivision requirements as noted by the 1980 resolution, staff <br />roust recommend denial. <br />It was moved by Callahan. seconded by Butler, to <br />Applications #1 778 & #1 779 for Andrew Goetten, 1385 <br />for a variance and preliminary plat approval proposed by the <br />applicant, subject to deletion of the requirement for dedication <br />of land for the cul-de-sac and the additional right-of-way. <br />Butler indicated the staff memo implies the resolution adopted in <br />the 1980s has somehow been voided. She felt a resolution adopte <br />by the City Council is a binding contract and should be considerea <br />done In good faith. <br />Jabbour noted the Goettens paid for the right to subdivide the <br />property In the 1980s by doing more than their fair share to •••'•J <br />In the sewer project. He added the size of the new parcel is <br />an Issue If the street dedication is not required. <br />6