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�o�o C ITY OF ORONO � � RESOLUTION OF THE CIT'Y COUNCIL ti � `� G No. 6490 ��kESHO�� 7. In 1978, the then owner of the lot applied to the City for a variance to build, which was denied. The immediately prior owners, the Pfeffers, purchased the property in 1980 with constructive knowledge that variances to build on the site had been denied just two years earlier, and would have known that the Property could not be built on. The general parameters for buildability within the LR-1B district (lot area, lot width, setbacks, etc.) have not become more restrictive since the current owners acquired the Property. 8. In 2013, Mr. Johnson applied for variances to build on the lot on behalf of the Property's owner, Ms. Pfeffer. During this application process, Johnson was provided with information on the 1978 denial, and the 2013 variances were denied. In July 2014, a deed was executed for Johnson to purchase the lot from Pfeffer. Johnson has now applied for variances identical to those denied in the 2013 application. Johnson purchased the Property with full knowledge of the history and limitations of the Property as well as the past denials. 9. The Property was platted before existing codes were enacted. While not created by the landowner, this circumstance is not unique, as a majority of the developed lots in the neighborhood were also platted prior to existing codes. The conditions that have been in place regarding buildability of pre-existing record lots apply to all platted lots within the LR-1 B district. In past actions the City has generally denied lot area variances for vacant lots of area less than 10,000 s.f. 10. The specific code sections applying to the Property for which variances are requested were in place prior to the current owners' acquisition of the Property and in fact were in place prior to the immediate previous owners' acquisition of the property. The regulations are general zoning regulations and apply to many properties on Lake Minnetonka. Letters from neighbors to the City Council indicate that they observed these regulations with respect to building their own homes. New homes have been built in the neighborhood pursuant to the regulations in recent years without the need for variances. 1 l. Factors that demonstrate the inconsistency of the applicant's proposal with the character of the surrounding neighborhood include: - The Property at 0.22 acres is one-fifth the average size of developed residential lots within the immediate neighborhood. - The proposed lakeshore setback at 75 feet is significantly less than the setback of developed lakeshore lots within the immediate neighborhood, which range from 85 feet to 165 feet and average 112 feet. - The proposed street setback of 25.4 feet where a 35-foot setback is required places the structure closer to the street than any other home on Orchard Beach Place. Page 4 of 10 �s>»a�z