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I <br />MINUTES OF THE REGULAR ORONO COUNCIL MEETING <br />HELD DECEMBER 14, 1992 <br />ZONING FILE #1777 - CONT. <br />It was moved by Butler, seconded by Mayor Peterson, to adopt <br />Resolution #3214, #1777 John Thiesse, 3845 Bayside Road, approving <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 from <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. This 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 City Engineer has <br />recommended requiring additional right-of-way dedication, which Is <br />standard practice with all subdivisions. Because the road <br />dedications make it Impossible for the proposal to meet all zoning <br />and subdivision requirements as noted by the 1980 resolution, staff <br />must recommend denial. <br />It was moved by Callahan, seconded by Butler, to approve <br />App'ications #1778 & #1779 for Andrew Goetten, 1385 Fox Street, <br />for a variance and preliminary plat approval as 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 adopted <br />by the City Council Is a binding contract and should be considered <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 assist <br />in the sewer project. He added the size of the new parcel Is not <br />an issue if the street dedication is not required.