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365-373 Westlake Street Combination <br />October 22, 1998 <br />Page 3 <br />Finance Director Tom Kuehn and 1 have discussed whether there is a precedent for refunding paid <br />sewer as.'ossments when a house is tom down. We haven't found one identical to the current <br />situation. Council has w'aived unpaid sewer assessments for a small number of vacant properties that <br />had never been built on and never connected, which were ultimately combined as additional yard <br />area for adjacent properties (Eastlake Street, Tonka Avenue). Council did waive the unpaid sewer <br />assessments for the old gas station at 1950 Shoreline, which had been connected to sewer for a <br />number of years; however, that was a non-confomiing use situation that the City had a great interest <br />in eliminating. Refunding in the current situation, where the sewer had been connected and used for <br />a number of years, and the assessment already paid off, may set a dangerous precedent. <br />Staff Recommendation <br />1.Direct staff to approve the legal combination when the County paperwork comes through, <br />subject to the removal of plumbing from the building at 373 Westlake Street. <br />2.Accept the e.xisting structure at 373 Westlake as an existing non-conforming accessory <br />building due to its location nearer the street than the principal residence, for a limited time <br />until a new house is built on the combined lots. Fiedler has indicated he v likely build <br />witliin 1-2 years, and staff suggests a condition that the structure be removet lin 2 years. <br />3.It may be most appropriate to formalize the above approval and conditions in the fomi of a <br />resolution for adoption at your next meeting. <br />4.Given the potential negative precedent that could be set by refunding sewer assessments on <br />a residential property where sewer had been connected and in use for a number of years, staff <br />recommends against the refund, Mr. Fiedler intends to be at the meeting to present his <br />request. <br />COUNCIL ACTION REQUESTED <br />Direct stalT how to proceed regarding the combination and regarding the assessment refund request. <br />I <br />1