05-08-1989 Council Packet - Laserfiche WebLink

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26. The applicant has provided soil testing, proposed septic system designs, and proposed site plans for each of Parcels 2 and 3 which indicate that technically, septic systems can be provided to serve a residence on each of Parcels 2 and 3, meeting the required sanitary setbacks. However, technical feasibility is not the only criteria considered by the City in reviewing variance applications, and in this case and ether similar cases, the City has also considered, as a matter of policy, the potential adverse effect of higher density housing on the quality of Lake Minnetonka and the potential adverse effect on the general health, safety, and welfare. 27. The applicant maintains that when the zoning was proposed to be changed from R-IC (1 acre) to RR-IB (2 acre) in 1974, he attended the public hearings and was told that his lots would still be buildable under the new zoning. This occurrence has not been documented by the applicant nor can it be verified by the City. Whether or not it occurred, the zoning code adopted by the City Council would be binding. Mr. Ferrell was notified in writing by the City in 1981, upon inquiry, that under the current code, no building permits for a new house would be issued, and that no basis existed for the granting of variances. 28. The 1967 zoning code, which designated the property as R~1C, 1 acre, 140 foot width, stated as follows regarding existing lots of record: 31.200. Existing Lots. A lot of record existing upon September 14, 1967 (the effective date of the zoning code) under single separate ownership in a **R" Residential District, which does not meet the require ments of the Zoning Code as to area or width may be utilized for a single family detached dwelling purpose provided that in the judgement of the Council such use does not adversely affect public health or safety. Single separate ownership includes joint ownership by not more than two persons. Page 8 of 13