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TO:Mayor Grabek and Council <br />City Administrator Bernhardson <br />COUNCH MEETIMI <br />JUL 241989 <br />cmroFORONo <br />FROM: Michael Gaffron, Asst. Planning & Zoning Administrator <br />July 19, 1989DATE: <br />SUBJ:#1420 Kevin/Earl Norwood, 1360 Vine Place - Variance <br />Denial Resolution <br />List of Exhibits - <br />Exhibit A - Notice of Council Action, 7/18/89 <br />Exhibit B - Calculation of Proposed Assessment Refund <br />Exhibit C - Proposed Resolution <br />Exhibit D - Memo and Exhibits of 6/29/89 <br />Discussion - <br />At your July 10, 1989 meeting, Council moved to conceptually <br />deny the requested subdivision, and to conceptually approve a <br />rebate of the second sewer stub assessment, directing staff to <br />determine the dollar amount of a potential refund. Additionally, <br />based on Council's conceptual action, staff has drafted a <br />resolution for denial of the proposed subdivision. <br />Staff is recommending that an appropriate refund amount <br />would be equivalent to the amount that was originally assessed, <br />plus interest due to inflation. This amount is equivalent to the <br />connection charge that would be charged for any property owner <br />wishing to "buy into" a given sewer project, as shown in the <br />current fee schedule. For the 1970 LS-1 sewer project by which <br />the Norwood property is served, based on a unit and front footage <br />basis, the refund amount is calculated at $5,905.84 (see attached <br />Exhibit "B"). <br />Although a refund of previously paid assessments may be the <br />most fair and appropriate action for Council to take in this <br />case, staff would caution that this may be precedent setting. In <br />past cases where lot area variances and buildability have been <br />denied, previously paid assessments have never been refunded, to <br />the best recollection of staff. The following is a list of <br />properties denied lot area variances and buildability since 1982, <br />which had been assessed for and served with municipal sewer; none <br />received a sewer assessment refund after derial: <br />ADDRESS OWNER YEAR DENIED ZONE <br />3545 Ivy Place "Home Builders"1983 LR-IC <br />493 Park Lane Fisk 1984 LR-IB <br />3990 N. Shore Dr.Hedlund 1985 LR-IC <br />3598 N. Shore Dr.Labresh 1986 LR-IC <br />*4115 Highwood Rd.Henrich 1987 LR-IB <br />*3036 Casco Pt. Rd.Glover 1983 LR-IC <br />*Applica:.t withdrew application just prior to anticipated Council <br />Denial Action.