Laserfiche WebLink
19. The applicant maintains that the property was divided <br />such that new homes could be built on each of Parcels 2 and <br />3 according to City codes at the time of division. The <br />exact date of the filing of the division has not been <br />established. If it was prior to October 12, 1959, both <br />Parcels 2 and 3 would have been conforming lots under the <br />code in effect at '_.nat time. <br />20. The applicants have provided soil testing, proposed <br />septic system designs, and proposed site plans for each of <br />Parcels 2 and 3 which indicate that technically, primary and <br />alternate drainfie-d sites can be provided to serve a <br />residence on a combination of Parcels 2 and 3 meeting the <br />required sanitary setbacks. In reviewing variance <br />applications, technical feasib.i.lity is one of the criteria <br />considered by the City. The City also considers, as a <br />matter of policy, the potential adverse effect of higher <br />density housing on the quality of Lake Minnetonka and the <br />potential adverse effect on the general health, safety and <br />welfare. <br />21. The applicant maintains that when the zoning was <br />proposed to be changed from R-lC (1 acre) to RR-lB (2 acre) <br />in 1974, he attendc3 the public hearings and was told that <br />his lots would still be buildable under the new zoning. <br />This occurence has not been documented by the applicant, nor <br />can it be verified by the City. Minutes of the public <br />hearing indicate only general comments were made regarding <br />existing lots of record. Regardless of what was said at <br />those public hearings, the zoning cede adopted by the City <br />Council would be binding. <br />22. Mr. Ferrell was notified in writing by the City staff <br />in 1981, upon inquiry, that under the current code, no <br />building permits for a new house would be issued, and that <br />no apparent basis existed for the granting of variances. <br />23. The 1984 zoing code currently in effect includes <br />Section 10.03, Subdivision 6 (C) which prohibits the <br />"transfer or sale of non -conforming, undeveloped lots not <br />served by public sanitary sewer, aligned in a continuous <br />arrangement, undivided by a public or private road or road <br />easement and under the same or common ownership" unless <br />specifically approved by the City Council, or unless the <br />resulting lots satisfy the area and width requirements of <br />the zoning code. No performance standards for approval of <br />such transfers appear in the code. <br />Page 5 (,f 10 <br />