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LR-IC, half acre district. In both cases, sewer had been assessed <br />on the property. Only one of these cases was a lakeshore lot. <br />';hat lot was 0.1" acre and required a variance of 61%. Henrich is <br />requesting a lot area variance of approximately 81%. <br />The total variance sought by Henrich (81%) is significantly <br />greater than past variances granted to lakeshore lots in the LR-1B <br />zoning district (From 1982 to 1.987 variances ranged from 40% to <br />61%). <br />Henrich claims that the sewer assessment operates in the <br />nature of an estoppel precluding the City from denying the <br />requested variances. This argument fails because at the time the <br />property was assessed for a sewer unit, a substantial structure <br />exited on the the property. Since the building has been razed, the <br />sewer assessment has continued, but the lot has been taxed as a <br />yard rather than as a buildable lot. In sum, while a sewer <br />assessment has carried some weight in a number of variance <br />determinations, it is by no means a conclusive presumption of <br />buildability. It has never been the sole factor in any variance <br />determination. <br />Since 1975, Henrich ha- ,r.aintainer' the lct adjacent to his <br />existing residence as a side yard. Presumably, this use would <br />continue, affording Henrich reasonable use of the property and <br />precluding assertion of an unconstitutional taking. <br />CONCLUSION <br />Henrich's objections to the Council's proposed resolution <br />denying the requested variances for lot 19, Highwood Lake <br />Subdivision, on the basis of the existing sewer service and not <br />supported by Minnesota legal authority or by the City's variance <br />practice. <br />5022w <br />