11-28-1988 Council Packet - Laserfiche WebLink

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To: Mayor Grabek & Orono Council Members City Administrator Bernhardson Frc: Jeanne A. Mabusth, Building & Zoning Administrator Datos August 17, 1988 subject: #1296 Merritt J. Peterson & Rick Stodola, 1895 Shadywood Rd - After -the -Fact Variances - Denial Resolution List of luhibits Exhibit A - Ben Whitney's Memo Dated 7/19/88 Exhibit B - Letter to Gustafsons Dated 8/17/88 Exhibit C - Denial Resolution At the July 11, 1988 meeting of the Council, Council conceptually denied the lot area application of the applicants and directed staff to draft the appropriate denial resolution. That resolution has been prepared for your formal review and action. Prior to acting on the applicants' specific request for the maintenance of an accessory residential dock on the property, the City Attorney was asked to provide an opinion regarding the legal issue as to whether the City would be granting a "use variance" if the dock use was approved. Ben Whitney has prepared a memo responding to the legal issues raised by the Council (Exhibit A). Briefly, the memo advises that a variance that would allow an accessory use without a principal use is not a use variance since the dock use is an approved or permitted accessory use within the residential district, and is similar to the types of variances granted to standards set forth in the zoning code for certain uses such as the lot area variance that you dealt with earlier with this application. You will be asked to address not only the issue of the dock use but any future reasonable use of this unbuildable property. Please review the original staff memo that cited all the issues raised throughout the review in addition to the Planning Commission comments and recommendation. Upon resolve of the dock issue, direct staff to amend the enclosed resolution to to reflect the final action of the Council. A registered letter has been sent to the Gustafsons advising them of the final dispensation of this application at your next meeting. It also asks then to attend and if they were unable to attend, to schedule a meeting with staff so that we may resolve the many issues surrounding their remaining properties within RLS #1216 and the lot referred to as Exception or 0003 in the staff memos.