Laserfiche WebLink
MINUTES OF THE REGUI-NR COUNCIL MEETING OF SEPTEMBER 10, 1984. PAGE 10 <br />#820 LONIE FISK Phil Bradley of 4075 Oak Street stated that there is <br />only one access out of that neighborhood. <br />Councilmember Adams stated that he is reluctant to <br />approve this large of a percentage for a variance but <br />yet then the City is denying the property owners <br />rights. Adams stated that research should be done on <br />den.ial of any similar variances Adams stated that he <br />is reluctant to gi•ie incentives to people who <br />speculate on tax forf:t. lands. <br />Councilmember Hammerel stated that he is concerned <br />with the intent of the zoning code. Hammerel stated <br />that by granting this variance i.t could set a <br />precedence. Hammerel stated that he doesn't <br />understand how the courts can deny the City code. <br />City Attorney Malkerson stated that when the code <br />speaks on the intent and purpose about the desire to <br />promote open space it does not. mean that the City has <br />any more authority than what is setforth in the <br />performance standards and what the constitution and <br />statutes al low. Malkerson stated that it talks about <br />open space in the code. Malkerson stated that when <br />the City went to a one -acre zoning it was to make sure <br />that a lot of the vacant land when new parcels <br />developed would be developed as one acre density. <br />Malkerson stated that the courts have said that when <br />previous Councils api,.oved a zoning code that allowed <br />for lots like this, that that Council had set in <br />momentum a certain constitional right then that stays <br />with that property, subject to slight changes that e <br />current Council can bring about through its police <br />power. Malkerson stated that this was a legal lot at <br />one time. <br />Councilmember Grabek moved, Councilmember Frahm <br />seconded, to approve the variance for Lonie Fisk based <br />on the findings stated previously. Motion, Ayes (2), <br />Nays (3). Mayor Butler, Councilmembers Adams and <br />Hammerel voted nay. Motion failed. <br />Councilmember Frahm stated that he has not heard <br />testimony that would effect the public health, safety <br />and welfare and therefore cannot legally deny the <br />variance until he has heard such testimony. <br />Mayor- Bit ler asked staff to research the question and <br />give us book chapter and verse on the impact of changes <br />of character of neighborhood, denying the open space <br />protection of the zoning code, the fact that this lot <br />is 59% smaller than all other ?ry*,, in the neighborhood, <br />where the City said "no" on lot area and lot width <br />variances and why, any lots similar to this with sewer <br />and houses, and if so where and when, and under what <br />coning code- Put let stated that the integr ity of the <br />