09-24-1984 Council Packet - Laserfiche WebLink

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MINUTES OF THE REGULAR CCINCIL MEETING OF SEPTEMBER 10, 1984. PAGE 9 i820 LONIE FISK Mayor Butler noted that when someone buys tax forfeit property they are given a paper that includes a warning that the property may not be buildable. Butler stated that it is up to the owner to investigate into the matter to see whether the lot is buildable. Butler stated that he bought the lot with that risk that it may not be builaable. Butler felt that the lot is too small. Butler 1s'.ed staff to come back with a list of similar variances that have been denied. Phil Bradley of 4075 Oak Street stated the Fisk bought the lot for $7,000. Bradley stated that the lot is 59 percent smaller than the average homesites in Summit Park. Bradley stated that if the Council grants a variance of 75 percent than the City will be bound to granting variances of a higher percentage than this. Bradley stated that he would like to see the ordinances upheld. David Ilse of 4105 Oak Street stated that if he would have known that an appraisal had been done he would have hired his own appraiser. Ilse stated that experts can tell a story two different directions. Ilse stated that if the property were to be used some other way the neighbors property would increase. Ilse stated that by approving this variance would set a precedence for all the zoning districts in Orono. Councilmember Grabek asked if by approving this 75 percent variance, would the City be in a potential danger by setting a precedence. City Attorney Malkerson stated, if in the future the City has another variance application and gives the same findings as this variance Wiis lot has always been a single separate ownership, at one time this lot was a legal lot and the zoning code changed to make it a substandard lot but that the use is still allowed) and there is not evidence to the adverse effect on the health, safety and welfare if the lot is sewered, the City would have the saw, question here tonight. Malkerson stated that the Council should not think about precedence setting but rather look to the property owner and his legal right to the property. Malkerson stated that there ha:-, been no legal evidence to the adverse of feet on the health, safety and welfare to allow a lot to be used in accordance with approval standards. Councilmember Frahm stated that he could see a potential traffic hazard because if this variance is approved, the next four lets in that neighborhood would probably be approved, therefore creating more traffic on a limited roadway.