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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE 10 <br />t820 LONIE: FISK <br />Garth Coller addressed th(--, self-created hardship <br />issue. Coller stated that this was addressed at the <br />last meeting with City Attorney Malkerson's input. <br />Coller stated that the creation of Lhe hardship is <br />created with lots tliat were originally platted and here <br />Lhe zoning code has been changed. Coller stated at <br />t'aat time the hardship is created. <br />Garth C.)1ler addressed Desyl Peterson's cormnents. <br />Coller explained the difference between a land owner to <br />sale and land owner to tax forfeit. Coller stated that <br />chic is irrelevant. Coller stated that in Minnesota <br />this is just not something that the courts look to. <br />Coller stated that here the City has a passing of a basic <br />fundamental constitutional right ofaperson to develop <br />the property. Coller stated that this right doesn't <br />dis,iopoar through the tax forfeiture process. Coller <br />stitl�d that the courts do not look at it like that in <br />M i nnesot•i . <br />:,arch Coller stated that it was mentioned that the lots <br />should be combined. Collier stated that here Fisk has <br />.lone this. Coller stated that the lots were in common <br />ownership when the ordinance was passed. Coller <br />stated that this is the key. Coller statc:l that those <br />two lots have been combined. <br />Garth Collar stated that tine remarks made about <br />Benschoof's analysis that Benschoof did not look at the <br />larger picture. Coller states that this is factually <br />incorrect. Coller stated that the traffic, study for the <br />neighborhood included the likelynood of other <br />buildable lots in that area. Coller stated three maybe <br />four lots could be developed in that area and the <br />traffic analysis addressee this to.). <br />Garth Coller addresi-M the discuss..on in regard to the <br />claim of a self-imposed hardship. Coller stated that <br />Fisk indeed engaged in n.?gotiations to sell tnis lot. <br />Coller stated that he had an offer of $14,000 for the lot <br />which he accepted subject to the conditions that the <br />neighbors couldc�btain financing. Coller stated that <br />applicant waited a long time under the assumption that <br />this deal was goin,_1 to go through. Coller stated that <br />they delayad their presentation under that scenario. <br />Coller stated that he conducted research on whether or <br />not payments could be taken over based on the payments <br />that go for the tax forfeit property. Coller stated <br />that answer was yes, and that was proposed to the <br />neighbors. Col ler stated then at a very late stage in <br />the contract negotiations, Don Meyer came forth with <br />his offer. Coller stated that this is an offer that <br />supposedly stands today. Coller presented the <br />original document that was presented to Fisk to the <br />Council. Coller stated that Oe offer li,,s words of <br />nejotiation, which in a real es Late cunLr-v t, mAke it <br />nothia•i more thin an ��nL is neoL to 1*2al. (",-)ller st.Ated <br />this is not .i .veal off.:r for inv ours)oses. <br />