10-29-1984 Council Packet - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO COUNCIL. MEEPING HELD OCTOBER 29, 1984. PAGI' 13 1820 LONIE FISK 2. The use proposed is contrary to the letter and intent of the Orono Comprehensive Plan. 3. The development and or granting of the variance would set an adverse precedent in the City. 4. The applicant/purchaser should have had knowledge of the zoning code requirements prior: to purchase. Any hardship stated here is self-imposed. 5. One-half sewer unit was charged against the property indicating a question on the part of City staff at sometime in the past that the lot was substandard. There was no lateral sewer assessment levied against the property, therefore the question of the buildability of the lot seems to be open and before us. 6. The property falls short of the zoning code to an extent too great to enable justification of granting the variances requested. Discussion continued before the vote was taken. Councilmember Grabek stated that as far as the safety is concerned, there is no problem with a house being built on that lot. Grabek stated that sewer is available, therefore, creating no health problems. Grabek stated that in regard to the welfare question, the house adds nothing but benef it to the neighborhood especially with the condition of the lot being used as a dump. Grabek stated that the lot is in terrible condition. Grabek stated that granting the variance would not change the environment, like tearing down trees, or things like that. Grabek stated that the neighbors certainly had an opportunity to purchase the lot and have had for sometime. Grabek stated that Fisk's affidavit noted some "mystery person" who told him that the lot was buildable, which doesn't influence his decision. Grabek stated that the Council should look at the land as to the best use of that land and to see that no harm will come to the environment. Grabek stated that there is no effect to the environment as a health situation because there is sewer. Councilmember Grabek stated Fisk did impose these difficulties on himself. Grabek asked City Attorney Radio what right does the City have to protect those small parcels of land against the transfer of vested rights to build. City Attorney Radio stated that the neighbors attorney included cases in New York and Illinois that included a cut off point on tax forfeiture property and the vesting of rights cannot go on forever and be aas,.1 ! tro ot_�I _ L land owners. Radio stated that he has been unable to f ini any spec: i f i c cases in Minnesota a averse to that point. Radio stated that in Minnesota it is an open question and t:aat this case could make new law.