10-29-1984 Council Packet - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 29, 1984. PAGE 14 #820 LONIE FISK Radio stated that there may be :-.ises Wiere those vested rights ar.a interrupted. Councilmember Frahm st.Ated that the property has not been inhabited since at least 1975. Frahm stated that the building no longer exists other than the foundation. Frahm stated that the code was adopted originally to keep the density down. Frahm stated that some of the lots were grandfather.ed into -that code and protected, however, when that property is vacant for almost la years, it is his personal opinion that the grandfathered right has been forgiven. Frahm stated that as far as he is concerned that property is not buildable. City httorney Radio noted that in Section 10.08 which deals with variances, subdivision 1, states: "variances should be granted where it does not adversely affect the purpose and intent of the zoning chapter not the health or welfare of the public". Radio stated teat the real test the court is going to apply is did the Council act r-:asonably in acting upon this variance. Mayor Sutldr stated that Meyer could buy the property and combine it with his lot, or the City could buy the property and used for park purposes. Butler stated that this lot falls under the "nibbling syndrome", where if this lot is approved, the City would have to approve the next one based on the precedent setting in the past. Butler stated tilat the City may as well throw out the zoning code if the City doesn't have the authority to deny a variance. Councilmember Grabek stated that the City has to be careful because then it will look like the City will resolve all zoning disputes by the City buying it for park propo-r.cy. Councilmember Frahm stated that when the lot went tax forfeit, the City had a chance to buy the property and refused, therefore, the City has given up its right. Frahm stato:1 that th_, fact that this lot is tax forfeit has affected his decision. Frahn stated that the key is Fisk bought the lot after the zoning code had changed. Councilmember Hammerel stated that this lot only meets 25 percent of the area requirements. Hammerel stated that the tax forfeit issue is important. Hammerel stated that he would vote to deny the variance. Councilmember Grabek stated that the staf f and Council should look at each individual situation and be able to come up with a reasonable approach as to whether it should be granted or denied. Grabek stated that it shuuldn't have anything to do with our ordinance bec-aase there .ire going to be those situations where the City should gritit a vcriince. Grabek stit:a:i that thF_ t