10-29-1984 Council Packet - Laserfiche WebLink

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MINUTES OF TILL•' REGULAR ORONO COUNCIL, MEETING HELD OCTOBER 29, 1984. PAGE 5 1820 LONIE FISK Garth Coller stated that there is no adjacent land available. Coller stated that the Planning Commis- sion recommended approval of this variance that that they are the experts in this matter. Coller stated that there is an existing foundation, it was not a lakeshore cabin, but an actual residence. Coller stated that there is a sewer stub pcuvided to the property. Coller stated that it has been assessed for one-half sewer unit. Coller stated that granting this variance would increase the health, safety and welfare of the City by discouraging the continuation (or the future use) of the property as a dump. Coller stated that the property has a history of being used as a dump. Coller stated that the property right now is no longer in that condition, but it is a possibility in the future. Coller stated that the adjacent property (Meyer lot) would probably need more variances than Fisk. Coller noted that City Attorney Malkerson noted at the last meeting that neighborhood opposition is not a determining factor, and that the City must only weigh this variance from the health, safety and welfare factors. Coller stated that the proposed site plan satisfies all setback requirements. Garth Coller cited one recent case "Arnold Palmer vs City of Plymouth". Coller read the following from that case: "Under circumstances similar to those which the plantiff'sapplication was denied, the City Council has heretofore granted variances. Most recently involv- ing the Troy Ridge project where the comparing circumstances were considerably less. The denial of... the petition was the defendent, City Council, was arbitrary, capricious, unreasonable, and invalid and in violation of his constitutional rights for the following reaso.as: 1. The land is zoned for the intended use. 2. The land is entirely suitable for the intended use. 3. The intended use would not be harmful to the health, morals, safety and the public welfare of the City. 4. Thr denial deprives the plantiff of his constitutional rights, contrary to Section 30, Article 1, The State of Minnesota Constitution, and contrary to the Fourteenth Amendment of the Constitution of the United States. 5. Said City in actual practice, acting administra- tively and not legislatively has under the authority granted to it under zoning ordinance over a period of years, granted variance to the City of Plymouth with circumstances substantially the same as those whos plantiff's application was denied."