10-29-1984 Council Packet - Laserfiche WebLink

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MINUTES OF 'rim REGULAR ORONO COUNCIL MEETING HFLO OC'fOI FR 29, 1984. PAGE 7 182e LONIt✓ F[SK Councilmember Adams asked when Benschoof observed the Fisk lot and the neighborhood. ,jimlienschoof stated late Saturday morning around noon. Benschoof stated that he observed a low volume of traffic on Oak Street. Benschoof stated that he also -heck^d the Hennepin County flow map whic revealed 49(; iicles per day. Benschoof stated that he conducted a _;acity analysis based on the expected pear tra:fic- that would be likely to pass through the inLi�rser_tion. Ron Batty, neighbor's attorney, wanted to note what is 01 trial here. Batty stated that the City's Ordinance is not on trial. Batty stated that the City adopted the ordinance some nine years ago. Batty stated what is on trial is the applicant's request to deviate or vary from the ordinance's standards by not a small amount but an amount only one -quarter the size it is supposed to be. Batty stated that the neighbors are here to support the ordinance that the City drafted and adoptwj . Ron Batty stated that t'.lerc- has henn concern about the City proving that there will be some calamitous result in granting this variance on the healtn, safety and welfare. Batty stated the i est answer to the health, safety, and welfare pro:)lein is that wnich is expressed in the City's own ordinance. Batty stated that tale City's ordinance est•iblishes the type of development th�it the City waits to see in this particular neighborhood. Batty stated that the Council has already made the determination with regard to the health, safety, and welfare. Batty stated that the problemwith the analysis that Benschoof presented was th-it they are jook;ng at a pirl.ictilar case under a microscope rather than viewing the larger picture. Ratty stated that one more house is not going to present a terrible traffic problem. Ron Batty state] that the City is not dealing with a case where the property owner has owned the property prior to the adoption of the ordinance or acquired it through inheritance. Batty stated that instead this is a case wh-.!re the individual sought out the property and purchased it and then places himself in the position where he needs the City's assistance to make i[ a developable lot. Batty stated that th).s is significant because it speaks to the heart of the self created hardship issue which courts have consistently found to be persuasive. Batty stated if an individual can do this and come to the City and seeks assistance, this places a great deal of power in the individual property owner..