11-13-1984 Council Packet - Laserfiche WebLink

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MINUTES op 'rHE REGULAR ORONO COUNCIL ME:E'fING HELD oC'I'OBER 29, 1984. PAGE 7 1829 LONIE tISK Councilmember Adams asked when Benschoof observed the Fisk lot and the neighborhood. Jim Benschoof stated late Saturday morning around noon. Benschoof stated that he observed a low volume of traffic on Oak Street. Benschoof stated that he also checked the Hennepin County flow map which revealed 490 vehicles per day. Benschoof stated that he conducted a capacity analysis based on the expected peak traffic that would be likely to pass through the intersection. Ron Batty, neighbor's attorney, w, ntod to note what is on trial here. Batty stated teat the City's DrdinancP 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 th,2 City Jrafted and adopted. Ron Batty st• ited that: there has been 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 best answer to the health, safety, and welfare problem is that which is expresser in the City's own ordinance. Batty stated that the City's ordinance establishes the type of development that the City wants to see in this particular neighborhood. Batty stated that the Coun-,l has already made the determination with regard .o the health, safety, and welfare. Batty stated that the problem with the analysis that Benschoof presented was that they aLC looking at: a particular ca ie under a microscope rather than viewing the larger picture. Batty stated t..,at one more house is not going to present a terrible traffi,. problem. Ron Batty stated that the City is not deal ing with a case where the property owner has owned the prop, rty prior to the adoption of th, ordinance or acquiLNd it through inheritence. Batty stated that instead this is a case where 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 it a developable lot. Batty stated that this is significant because it speaks to the heart of the self created hardship issu,, which cc irts have consisttn*'_.1 found to be persuasive. Batty stated if an individual can d. this and come to the City and seeks assistance, this places a great deal of pow�,r in the individual property owner.