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11-13-1984 Council Packet
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11-13-1984 Council Packet
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MINUTrs OF Ti*.' RF.GUf.AR ORONO COUNCIL ME,TIN G HELD OCTOBER 29, 1984. PAGE R <br />Batty stated that Zoning Administrator Mabusth has <br />#820 LONIE FISK t-estifi,-�d that Mr. Fisk has been involvedwith the City <br />before on a zoning application and should have been <br />cognizant of the zoning ordinance. Batty stated that <br />there is also two affidavits on file by the Fisks. <br />Batty stated that Fisk stated that he talked with <br />someone at City hall who said it would be alright to <br />build, but Fisk cannot name that person.. Batty asked <br />the Council what a prudent person would do -in a case like <br />this. Ratty stated if he was going to place $7,000 in <br />an investment that he would Inquire further than to rely <br />on some unnamed person at City Hall. <br />Ron Ratty stated that there are other lets that can be <br />developed in the City and Iiat. this case will set a <br />precedent for future lots. Batty stated that the <br />solution to this problem is to have the property sold to <br />an adjacent property owner. Batty stated that Don <br />Meyer (adjacent property owner) has offered to buy the <br />property. Batty stated that the New York courts, when <br />dealing with th? issue of selling property t3 adjacent <br />iroperty owners, look at the value of the property <br />without a variance. Batty stated that in September the <br />City saw a report which gave three values for the <br />property. Batty stated $1,000 if no variances were <br />granted. Batty stated $12,000 if a variance was <br />granted and if several improvements were made on the <br />property (well, sewer connection, etc). Batty stated <br />$17,000 after developed with a huuse on the property. <br />Batty stated that New York courts would suggest $1,000 <br />would be appropriate exchange for the property. Batty <br />stated that courts in Illinois dea' with how much the <br />individual has investe.i in th? property. Batty stated <br />that the property was purchased for $7,000, and <br />Illinois courts would su(;yest that $7,000 for the <br />property is a fair Brice. <br />Ron Batty stated that the neighbc;rs leave made an offer <br />which is a standing, valid offer, whi,:h the applicant <br />has chosen to reject the offer which betters both of <br />those prices. Batty stated that there is no longer no <br />alternative use for the property. Batty stated that he <br />cannot be compelled to sell the land, but if he refuses <br />to sell the land he should not be heard to come bza,-k to <br />the City and s.iy the City has to give him the variance. <br />Desyl Peterson of 4385 Chippewa Lane stated that she <br />came to the meeting after reading an article in the <br />paper regarding this application. Peterson asked the <br />Council to conside-- the following for basis of denial of <br />the application: <br />
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