11-13-1984 Council Packet - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO COUNCIL MEETING 1f1:LD OCTOBER 29, 1984. PAGE 13 1820 WNIE FISK 2. The use proposed is contrary to the letter and intent of the Orono Comprehensive Plan. 3. The development and or granting of the variance would set an adverse precedent in the City. 4. The applicant/purchaser should have had knowledge of the zoning code requirements prioi_to purchase. Any hardship stated here is self-imposed. 5. One-half sewer unit was charged against the property indicating a question on the part of City staff at so-netime in the past that the lot was substandard. There was no lateral sewer assessment levied against the property, therefore the question of the buildability of the lot seems to be open and before us. 6. The property falls short of the zoning code to an extent too great to enable justification of granting the variances requested. Discussion continued before the vote was taken. Councilmember Grabek stated that as far as the safety is concerned, there is no problem with a house being built on that lot. Grabek stated that is available, therefore, creating no health problems. Grabek stated that in regard to the welfare question, the house adds nothing but betief it to the neighborhood especially with the conditi.in of the lot being used as a dump. Grabek stated that the lot is in terrible condition. Grabek stated that granting the variance would not change the environment, ►inv down trees, or things like that. 1rabek stated that the neighbors certainly had an opportunity to purchase the lot and have had for saaetime. Grabek stated that Fisk's affidavit noted some "mystery person" who told him that the lot was buil::able, which doesn't influence his decision. Grabek staged that the Council should look at the land as to the best use of that land and to see that no harm will come to the environment. Grabek stated that there is no effect to the environment as a health situation because there is sewer. Councilmember Grabek stai.ed Fisk did impose these difficulties on himself. Grabek asked City Attorr+el Radio what right does the City have to protect those small parcels of land against the transfer of vested rights to build. City )Ittorney Radio stated that the neighbors-ttorney included cases in New York and Illinois that included] a cut off point on tax forfeiture property and the vestinj of rights cannot go on forever and he passe,] to ooi.=. land owners. Radio stated that he has been unanle to fimj any ap--td-ific cases in Minnesota adverse to tha+_ point. RaIio stated that in Minn#.sotj i*_ is at. guestion and 0it this case could make -iew lair.