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S 0 Resolution No. 897 RESOLUTION OF THE CITY COUNCIL DENYING THE PLAT SUBMITTED BY JOSEPH BRAUN WHEREAS, the City Council of the City of Orono is charged with the responsibility of controlling subdivisions of land within the City of Orono pursuant to Minnesota Statutes, §462 in order to promote the general health, safety and welfare and to prevent the creation of public harm within the city, and • WHEREAS, Joseph Braun has applied for the subdivision of land located within the City of Orono into two separate lots, each of which will be substandard according to the zoning and platting ordinances and comprehensive plan of the City of Orono, NOW, THEREFORE, based upon the recommendations of the Planning Commission and staff, and after having heard and reviewed lengthy testimony and reports, the City Council of the City of Orono denies the requested subdivision and if any variance has been requested, the City Council denies the variance based upon the following facts: • 1. The original application for subdivision of the land was made by Joseph Braun on February 25, 1974. 2. At that time the proposed lots did not meet the minimum lot width requirements in that each lot was only 50 feet in width at the lakeshore. 3. In order to approve a subdivision of this type, with two substandard lots as to lot width, Mr. Braun should have filed for a variance and no variance was applied for at that time. 4. The Zoning Administrator's memo of February 13, 1975, noted probable soil problems and drainage problems on the proposed additional lot which should have been answered by the applicant. 5. The Planning Commission reviewed the proposal on March 17, 1975, and did not call a public hearing for citizen information or participation. 6. The City Council on March 25, 1975, approved the preliminary plat conditioned upon the payment of $580 water unit assessment, which assessment has never been paid by