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Resolution 897
Orono
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Resolution 0001-7547
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Reso 0800 - 0899 (June 27, 1977 April 13, 1978)
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Resolution 897
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' lots as to size and area be governed by and subject to the <br />• policy of the City Council in order to promote the health, <br />welfare, sanitation and the like of the neighborhood and all <br />proposed lots should conform in area to the existing lots in <br />the general area of the proposed subdivision and conform to <br />the minimum building lot sizes established by the Zoning <br />Code. <br />30. The proposed lots do not meet the minimum require- <br />ments of the Zoning Code. <br />31. The proposed lots do not conform generally to the <br />existing lot and existing lots in the area. Mr. Plowman, who <br />purportedly is a contract for deed vendee in a contract for <br />deed from Mr. Braun, has argued that the final plat has been <br />approved previously and therefore any required variance was <br />approved by such action. Mr. Plowman's argument fails for <br />each of the following reasons: <br />A. It is the city's long-established policy that any <br />final plat which has not been filed within one year with the <br />Office of the Hennepin County Recorder is void and the subdi- <br />vider must reapply under all existing ordinances, regulations <br />and policies. This requirement has been applied to numerous <br />subdividers prior to Mr. Braun. <br />• B. Any variance which may have been granted expires <br />within one year after the approval pursuant to §32.371 of the <br />Orono Zoning Code which provides: <br />• <br />"Variances shall expire one year after the <br />date of council approval if not used. Any <br />change in use of the property shall require <br />a new variance." <br />C. No separate variance application has been filed by <br />Mr. Braun or by anyone else for this property and therefore the <br />City Council may not approve of one at this time. <br />32. The reasons for any prior delay were as admitted <br />by Mr. Plowman and Mr. Braun: <br />A. The two of them could not agree as to who would pay <br />the park dedication fee, the water assessment, the cost of sur- <br />veys, the soil borings, and other costs incidental to the <br />subdivision procedure. <br />B. Mr. Plowman signed a contract for deed for the pro- <br />posed lot in 1975, prior to the final plat approval and prior <br />to the filing of a record plat with the Office of the Hennepin <br />-7- <br />
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