Laserfiche WebLink
6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING <br />HELD NOVEMBER 16, 1992 <br />s <br />ZONING FILE #1778/1779 - CONT. <br />Gaffron explained the property is 3+ acres at the corner of Orono <br />Orchard Road and County Road 15. The MUSA boundary line divides the <br />property. During the 1980 Minnetonka Bluffs area sewer project, the <br />Goettens dedicated an easement for a lift station in exchange for <br />the City granting the ability to subdivide the property creating <br />one 2 acre, unsewered, building site. Resolution #1178 established <br />criteria for that division, however, the resolution does not <br />suggest how to develop a one acre parcel within a 2 acre zoning <br />district. Two options may be by a variance or by rezoning. The City <br />Attorney opines that rezoning of the entire Bluffs area to 1 -acre <br />standards would not be considered spot zoning as it would be <br />residential property staying residential, and it would be fitting <br />a set of residential standards to properties that already are <br />developed. He stated another similar situation is the Hackberry <br />Hill area. He noted the applicant has relied on this Resolution for <br />the past 12 years to allow the subdivision of his property. He <br />asked what is the City's obligation to allow this type of <br />subdivision, and if any, under what process. <br />Bellows asked if they are bound by decisions of a previous Council. <br />Gaffron stated the Attorney has not addressed this issue. He noted <br />past experience indicates actions by a previous Council do not <br />necessarily bind a present Council. <br />Mabusth asked if Gaffron has ever written a resolution such as <br />Resolution #1178. <br />Gaffron explained he was involved with the drafting of this <br />resolution. At that time, Mr. Benson and Mr. Olson were involved <br />with discussions with Mr. Goetten and minutes direct staff to draft <br />a resolution but do not specifically outline criteria. He felt the <br />intent of the resolution was to establish one sewer unit for a <br />three acre parcel, and give the property owner some comfort that <br />the City in the future might allow a subdivision of a 1 acre <br />sewered lot and a 2 acre unsewered lot. <br />Bellows asked about setting a precedent. <br />Gaffron stated they would need to look closely to determine <br />specific and unique criteria for approval to avoid creating a <br />negative precedent. <br />9 <br />