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� <br /> � <br /> , c�t� o� oR,oNo <br /> � RESOLUTION OF THE CITY COUNCIL <br /> � <br /> � NO. 2637 <br /> • � • • <br /> 26. The applicant has provided soil testing, proposed <br /> septic system designs, and proposed site plans for each of <br /> Parcels 2 and 3 which indicate that technically, septic <br /> systems can be provided to serve a residence on each of <br /> Parcels 2 and 3, meeting the required sanitary setbacks. <br /> However, technical feasibility is not the only criteria <br /> considered by the City in reviewing variance applications, <br /> and in this case and other similar cases, the City has also <br /> � considered, as a matter of policy, the potential adverse ' <br /> effect of higher density housing on the quality of Lake <br /> Minnetonka and the potential adverse effect on the general <br /> health, safety, and welfare. <br /> 27. The app Iicant maintains that when the zoning was <br /> proposed to be changed from R-1C (1 acre) to RR-1B (2 acre) <br /> in 1974, he attended the public hearings and was told that <br /> his Iots would stil I be buildable under the new zoning. This <br /> occurrence has not been documented by the applicant nor can <br /> � it be verified by the City. Whether or not it occurred, the <br /> zoning code adopted by the City Council would be binding. <br /> Mr. Ferrell was notified in writing by the City in 1981, <br /> upon inquiry, that under the current code, no building <br /> permits for a new house would be issued, and that no basis <br /> existed for the granting of variances. <br /> 28. The 1967 zoning code, which designated the property as <br /> R-1C, 1 acre, 140 foot width, stated as follaws regarding <br /> existing lots of record: <br /> 31.200. Existing Lots. A lot of record existing upon <br /> September 14, 1967 (the effective date of the zoning <br /> code ) under single separate ownership in a "R" <br /> Residential District, which does not meet the require- <br /> ments of the Zoning Code as to area or width may be <br /> uti3.ized for a single family detached dwel ling purpose <br /> provided that in the judgement of the Council such use • <br /> does not adversely affect public health or safety. <br /> Single separate ownership includes joint ownership by <br /> not more than twp persons. <br /> Page 8 of 13 <br /> • <br />