06-12-2006 Council Minutes - Laserfiche WebLink

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• ORONO CITY C( Monday, J 7:00 o'c OF THE rNCIL MEETING to 12, 2006 ck p.m. (6. #06 -3196 PAT McNAUGHTON /EDWARD HAMM,1391 FOX STREET, 1401 SHORELINE DRIVE, Continued) Callahan reviewed the history of the land owned by Mrs. Goetten, with the intent of the Goettens to separate Lots 1 and 2. Callahan stated there were a number of issues raised by the City and the Goettens were not willing to approve the division of the two lots unless Outlot A were combined with Lot 1 so as to conform to the City's requirement of a two acre buildable lot. Callahan stated in order for the City to get conformity with its policies and zoning laws, the City approved the division and that it is not his recollection of the approval that it was meant to be a temporary policy. Callahan stated there should be something about t the changing of the policy rather than the Council on what has been submitted and discussed concer policy and that approval of the application by the policies or some other circumstances that dictate :)itrarily changing the policy. Callahan stated based g this application, there is no basis to change the uncil would be setting a dangerous precedent. Callahan stated one of the actual factors to consider is the taking of the economic benefits that would be enjoyed by the Goettens away if this application is approved. Callahan commented adoption of the resolution would also be contrary to the City's zoning code and would be setting a bad precedent because the approval in effect would say to a property owner who owns a two -acre buildable piece of property that he would be able to sell a strip of land ,to his neighbor. Callahan requested the Council consider the repercussions approval of the application would have on the City's zoning code. • Callahan further pointed out that a hardship does not exist to grant the lot line rearrangement. Callahan stated it is his understanding it is the City's desire to protect the lake and that once these two lots are combined and a driveway is constructed on the outlot and a house is built, there would be additional runoff into the lake. Callahan noted the Hamm lot was assessed for sewer and was considered a buildable lot by the City. Callahan pointed out that whatever house is constructed on the lot would be restricted and that it would be a better policy decision for the City to not allow construction of a house on the lot in order to protect the lake. McNaughton pointed out that the Goettens received fair market value for the land and that she did receive economic benefit from the special arrangement. McNaughton noted there are hardships to having the lot across County Road 15 due to safety concerns as well as the fact that Hennepin County feels the present access is unsafe. • Murphy inquired whether the applicant was aware the property. McNaughton stated he was not aware. Murphy commented the applicant could perhaps McNaughton reiterated his concern regarding the sa attempting to achieve safe access to the lake by the Barry Cavalanski, 1399 Orono Lane, stated safety and that the driveway as proposed is very close to delineated survey has been conducted on this prof the traffic on County Road 15 prior to purchasing done better due diligence prior to purchase. y of crossing County Road 15 and that he is line rearrangement. a concern with many of the Orono Lane residents, bus pickup point. Cavalanski inquired whether a y and whether the application before the Council PAGE 7 of 7