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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1987 <br />1188 SHELDON KAPLAN <br />695 KELLY AVENUE <br />VARIANCE <br />City Administrator Bernhardson explained that the <br />applicant owns Lot 1 (.52 acre) and Lot 2 (.62 acre) <br />which total 1.1 acre and never were combined for tax <br />purposes. Applicant is requesting a lot area variance <br />for Lot 1 to create a buildable lot for a single family <br />residence in a 1 acre zone. Lot 1 is intersected by the <br />shoreline of Lake Minnetonka which leaves only .39 <br />contiguous acre in area. If Lot 1 is allowed to be <br />built on, Lot 2 containing the existing house will <br />require lot area and hardcover variances. Both lots <br />have been assessed and are served by sewer and water. <br />Planning Commission recommended denial of the request. <br />David Karan was present representing Sheldon Kaplan as <br />his legal representative and law partner. He noted that <br />both lots were purchased as two buildable lots by the <br />Kaplan's in 1959 (prior to the zoning code change) and <br />have been kept as separate lots for that purpose. Both <br />lots have been assessed and paid for sewer and water. <br />Both the lots are consistent in size with the <br />neighborhood. He felt there were no health, safety, or <br />welfare reasons to deny the variances. <br />Councilmember Goetten stated that the lots combined <br />barely met the minimum 1 acre and was opposed to <br />approving a substandard Lot 1 as buildable which in turn <br />required variances for Lot 2. <br />James Berg, 2655 Lydiard Lane, voiced concerns with <br />drainage which currently drains through the Kaplan <br />property and adding more hardcover would increase the <br />existing drainage problem. <br />Mayor Grabek agreed that the lots were consistent with <br />the neighborhood, and mainly for this reason in addition <br />to reasons noted by Mr. Karan, he made a motion to <br />approve the request putting forth a strong concern and <br />tight regard for setback and variances in building on <br />Lot 1 in order to maximize the drainage issue. <br />Councilmember Sime seconded the motion concurring with <br />Mayor Grabek and because he felt property rights should <br />not be taken away from property owners after - the -fact. <br />Councilmember Callahan basically agreed with Mayor <br />Grabek and Councilmember Sime's comments, however, felt <br />that the topography of Lot 1 is extremely difficult and <br />a house could not be built without numerous variances. <br />Therefore, was reluctant to support approval of the <br />variance. <br />5 <br />