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MINUTES OF THE REGULAR ORONO COUNCIL MELTING HELD SEPTEMBER 28, 1987 <br />X1188 KAPLAN CONTINUED <br />Mayor Grabek stated that hardcover limits and the small <br />building envelope place restrictions on size of house <br />that can be built on the lot i.e. possible only a 1 <br />bedroom walkout could be built. <br />Councilmember Goetten - was opposed to the variances and <br />felt that the City could refund the sewer and water fees <br />paid. In addition, she felt there were other instances <br />where similar common ownership situations were not <br />allowed. It is the Councils' obligation to improve <br />situations by adhering to the standards. <br />Planning Commissioner Cohen noted that Hennepin County <br />reduced the property valuation on Lot 1 in 1981 based on <br />the City's zoning ordinances deeming the lot unbuildable <br />without a variance. <br />Motion, Ayes 2, Nays 2. Councilmembers Goetten and <br />Callahan voted nay. Motion failed. <br />It was moved by Councilmember Sime, seconded by Mayor <br />Grabek, to table this application until Councilmember <br />Peterson was present to vote. Motion, Ayes 4, Nays 0. <br />Council reopened review of this application after the <br />arrival of Councilmember Peterson. <br />Mayor Grabek reviewed for Councilmember Peterson the <br />previous discussion and motions made regarding this <br />matter. He strongly recommended that the Council <br />consider the legal basis if denied. <br />Councilmember Goetten reiterated her concern with <br />approving two substandard lots which barely meet the <br />minimum 1 acre combined, and in turn would necessitate <br />hardcover variances for the existing house lot. She <br />also noted concerns with the impact of drainage. She <br />felt the applicant should be reimbursed the sewer and <br />water fees upon denial of the request. <br />Councilmember Sime reiterated the fact that the Kaplans <br />bought two buildable lots in 1959, paid sewer and water <br />assessments on both lots. The two substandard lots <br />currently exist and are not being created. In addition, <br />the lots are consistent with neighboring lot size. He <br />felt the Council did not have the right to diminish the <br />property owner's rights to these buildable lots by an <br />after - the -fact changing of zoning. <br />G <br />