10-26-1987 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1987 #1177 WATERS CONTINUED City Engineer Cook stated the best and quickest solution at this point is to leave the property as is. He stated there would be problems with restoration which will be difficult, in addition to causing a potential detriment to the lake while it is being restored. In response to City Engineer Cook's comments, Councilmember Sime stated he would have to vote against the motion feeling it would create an unecessary hardship. He felt a partial restoration is preferable. Motion, Ayes 3, Nays 2. Councilmembers Sime and Goetten voted nay. Mayor Grabek directed staff to draft a resolution of denial for final approval. #1188 SHELDON KAPLAN 2695 KELLY AVENUE VARIANCE RESOLUTION #2283 Acting City Administrator Gerhardson explained that this application was tabled pending information from the City Engineer regarding the impact on drainage from new construction. Planning Commission recommended denial of the request. Attorney David Karan was present representing Sheldon Kaplan. He noted the following issues: 1. Two new lots are'not being created, but already exist as two separate lots. 2. Per City Engineer Cook's report, new construction will not affect the drainage. 3. Buildability of the lot is not the issue at this time. This issue can be addressed upon submission of building plans. He noted that obviously the neighbors would rather have a vacant lake lot than a house built on the lot, however, it would not be fair or reasonable to expect the Kaplans to bear the burden of keeping the lot vacant given their expectations when they bought the lot and in consideration of the taxes they have paid on a lot intended to be buildable. Jan Berg, 2655 Lydiard Avenue, pointed out that it is a non - conforming lot with a non- conforming house. She noted that in 1983 the Kaplan's asked the County to reduce the taxes because the lot was no longer considered buildable. 7