11-10-1997 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 • ( #4 - #2283 Gary and Bonnie Birnbaum - Continued) Jabbour noted that future Council's cannot be bound and expects that this lot is buildable. He informed the Birnbaums that this decision was necessary to clarify the issue. Kelley, while not suggesting this occur in this application, said in taking a pro- active stance, he would like Gaffron to review if there are lots that have been assessed for sewer and are unbuildable. The City can then make an offer to reimburse the sewer assessment before any application comes forward on the property. Kelley noted that the photograph of the property depicts a fence and questioned it. Goetten said she was on the Council in 1987 and had voted against the variance as the zoning is one acre. She noted that while the lot is lovely, it should have been kept as one lot. Goetten said any residence built on the lot will have to be a very small house. She indicated that the lots on record are not adjoined with the property but this property has sewer to Lot 1 and makes the property substandard. Goetten reported that she will still vote against the application at this time as she did so previously in 1987. Birnbaum said he would take exception to Goetten's comments noting a 1500 s.f. footprint could be built on the lot. As far as setting a precedence for other homes, • Birnbaum indicated that the size is the same as previously approved and 57% of the lots in the area are under one acre. Goetten interjected that those are separate lots so they present a different situation. She said she would not allow a new subdivision to make a lot substandard. Birnbaum said the plat occurred before regulations were in effect. Gaffron confirmed that the lot was platted in the 1940's or 1950's, and the application in 1987 was for a variance only. Birnbaum said the issue at that time was whether the lot was buildable. Flint said he would not support the application based on the logic shown by Goetten regardless of what took place in the past. Cook indicated the need for a 5' easement on the west side of the property for the piping of drain tiles. Mrs. Birnbaum confirmed that there is a pipe running along that side. Kelley noted that this is not a part of this application. Jabbour confirmed that it would have to be settled with the City Engineer at another time. Flint asked to be shown where homes are located along the lake that are less than 1/2 acre. Staff pointed out a variety of lots on the plat map. Peterson said she supported the application in 1987 because of the sewer assessment and will be consistent with that support at this time. 9