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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 25 of 37 (10. #13-3614 FRED JOHNSON ON BEHALF OF PATRICIA L. PFEFFER, 1565 ORCHARD BEACH PLACE – VARIANCES, Continued) According to the City’s zoning book, Page 78-1134, variances could be granted if a determination is made that the failure to grant the variance will result in exceptional hardship to the applicant. The land was purchased 33 years ago for $150,000. Larson commented this is a valuable piece of ground and has 83 feet of south facing lakeshore, is wooded and private. Larson indicated when he came to the City to ask about a sewer stub, he was told there was not one. The tax assessor was also told there is no sewer stub. A city official by the name of Thomas Jacobs in 1981 signed a demolition order and put it in writing that there was no sewer stub. Larson stated the City has misrepresented to everybody that there is no sewer stub there. Larson indicated Hennepin County has the assessment records showing where the land was charged for lateral sewer. Larson stated there are also errors in the City’s documents. The 1978 resolution states under Item 2 that the property is deficient and consists of 8,000 square feet. Larson indicated the property actually consists of 9,600 square feet. There is also a 19-foot boulevard in the area and a portion of that could be vacated to allow this property to get to the required 10,000 square feet. Larson indicated he has the original 1880 plat. Larson stated the 1978 resolution also states this lot has 80 feet of lakeshore. Gaffron indicated the resolution is Exhibit H of the Planning Commission packet. Larson stated Items A and B in the resolution are incorrect. The state statute refers to errors made in a resolution. Item D is also in error. Larson commented half of the stuff in the resolution is bogus and that Item 5 is in error. Larson indicated he has a survey with elevations showing that the property is on a hill and that the property does not flood. McMillan stated they could have mistakenly called it flooding when it is actually runoff. Larson stated Item 7A relates to traffic congestion. Since this will be a two-bedroom house, very little traffic will be generated. Larson indicated the surface water drainage problems have been addressed by their engineer. Water pollution into Lake Minnetonka is impossible and the ground will be protected during construction and the house will be professionally built. Larson indicated they will put a little pond down there if necessary. Larson stated as it relates to Item E, diminishing the values of surrounding properties, this development will not diminish the value of the surrounding properties and will not create any parking problems. Larson stated the1880 plat shows six 50-foot lots plus another lot that is next to the one they are proposing to develop. McMillan noted those lots do not exist today. Larson stated the intent of the plat was to have these small lots. There is a lot that contains both a house and a guest cottage on it that is clearly marked park. Larson commented there is also another lot that was platted as a common area and not laid out as a buildable lot. Item #02 - CC Agenda - 08/26/2013 Approval of Council Minutes 08/12/2013 [Page 25 of 37]