request for council action/variance denial

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� � �. � . MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETI�(G HELD ON NOVEMBER 10,1997 (#4 -#2283 Gary and Bonnie Bimbaum-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 su?gesting this occur in this application,said in takin8 a pro-active stance,he would like Gaffron to review if there are lots tha Iho I�burse the sew�er sewer and are unbuildable. The City can then make an off . assessment before any application comes fon�ard on the property. Kelley noted that the photograph of the properry 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�vill have to be a very small house. She .. indicated that the lots on record are not adjoine azd.�Goett nreport d that she will sti11 . sewer to Lot 1 and makes the property substand , vote aaainst 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 separe sed araae lots so they � in the area are under one acre. Goetten inter�ected that tho P present a different situation. She said she would not allow a new subdivision to make a lot substandard. Birnbaum said the plat occuned before regulations were in effect. Gaffron confirmed that the lot�vas 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�vhat 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 runninD 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�vhere 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�vith that support at this time. . 9