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MINUTES OF THE REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1984. PAGE 10 <br /> #820 LONIE FISK Phil Bradley of 4075 Oak Street stated that there is <br /> only one access out of that neighborhood. <br /> Councilmember Adams stated that he is reluctant to <br /> approve this large of a percentage for a variance but <br /> yet then the City is denying the property owners <br /> rights. Adamsstated that research should be done on <br /> denial of any similar variances. Adams stated that he <br /> is reluctant to give incentives to people who <br /> speculate on tax forfeit lands . <br /> Councilmember Hammerel stated that he is concerned <br /> with the intent of the zoning code . Hammerel stated <br /> that by granting this variance it could set a <br /> precedence . Hammerel stated that he doesn ' t <br /> understand how the courts can deny the City code. <br /> City Attorney Malkerson stated that when the code <br /> speaks on the intent and purpose about the desire to <br /> promote open space it does not mean that the City has <br /> any more authority than what is setforth in the <br /> performance standards and what the constitution and <br /> statutesallow. Malkerson stated thatit talksabout <br /> open space in the code. Malkerson stated that when <br /> the City went to a one-acre zoning it was to make sure <br /> that a lot of the vacant land when new parcels <br /> developed would be developed as one acre density. <br /> Malkerson stated that the courts have said that when <br /> previousCouncils approved a zoning code that allowed <br /> for lots like this , that that Council had set in <br /> momentum a certain constitional right then that stays <br /> with that property, subject to slight changes that a <br /> current Council can bring about through its police <br /> power. Malkerson stated that this was a legal lot at <br /> one time. <br /> Councilmember Grabek moved, Councilmember Frahm <br /> seconded, to approve the variance for Lonie Fisk based <br /> on thefindingsstated previously. Motion, Ayes (2 ) , <br /> Nays (3 ) . Mayor Butler, Councilmembers Adams and <br /> Hammerel voted nay. Motion failed . <br /> Councilmember Frahm stated that he has not heard <br /> testimony that would effect the public health, safety <br /> and welfare and therefore cannot legally deny the <br /> variance until he has heard such testimony. <br /> Mayor Butler asked staff to research the question and <br /> give us book chapter and verse on the impact of changes <br /> of character of neighborhood, denying the open space <br /> protection of the zoning code, the fact that this lot <br /> is 59� smaller than all other lots in the neighborhood, <br /> where the City said "no" on lot area and lot width <br /> variances and why, any lots similar to this with sewer <br /> . and houses, and if so where and when, and under what <br /> zoning code. Butler stated that the integrity of the <br />