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10-29-1984 Council Minutes
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10-29-1984 Council Minutes
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MINUTES OF THE REGULI�R ORONO COUNCIL MELTING HELD OCTOBER 29 , 1984 . PAGE 14 <br /> #820 LONIE FISK Ra3i:� stated ti�at there may b� :�.�scs w'n�:re tizose vested <br /> rig�ts ar,� interru��t-��d . <br /> Councilmember �ra?z,n staz��d t�at the property has not <br /> been inhabited sinc�� at least 1975 , crah�n si:ated that <br /> th� buildiny no longer exists ocher than the <br /> foun3ation. �� rahm stated t�zat the c�de was adopted <br /> originally to kee�� the density down. Fra+am stai.2d that <br /> s��:ne of tize ].ots were grandfat��ered into"t}�at code and <br /> orote�k�d , however , when ti�at nr_operty is vacant for <br /> almost lvl ye�rs, it is his �ersonal opii.zion that the <br /> grandfathered rig�t nas b�e�� forgiven. r^.r�h.n st�i_ed <br /> ti�at as far as ,�e is concerne�� that orop�rty is not <br /> iJ'�I1 ic��3olP . <br /> City AttornF�y Radio noted tnaz in Section 1�3 . G�8 which <br /> �eals with variances , supdivision l , states: <br /> "variances s;�ould be grante�� where it does not <br /> adv2rsely affect tne uurpo:�e and intent of tne zoning <br /> chaoL_r nor L-1�` heaitn or welfare of tl�e public" . <br /> �ac3io st�i:ed t��at ti�e r_eal_ tesi. the court is going Lo <br /> ap��ly is did tne Co�ancil. ac� rf;asor�ably ii� aciin�� �.�oon <br /> tnis variance. <br /> �layor Biiti�� st.�ced that Meyer couica bay L�z�� pro��er�y <br /> and combine it with his lot, or the :.ity couid buy t�12 <br /> uroper�y and usec, Eor park purooses. Butler staf�ed <br /> chat this lot f,3t]_s und��r. tne "niabling syndro�ne" , <br /> w��er�� i � tnis lot is a�provF�d , th� City �aou:ld have to <br /> approve the next one 'aasecj on the �r_�cedent s�Lting i�� <br /> the past. Butler stai:ed �;�at the City may as well thro�a <br /> ouL- tne zoning cod� if tne City doesr� ' t hav� the <br /> autnorii_y to C3f31�y a variance. <br /> Councilmember Grabek stated that� the City has to be <br /> c��reful bacause then it will look liice thn City will <br /> r2solve all zoning disputes by tne City buying it for <br /> park pro�Q�r_ cy . <br /> Councilmember r�rahm stated that wnen the lot wenc t�;c <br /> forfeit, the City had a chance to buy th? p�_operty and <br /> refused, therefore, the :.ity has given u�� its right. <br /> r^_ rahn sLace:3 tizat tize ia�t ti�at ti�is lot is tax for:C�ii <br /> has affected his decision. Frahn si.ace�� t;�at the key <br /> is Fisk bougi�t the lot after the zoning code had <br /> changed. <br /> Councilmember Hammer�l stated that this lot only meets <br /> � 25 nercent of t'ne area require�n�nts. Hammerel stated <br /> that the tax forfeit issue is irnportant . Hammerel <br /> state� that he would vote to deny tne variance. <br /> Councilme�rber Grabek stated that the staff and Council <br /> should look at each individual situation and be able to <br /> come up with a rea5ona'ale approach as to whetner it <br /> shoul� be granted or denied . Grabek stated that it <br /> shouldn' t have a.zything to do wit?� our ordinance <br /> b��:�ause t'nerP ,3re �oir�� to b;� those situations wh�r� the <br /> �ity should �ranc a vzriance . Grabek stai�,�d t��at tize <br />
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