10-29-1984 Council Minutes - Laserfiche WebLink

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MINUTES OF T13L: R�GULIIR ORONO COUNCIL MI:E1'ING I31:LD OC'i'OI3ER 29 , 1989 _ P11G� 5 #820 LONIE FISK Garth Coller stated that there is no adjacent land available. Coller stated th3t the Planning Commis- sion recommended approval of this variance that that they are the experts in this matter . Coller stated that there is an existing f.oundation, it was not a lakesnore cabin, but an actual residence. Coller stated that there is a sewer stub ordy.ided to the property. Coller stated that it has beer� �assessed for one-half sewer unit. Coller stated that granting this variance would increase the health , safety and welfare of the City by discouraging the continuatioii (or the future use) of the pronerty as a dump. Coller stai.ed that the property has a history of being used as a dump. Coller stated that the property right now is no longer in that condition, but it is a possibility in the future . Coller stated that the adjacent property (Meyer lot) would probably need more variances than Fisk. Coller noted thatCity Attorney Malkerson noted at the last meeting that neighborhood opposition is not a determining factor , anc� that tiZe City must only weigh � this variance from the health, safety and welfare factors . Coller staLed that the pronosed site plan _ satisfies all setback requirements . Garth Coller cited one recent case "Arnold Palmer vs City of Plymouth" . Coller read zhe following from t�zal-. case: "Under circumstances similar to those which the �iantiff ' saoplicationwasdenied, tneCity Council has heretoi-ore g.ranted variances . Most recently invclv- ing the Troy Ridge project where the comparing circumsta►�ces were considerably less . The denial of. . . the petition was the defendent, City Council, was ar'oitrary, capricious, unreasonable, and invalid and in violation of his constitutional rights L-or the following reasons : 1. The land is zoned i-or the intended use. 2 . The land is entirely suitable for the intended use. 3 . The intended use would not be harmful to the health, morals, safety and the public welfare of the City. 4 . The denial de�rives the plantiff of his consi�itutional rights , contrary to Section 3P1 , , Articlel, TheStateofMinnesotaConstitution, and contrary to the Fourteenth Amendment of the Constitution of the United States , 5. Said City in actual practice, acting administra- tively and not legislatively has under the authority granted toitunderzoningordinance over a neriod of years , granted variance to the City of Plymouth witn circumstances substantially the sa�ne as those whos plantiff ' s applicatio❑ was d2nied. "