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MINU'r�S OF 'PHE REGUGAR ORONU COUNCIL MEE'rING HELD OCTOBER 29 , 1984 . PAGE � <br /> #820 LONI� FISK <br /> Councilmember Adams asked when Benschoof o�served the <br /> Fisk lot and the neighborhood . <br /> Jim 8enschoof statedlateSaturday morningaround noon. <br /> Benschoof stated that he observed a low volume of <br /> traffic on Oak Street. Benschoof stated that he also <br /> checked the Hennepin County flow map wnicij:.revealed 49P1 <br /> vehicles per day. Benschoof stated that ne conducted a <br /> capacity analysis based on th2 exoected oea'r, trafFic <br /> that would be likely to pass through t�e in�ersection. <br /> Ror, Battl, neignbor ' s attorney, wanted i�o noze w'nat is <br /> on trial here. Batty stat�d t;1ai� �hP City ' S <br /> �r_dinance is not on trial . Batty stated that the City <br /> adopted the ordinance some nine years ago. Batty <br /> state� wnat is on trial is the applicant ' s r�quest to <br /> deviate or vary from the ordinance ' s stand�rds by not a <br /> s�all amount but an amount only one-quarter the size it <br /> is supposed to be. Batty stated that the neighbors are <br /> here to support the ordinance that tn� City drafted and <br /> adoote,�. <br /> Ron Battl stated that t.,�ere has b��n concern about tne <br /> City oroving t��at there witl be some c�larnitous result <br /> in grantinc� this variance on tne healtn, safety and <br /> welfare, Batty s�ated the �est answer to the health, <br /> s�fety, and welfare pro:�lem is tn�t wnich is expressed <br /> in the City' s own ordinance. Battl SL�L"E?c� t}�at t:z� <br /> City ' s ordic�ance establishes the type oF development <br /> l-.��at tne City wani�s to see in tilis particular <br /> neigh'oorhood. Batty stated that the Council has <br /> already made the d�termination with regard to the <br /> nealtn, safety, and welfare. Batty stated that the <br /> eroblem with the analysis that BenschooL presented was <br /> Lii�t Zhey are looking at a oarticular case under a <br /> microscohe rather than viewing the larger nictur�. <br /> 8atty stated that one more house is not c�oin�� to pr�sent <br /> a terrible trafiic or_oblem. <br /> Ron 8atty stated t11�t the City is noz dealing wit�� a case <br /> where t'ne oroperty owner has owned tne oroperty Urior to <br /> the adaotion of the ordinance or acquir�d it through <br /> inheritence. 3ati.y sL-ated that instead this is a case <br /> where the individual sought out the property and <br /> purchase3 it and then places himself in the position <br /> � where he needs the City ' s assistance to make it a <br /> developable lot. Batty stated that this is <br /> significant because it speaks �o t��e heart of tl�e self <br /> created 'nards'niu issue which courts have consistently <br /> found to be persuasive. Batty stai:ed if an individual <br /> can do t'nis and come to the City and seeks assistance, <br /> this places a great deal of power in the individual <br /> property owrier . <br />