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MINUTES <br />CITY COUNCIL <br />MAY 25, 1994 <br />The Planner replied that there was not. <br />Pedersen stated that he would be opposed to the <br />vacation of the Lake Street right-of-way because at <br />some point this area will develop. <br />Scalze and Morelan agreed. <br />Tom Keenan pointed out that without a variance, the <br />City might be forced to put in the road improvement and <br />assess abutting properties. Keenan asked if the <br />Council wanted to force such an improvement, pointinq <br />out that this was the only alternative to the variance. <br />Keenan also stated that it was his understanding that <br />the variance procedure was a way to grant an exception <br />to the rule when the situation warranted. Keenan felt <br />that a variance was the least painful way to address <br />the situation. <br />Scalze suggested that the hardship in this instance <br />would be that Mr. Keenan would be deprived of the <br />ability to develop his property if the rest of the <br />property owners abutting unimproved Lake Street were <br />not willing to participate in a street improvement. <br />The City Planner noted that 350 of the abutting <br />property owners would have to petition for a road <br />improvement. If such a petition were received, a <br />public hearing would be held and the Council would vote <br />on whether or not to improve the street. <br />The Planner indicated that he has not seen any special <br />conditions for this situation that warrant a variance. <br />The Planner noted that Lake Street has not been <br />improved because such a project would be expensive. <br />Scalze pointed out that Keenan does not have the <br />ability to petition for the road improvement since he <br />does not own 35% of the abutting property. Therefore, <br />he is denied the right to even petition for a road <br />improvement. <br />Hanson pointed out that Mr. and Mrs. Mason, who own <br />property abutting unimproved Lake Street, do not oppose <br />Mr. Keenan's developing a house on his property. <br />However, they are opposed to participating in the cost <br />of improving Lake Street. Hanson pointed out that many <br />5 <br />