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06-04-96 CCM
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06-04-96 CCM
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LAKE ELMO CITY COUNCIL MINUTES JUNE 4, 1996 7 <br />James Normann and Pam L. Beytien referred to their letter dated May 31, 1996 and questioned the <br />hardship for granting these variances. <br />Mayor John closed the public hearing at 10:18 p.m. <br />Larry Bohrer pointed out Argyle street, north of Bennett is vacated, but south of Bennett to 50th Street is <br />not vacated. The two septic systems that are on this property are designed for two -bedroom homes, and <br />Mr. Severin is proposing a 3-bedroom home. <br />Administrator Kueffner explained there are two rules that apply In this situation: the 60% rule -which if the <br />lot to the north would meet 60% of 1 1/2 acres for the required R-1 zoning, is .9 of an acre, would not <br />need a variance according to the code. Mr. Severin will have one of the largest lots in Lanes <br />DeMontreville. Also, If your lot meets the average size in the area, which is .6 of an acre, the Council has <br />granted variances in the past. <br />Attorney Filla suggested to not look at the north and south segments and state the lots can be combined <br />to create a 1.35 acre lot because that is not the case. If you want to restrict the substandard lot on the <br />north side, the City may want to restrict it to the home proposed and no out buildings. If you want to <br />construct an accessory building, it would have to be south of Bennett road and restrict any further <br />development of the property on the south side. <br />Questions need to be resolved: <br />(1) Entitlement to request variance --adjacent lots, but separated by unimproved street <br />(2) Vacate Bennett - revert back to adjacent property owner, would this landlock Mrs. Meier <br />M/S/P John/Hunt - to table Mike Severin's variance request to the June 18, 1996 council meeting <br />because there was not enough information to make a determination. (Motion passed 5-0). <br />D. PUBLIC HEARING: Case No. V/96-18 Variance to lot size and lot Width <br />The Public Hearing notice was published in the May 23,1996 Stillwater Gazette and property owners <br />within 350' were notified. <br />Planner Terwedo reported David Pettis/McDonald Construction Co. Inc. is requesting a variance from <br />Section 301.070 D.3.c(1) (1.5 acre lot size required, approx..61 acre available minus street easements) <br />and variance from Section 301.090 I. lot width requirement on a public street (125 feet required, 50 feet <br />available). An additional variance is needed to Section 301.090 B. Contiguous Parcels:if in a group of two <br />or more contiguous lots of land owned by the same person, which is Ed Gorman, any individual lot does <br />not meet the full width or area requirements of this Ordinance, such individual lot cannot be considered <br />as a separate parcel of land for purposes of sale or development, but must be combined with adjacent <br />lots under the same ownership so that the combination of lots will equal one or more parcels of land each <br />meeting the full lot width and are requirements of this Ordinance. <br />Mayor John opened up the public hearing at 10:45 p.m. in the Council chambers. <br />Ed Gorman stated he purchased the lot, along with his restaurant, in 1980 as a residential lot which has <br />always been in R-1 zoning. He has talked to and has the support for this variance request of the property <br />owners within 350'. In 1963 the City installed a water system intended to serve this lot and those <br />assessments were made and paid in 1970. He feels he is being singled out and discriminated against at <br />the last minute because Section 301.090 B. does not apply to him. <br />Mrs. Jill Pettis stated they hired McDonald Construction to purchase the lot from Mr. Gorman in January, <br />1996. They sold their house and moved into a 2-bedroom apartment and are a 5-person family. We <br />were assured that this process would not take a long time, but we have been delayed three months. <br />
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