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