PL MINUTES 11191985 - Laserfiche WebLink

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1 3. By permitting the subdivision without platting, the City would be expediting • 2 the redevelopment of this tornado damaged addition; and ' 3 4 4. No objections to the lot split had been raised, either during the Commission 5 hearing, or to the staff prior to the hearing. 6 7 Motion carried unanimously. 8 9 Randy Mikkelson, 909 East River Road, said his younger brother owned a 16 foot 10 wide by 150 foot deep lot just east of the former Clark gas station at the inter- 11 section of 33rd Avenue N-.E. and Stinson Boulevard and had asked Randy to get 12 ideas from the Commission members as to just what use the brother could make of 13 the substandard lot he had acquired a number of years ago through the payment of 14 delinquent taxes on the property. Mr. Childs said he understood the parcel had 15 previously been used as a utility transformer site. He said he had checked with 16 the City Attorney to see if the owner could put a garage on the parcel , which is 17 now zoned R-2, two family residence district, and Mr. Soth had said there had to 18 be a primary use on the parcel before an accessory building could be constructed, 19 which in this case, would have to be a duplex, which would never fit on a lot 20 that size. 21 22 The Manager said he wasn't sure what rights would accrue to the ownership of the 23 property but he had invited the applicant to come in to discuss with the Commission 24 members his problem with trying to utilize that parcel : Mr. Childs told them a 25 Mr. Fisher, who lives three or four doors north from the old Clark station had 26 purchased that property and had told Mr. Childs last summer he was considering . 27 putting a 4 unit townhouse on the site. Mr. Fisher hadn't been in since, and the 28 Manager said he understood Mr. Fisher had not expressed a desire. to acquire the 29 Mikkelson property for that development. 30 31 When Commissioner Bjorklund said he had considered lodging a complaint about the 32 owner selling cars from that lot, Mr. Childs said he knew it was not Mr. Fisher 33 who was doing that, because it was he who had called the City to see if he could 34 have those cars towed away. However, he said some of the cars which are parked 35 there occasionally might belong to the owner. 36 37 Commissioner Bowerman indicated he could understand why it might be difficult to 38 pressure a new owner to put up townhomes on that corner which would then be the 39 only development on that intersection which would not be commercial . The Com- 40 missioner told Mr. Mikkelson that, in view of the City Attorney' s opinion, the 41 only other suggestion he could make as to the use of that substandard lot, would 42 be to have it attached to one of the properties on either side to expand the 43 use of that property. 44 45 Mr. Childs indicated he had researched and found there was case law for giving - 46 property owners of similar lots, surrounded by fully developed land, rights to 47 develop substandard lots, but since this was not a platted lot, having been only 48 land left over from a utility use, he was not sure-what rul.ing•.;aicourt might make 49 in this case. 50• 51 Commissioner Bowerman indicated he perceived there had never. been an intent by the 52 City that the land should be used for primary residential purposes and the Com- 53 om- 53 missioner told Mr. Mikkelson he was sorry the Commission was unable to give his 54 brother direction of how he could use his property. Commissioner Bjorklund 55 indicated he would vote against any development of that lot other than to permit