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City Council Minutes <br />September 21, 2020 <br />Page 3 <br />{ _ approving the attachment of the smaller lot to an unplatted lot. She noted if the lot <br />remains vacant both property owners are benefiting but it still wouldn't be the <br />correct process. Mr. Leeseberg explained a portion of the lot would be absorbed into <br />Mr. Toth's lot but cannot be absorbed into Mr. Stritesky's lot because his lot is <br />unplatted. He noted staff could entertain making the vacant lot smaller so it wouldn't <br />be buildable without a variance. <br />Attorney Beck believes making the lot smaller and unbuildable would have marginal <br />impact in the future as he believes a judge would look at it and rule a variance isn't <br />necessary because the city allowed creation of the lot. <br />Councilmember Ovall indicated he is in favor of going through the proper process <br />and platting the corner lot. He noted the two property owners could work out a cost <br />structure to get it done. Councilmember Wagner concurred. <br />Moved by Councilmember Wagner and seconded by Councilmember Ovall to <br />deny the lot size variance request by Eric Toth, 12824 Orono Road, with the <br />following conditions: <br />1. The general purpose and intent of the ordinance are not met. <br />2. The proposed use is not reasonable and is not permitted in the zoning <br />ordinance. <br />3. The plight of the petitioner is due to circumstances not unique to the <br />property and are a consequence of the petitioner's own action or inaction. <br />4. The variance could alter the essential character of the locality <br />Motion failed 2-3. Mayor Dietz, Councilmembers Christianson, and <br />Councilmember Westgaard opposed. <br />Moved by Councilmember Westgaard and seconded by Councimember <br />Christianson to direct staff to draft a resolution of approval with the condition <br />the applicant agrees to record the deed restrictions and covenants against the <br />property making the lot unbuildable. Motion carried 3-2. Councilmembers <br />Wagner and Ovall opposed. <br />Mayor Dietz questioned if the city could require a condition that the property must <br />be platted when sold. Attorney Beck indicated he did not think so, but he will <br />research and report back. <br />7.2 Conditional Use Permit: Operate Tap Room/Continue Brewery <br />Operations, Aegir Brewing, 19050 Industrial Blvd <br />Mr. Leeseberg presented the staff report. <br />Mayor Dietz opened the public hearing. There being no one to speak to this issue, <br />Mayor Dietz continued the public hearing to October 5, 2020. <br />P 0 W E R 1 0 RY <br />F4AIU�?E <br />