Laserfiche WebLink
Memo to Board of Adjustments/V 98-6 <br />July 28, 1998 <br />Page 2 <br /> <br />when he combined the lots, he says he wasn't informed of the potential <br />ramifications of the joining the lots, as he has now discovered. <br /> <br />Zoning Ordinance <br /> <br />At the time the applicant purchased his lot, in 1982, the property was in the <br />Rla district and the minimum lot size was already 2.5 acres. Countryside <br />Acres consists of lots of roughly I acre. <br /> <br />Currently, The Elk River Zoning Ordinance requires a minimum lot size of <br />2.5 acres in the Rla zone. If the variance was granted, lot 4-5 would be <br />approximately 2.5 acres and lot 6 approximately 1.6 acres. Lot six would not <br />meet the minimum lot size. <br /> <br />Variance <br /> <br />Staff refers the Board of Adjustments to Section 900.40 of the City of Elk <br />River Code of Ordinances for the five standards to consider when reviewing a <br />variance. A variance may be granted only if it meets the following five <br />conditions: <br /> <br />1. Literal enforcement of the ordinance will cause undue hardship. <br /> <br />The hardship is caused by special conditions and circumstances which are <br />peculiar to the property and the structure involved and which are not <br />characteristic of, or applicable to, other lands or structure in the same <br />area. <br /> <br />The literal application of the provisions of this ordinance would deprive <br />the petitioner of rights enjoyed by other properties in the same district <br />under the terms of this ordinance. <br /> <br />4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction. <br /> <br />The variance will not be injurious to or adversely affect the health, safety <br />or welfare of the residents of the City or the neighborhood where the <br />property is located and will in keeping with spirit and intent of the <br />ordinance. <br /> <br />The applicant feels the literal enforcement of the ordinance will cause him <br />undo hardship because selling such a large lot with so many smaller lots <br />around will make the sale difficult. Lot 9, block 1, of Countryside Acres is <br />approximately 6 acres and the only other lot in the subdivision that meets <br /> <br />\\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v98-6.doc <br /> <br /> <br />