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Memo to Board of Adjustments/V 98-6 <br />July 28, 1998 <br />Page 3 <br /> <br />the 2.5 acre minimum lot size. The applicant does have the option to sell his <br />lot (4,5 and 6) as it and meet the minimum lot size requirements. <br /> <br />The special conditions or circumstances which are peculiar and not <br />characteristic of, or applicable to, other lands or structure in the same area is <br />that the Olsons' three lots combine to form second largest lot in the <br />subdivision. <br /> <br />Since the majority of the lots in this subdivision are approximately 1 acre in <br />size, it could be said the literal application of the ordinance would deprive the <br />Olsons of rights enjoyed by other properties in the same subdivision. <br /> <br />The special conditions and circumstances are a consequence of the <br />petitioner's own actions, even though he did not know the ramifications of <br />joining the lots and was not informed of this situation. The applicants action <br />to combine the lots was a necessity in order to build on lot 4 and 5. <br /> <br />Most of the subdivision of Countryside Acres is non-conforming with the <br />current City Ordinance, however at the time the subdivision was plated it <br />was conforming. It is questionable whether or granting the variance would be <br />in keeping with the overall spirit and intent of the City Ordinance. <br /> <br />Recommendation <br /> <br />Staff recommends that the Board of Adjustments deny this request for a <br />variance from the minimal lot size requirements in the Rla zoning district <br />based on the following findings: <br /> <br />LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE THE <br />APPLICANT UNDO HARDSHIP BECAUSE THE LOTS 4,5 AND 6 CAN BE SOLD <br />AS ONE LOT. <br /> <br />2. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE A CONSEQUENCE <br /> OF THE PETITIONER'S OWN ACTIONS. <br /> <br />\\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v98-6.doc <br /> <br /> <br />