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to the existing north/south 100'wide easement and to Highway 169, as desired by the Minnesota <br /> Department of Transportation (MnDOT). <br /> The use of outlots in the proposed plat highlights the need for future planning of the area, as outlots may <br /> not be developed until they are platted. A property owner may mine an outlot. <br /> Variance Criteria <br /> When reveiwing the written and submitted information and any public comment, the Board of <br /> Adjustments may only grant a variance if it finds that: <br /> 1. The variance is in harmony with the general purpose and intent of the ordinance. <br /> The intent of the lot size is to protect against the parceling out of larger lots into much smaller <br /> parcels,which may impede development. The number of lots will not change in the area. <br /> 2. The variance is consistent with the of Elk River comprehensive plan. <br /> The comprehensive plan recognizes the evolving land uses in the area, and the need for further <br /> planning. The variance does not impede this vision. <br /> Variances may be granted when the petitioner establishes that there are practical difficulties in complying <br /> with the zoning ordinance. Practical difficulties means that: <br /> 1. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; <br /> The CRT zoning district was developed to maximize the effect a long term plan has on the <br /> development of this area. Though the plan has not been completed,the variances do not negate <br /> the effect of this plan. The smallest lot proposed, Outlot C,is likely to be a temporary <br /> intersection with Highway 169, and could be easily absorbed if a better location is identified <br /> through planning. <br /> 2. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own <br /> action or inaction;and <br /> The proposed solution has been heavily negotiated between the property owners and MnDOT, <br /> and its intended to address preexisting conditions and requirements of MnDOT and the City. <br /> 3. The variance, if granted, will not alter the essential character of the locality. <br /> The proposed variance does not change the character of the locality. <br /> Financial Impact <br /> None <br /> Attachments <br /> • Location Map <br /> • Applicants Narrative <br /> N:\Departments\Community Development\Planning\Case Files\V\V 13-10 BWB Holdings-ERX Properties\V 13-10 sr Agg Comm 1-14-14.docx <br />