4.1 & 4.2 PCSR 01-14-2014 - Laserfiche WebLink

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water treatment. In lieu of the cul-de-sac, we have agreed to maintain this road. Right-of way will be dedicated to the City as part of the plat,but the City will not accept it as a city street until future development connects this road to another one further south. Variance Our neighbors to the south are Ron and Norma Ebner. The Ebners own the parcel labeled"A" on Figure 1. This parcel is a non-conforming lot of record because it is under sized for the C-3 Highway Commercial Zoning District. Cornerstone Auto plans on purchasing the portion of parcel "A"that is labeled"B"on Figure 1 and add it to our site; resulting in a new parcel label"E". What remains of parcel "A", labeled "C"on Figure 1, will be attached to another non-conforming lot of record owned by Ebners labeled parcel"F". The new Ebner lot is labeled"G" on Figure 1. Parcel"G"is .95 acres,the minimum lot size in the Highway Commercial Zoning District is one acre; therefore in cooperation with the Ebners,we are requesting a variance on the size of this lot. Criteria for granting a variance: 1) The variance is in harmony with the general purpose and intent of the ordinance. Our request eliminates one non-conforming lot and greatly lessens the non-conformity of a second lot. The request is in harmony with the general purpose and intent of the ordinance. 2) The variance is consistent with the City of Elk River comprehensive plan. The variance,if granted,will not alter the use of the property and it will remain consistent with the City's Comprehensive Plan. 3) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. The remaining Ebner lot is undeveloped at this time,but it will basically be sized appropriately for Highway Commercial uses, which is a reasonable use of the property. 4) The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's own action or inaction. The two non-conforming lots involved were of record prior to the C-3 lot sizes being established. 5) The variance, if granted, will not alter the essential character of the locality. The remaining lot being .05 acres shy of the minimum requirement will hardly even be noticeable let alone will it alter the essential character of the locality.