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FINDINGS OF FACT <br /> <br /> <br />1.The parcel at 19375 Oxford St NW was platted in 1974 without the availability of <br />city sewer and water. <br /> <br /> <br />2.City water and sanitary services were constructed beneath Highland Road, adjacent <br />to the property, in 2006. The availability of city services made it possible for the <br />parcel at 19375 Oxford St NW to be divided provided the new lot connects to city <br />services and meets all design standards for the zoning district. <br /> <br /> <br />3.On September 29, 2014, Reg Powell, representing the property owners Marc and <br />Patricia Macomber, submitted a Lot Split application for the parcel at 19375 Oxford <br />St NW, proposing to split the lot into two buildable lots. <br /> <br /> <br />4.On October 15, 2014, city staff informed Mr. Powell that neither lot met the <br />minimum lot depth standard of 130 feet in the R-1c zoning district. City ordinance <br />defines lot depth as “the minimum horizontal distance between the front lot line and <br />the rear lot line.” The proposed split created two lots with the minimum distance <br />between the front and rear lot lines of approximately 111 feet. <br /> <br /> <br />5.On October 17, 2014, the applicant withdrew the Lot Split application. <br /> <br /> <br />6.On October 27, 2014, Mr. Powell submitted a Variance application to permit two <br />lots approximately 20 feet below the minimum lot depth of 130 feet in the R-1c <br />zoning district, and re-submitted the Lot Split application. <br /> <br /> <br />7.On November 25, 2014, the Board of Adjustments reviewed the Variance <br />application. The Board received testimony from staff and neighboring residents <br />regarding impacts to the neighborhood that may or may not occur if the variance <br />was granted. <br /> <br /> <br />8.Elk River City Code states that in order for a Variance to be granted, the request <br />must meet the five criteria as outlined in Sec. 30-635. – Variances; <br /> <br />a.A variance may be granted by the board only if it finds that: <br /> <br />(1)The variance is in harmony with the general purpose and intent of the <br />ordinance. <br /> <br />(2)The variance is consistent with the City of Elk River comprehensive <br />plan. <br /> <br />b.Variances may be granted when the petitioner establishes that there are <br />practical difficulties in complying with the zoning ordinance. Practical <br />difficulties means that: <br /> <br />(1)The petitioner proposes to use the property in a reasonable manner <br />not permitted by the zoning ordinance; <br />N:\Public Bodies\Agenda Packets\01-20-2015\FINAL\LASERFICHE\x4.5 at1 Resolution FoF.doc <br />