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(2) The plight of the petitioner is due to circumstances unique to the <br />property not a consequence of the petition's own action or inaction; <br />and <br />(3) The variance, if granted, will not alter the essential character of the <br />locality. <br /> <br />9.The Board of Adjustments voted 6-1 to deny the Variance based on the following <br />findings: <br /> <br />a.Granting a variance to allow two lots below the minimum depth standard <br />would be out of character with the neighborhood. <br /> <br />b.A specific need to split the lot was not stated and the city has not done <br />anything to require a variance. <br /> <br /> <br />10.The Elk River City Code provides that a decision by the Board of Adjustments to <br />deny a variance shall not be final and shall be reviewed by the City Council. <br /> <br /> <br />11.On December 15, 2014, the City Council reviewed the Variance and Lot Split <br />requests. <br /> <br /> <br />12.The Council upheld the Board of Adjustments decision and voted 5-0 to deny the <br />variance request based on the criteria outlined in #9. <br /> <br /> <br />13.Additionally, having not received approval of a Variance to allow two lots below the <br />minimum depth standard of 130 feet, the proposed Lot Split, creating two lots <br />approximately 111 feet deep, cannot be approved. The Lot Split was denied based on <br />the finding that neither lot met the minimum depth standard of 130 feet in the R-1c <br />zoning district. <br /> <br /> <br />14.In the course of the City Council’s consideration of the Variance, the City Council <br />received considerable testimony regarding perceived impacts to the neighborhood. <br />Based on the record generated in these proceedings, the City Council makes the <br />following findings of fact related to the Variance and Lot Split applications <br />submitted by Reg Powell: <br /> <br /> <br />a.The City Council finds that the Variance application has failed to meet the <br />criteria for the granting of a Variance as outlined in Sec. 30-635 of the Elk <br />River code of ordinances. <br /> <br /> <br />b.Without a variance permitting the creation of two lots below the minimum <br />lot depth of 130’ in the R-1c zoning district the proposed Lot Split cannot be <br />approved. Approval of the lot split would create two illegal non-conforming <br />lots. <br /> <br /> <br />15.Taking into consideration all of the testimony and evidence received, the City <br />Council finds that the Applicant has not established that it has met the requirements <br />for approval of a Variance, and that it would not be in the public interest to approve <br />the Application. <br /> <br />N:\Public Bodies\Agenda Packets\01-20-2015\FINAL\LASERFICHE\x4.5 at1 Resolution FoF.doc <br />