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