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Memo to Board of Adjustments/V 98-6 <br /> July 28, 1998 <br /> Page 2 <br /> when he combined the lots, he says he wasn't informed of the potential <br /> 111/ ramifications of the joining the lots, as he has now discovered. <br /> Zoning Ordinance <br /> At the time the applicant purchased his lot, in 1982, the property was in the <br /> Rla district and the minimum lot size was already 2.5 acres. Countryside <br /> Acres consists of lots of roughly 1 acre. <br /> Currently, The Elk River Zoning Ordinance requires a minimum lot size of <br /> 2.5 acres in the Rla zone. If the variance was granted, lot 4-5 would be <br /> approximately 2.5 acres and lot 6 approximately 1.6 acres. Lot six would not <br /> meet the minimum lot size. <br /> Variance <br /> Staff refers the Board of Adjustments to Section 900.40 of the City of Elk <br /> River Code of Ordinances for the five standards to consider when reviewing a <br /> variance. A variance may be granted only if it meets the following five <br /> conditions: <br /> 1. Literal enforcement of the ordinance will cause undue hardship. <br /> 111 2. The hardship is caused by special conditions and circumstances which are <br /> peculiar to the property and the structure involved and which are not <br /> characteristic of, or applicable to, other lands or structure in the same <br /> area. <br /> 3. The literal application of the provisions of this ordinance would deprive <br /> the petitioner of rights enjoyed by other properties in the same district <br /> under the terms of this ordinance. <br /> 4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction. <br /> 5. The variance will not be injurious to or adversely affect the health, safety <br /> or welfare of the residents of the City or the neighborhood where the <br /> property is located and will in keeping with spirit and intent of the <br /> ordinance. <br /> The applicant feels the literal enforcement of the ordinance will cause him <br /> undo hardship because selling such a large lot with so many smaller lots <br /> around will make the sale difficult. Lot 9, block 1, of Countryside Acres is <br /> • approximately 6 acres and the only other lot in the subdivision that meets <br /> \\elkriver\sys\shrdoc\planning\stevewen\v98-6.doc <br />