Laserfiche WebLink
Memo to the Board of Adjustments/V 99-8 <br /> July 27, 1999 <br /> Page 2 <br /> definition of Lot Area, road easements and dedicated road right-of-way <br /> cannot be counted towards lot area. <br /> Proposed lot A contains the applicant's farmstead, agricultural land, and <br /> some lowland towards the south of the lot. Proposed lot B is mostly <br /> agricultural land with a tree line on the north quarter near the property line. <br /> Both parcels appear to have adequate soils and area for houses and septic <br /> systems. <br /> In 1994, the applicant was granted an Administrative Subdivision of 39.07 <br /> acres of land to create a 10.4 acre lot ( .4 acres of road easement) and a 28.67 <br /> acre lot. In 1995, the applicant was granted an Administrative Subdivision <br /> to split the 28.67 acre lot into a 10.4 acre lot ( .4 acres of road easement) and <br /> an 18.27 acre lot. The previously subdivided lots have been developed as <br /> residential properties. The applicant now wants to subdivide the 18.27 acre <br /> lot into lot A of 10.27 acres (roughly .83 acres of road easement), and a lot B <br /> of 8 acres (roughly 1.28 acres of road easement). Neither of the proposed lots <br /> conform to the minimum lot area requirements in the Al zoning district. <br /> Granting of 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 /> 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 /> f:\shrdoc\planning\stevewen\pcmmo\v99-8.doc <br />