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Board of Adjustments Minutes <br /> July 26,2005 Page 2 <br /> suggested that an easement could be granted,which would allow him to clean out the ditch, <br /> when necessary. <br /> There being no further public comment,Chair Anderson closed the public hearing. <br /> Commissioner Stevens stated that although he could appreciate Mr.Stadden's concerns,the <br /> issue does not appear to affect the applicant's request and that it is a civil matter to be <br /> worked out by the concerned parties. <br /> Commissioner Offerman concurred with Commissioner Stevens,and asked if it was a <br /> private ditch or a County ditch. Mr.Stadden stated that it is privately owned and <br /> maintained. <br /> Commissioner Westgaard asked how much land is involved in the property line dispute.Mr. <br /> Harlicker stated that it is approximately one-third acre. <br /> Commissioner Lemke asked if the drainage easement would become part of the plat,and if <br /> Mr.Stadden could still maintain it. Mr.Maurer stated,yes,that it would be,and the it would <br /> be shown on the plat,as would the other drainage and utility easements and delineated <br /> wetlands. <br /> MOTION BY COMMISSIONER LEMKE AND SECONDED BY <br /> COMMISSIONER STEVENS TO APPROVE THE VARIANCE REQUEST BY A <br /> &R LAND DEVELOPMENT,CASE NO.V 05-02,BASED ON THE <br /> FOLLOWING FINDINGS: <br /> • 1. LITERAL ENFORCEMENT WOULD REDUCE THE NUMBER OF <br /> LOTS ABLE TO BE CREATED TO TWO. THIS MAY CREATE AN <br /> ECONOMIC HARDSHIP FOR THE APPLICANT, BUT THIS CANNOT <br /> BE THE SOLE HARDSHIP FOR GRANTING THE VARIANCE. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS <br /> PARTICULAR TO THE PROPERTY. THE PROPERTY IS BOUND BY <br /> TWO COUNTY ROADS AND THE COUNTY IS REQUIRING <br /> ADDITIONAL RIGHT-OF-WAY IN FEE TITLE AS A CONDITION OF <br /> APPROVAL. IF THE COUNTY WERE TO REQUEST THE <br /> ADDITIONAL RIGHT OF WAY AS AN EASEMENT, THE MINIMUM <br /> LOT AREA OF 10 ACRES WOULD BE MET AS THE APPLICANT <br /> WOULD STILL OWN THE LAND UNDERLYING THE EASEMENT. <br /> 3. OTHER PROPERTIES THAT HAVE 30+ACRES WITHOUT THE <br /> NEED TO PROVIDE ADDITIONAL RIGHT-OF-WAY HAVE THE <br /> ABILITY TO DEVELOP THE LAND INTO THREE PARCELS. <br /> 4. THE SPECIAL CONDITIONS WERE NOT CREATED BY THE <br /> PETITIONER;THEY WERE CREATED BY SHERBURNE COUNTY <br /> REQUIRING ADDITIONAL RIGHT-OF-WAY. <br /> 5. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER <br /> PROPERTIES IN THE VICINITY,AS THE REQUESTED <br /> 4110 REDUCTION IN LOT AREA IS NOT SIGNIFICANT(LESS THAN 2%) <br />