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• MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, DECEMBER 12, 2006 Members Present: Chair Lermke,Offerman,Ropp,Scott,Stevens and Westgaard Members Absent: Commissioner Anderson Staff Present: Scott Clark,Community Development Director; Sheila Cartney,Senior Planner;Chris Leeseberg,Planner;Debbie Huebner,Recording Secretary 1. Call Meeting To Order Pursuant to due call and notice thereof,the meeting of the Elk River Board of Adjustments was called to order at 6:30 p.m.by Chair Lemke. 2. Consider Request by Elk River Investments, LLC for a 201 Foot Frontage Variance, Public Hearing-Case No.V 06-06 Planning Manager Jeremy Barnhart explained that the applicant is requesting a variance to allow the subdivision of land with a lot frontage dimension less than 300 feet,as required by ordinance. The applicant intends to consolidating four existing parcels into three new parcels,retaining the intent of larger lots. He stated that one the proposed three lots,Outlot • C,does not meet the frontage requirements.Mr.Barnhart reviewd the five criteria for granting a variance, stating that staff feels the standards for a variance have been met and recommends approval of the request with the two conditions noted in the staff report. Mr. Barnhart noted that approval of the variance will allow the applicant to sell the property to adjacent land owners. Commissioner Stevens asked if the land use will be changing. Mr.Barnhart stated no. Chair Lemke opened the public hearing. There being no public comment,Chair Lemke closed the public hearing. MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER SCOTT TO APPROVE THE REQUEST BY ELK RIVER INVESTMENTS FOR A 201-FOOT FRONTAGE VARIANCE,CASE NO.V 06-06, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT WOULD LIKELY CAUSE UNDUE HARDSHIP,AS THE REGULATIONS IN PLACE MAY BE INCONSISTENT WITH THE COMPREHENSIVE PLAN FOR THE PROPERTY. 2. THE HARDSHIP IS CREATED BY THE ORDINANCE NOT PRESCRIBING REQUIREMENTS THAT APPEAR TO BE INCONSISTENT WITH THE COMPREHENSIVE PLAN. THIS IS • UNIQUE.