12-18-1995 CC MIN - Laserfiche WebLink

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Elk River City Council Meeting December 18, 1995 Page 10 e Steve Ach indicated that Elk River AutoMall is requesting a variance to the one acre minimum lot size requirement in the C3, Highway Commercial zoning district. Steve Ach further indicated that Elk River AutoMall is also requesting an administrative subdivision to divide a 3.7 acre parcel into two separate lots. The two lots will respectively be 2.91 acres and .85 acres in size. He indicated that the primary reason that the .85 acre lot does not meet the minimum acreage requirement is due to the need to provide the required number of parking stalls on each parcel. Steve Ach indicated that the Planning Commission reviewed the request for a variance in November and recommended approval. Mayor Duitsman opened the public hearing for the variance and administrative subdivision. There being no one for or against these matters. Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE .15 ACRE VARIANCE REQUEST TO THE MINIMUM LOT SIZE OF ONE ACRE IN THE C3, HIGHWAY COMMERCIAL ZONING DISTRICT FOR THE ELK RIVER AUTOMALL BASED ON THE FOLLOWING FINDINGS: 1. THAT THE SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH EXIST ARE PECULIAR TO THE AUTO MALL DEVELOPMENT AND THAT IT IS A UNIFIED DEVELOPMENT WITH COMMON PARKING AND DRIVEWAYS THAT FOR ALL PRACTICAL PURPOSES WILL FUNCTION AS ONE DEVELOPMENT. 2. THE LITERAL APPLICATION OF THE MINIMUM LOT SIZE REQUIREMENTS FOUND IN THE ZONING ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER SIMILAR COMMERCIAL DEVELOPMENTS AS WELL AS MULTI-TENANT OFFICE DEVELOPMENTS WITH SIMILAR CIRCUMSTANCES. e 3. THE VARIANCE WOULD NOT HAVE ANY ADVERSE AFFECT ON THE HEALTH, SAFETY, OR THE WELFARE OF THE RESIDENTS OR NEIGHBORING PROPERTIES WITHIN THE AREA AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE LOT SIZE STANDARDS FOUND WITHIN THE ZONING ORDINANCE. 4. LITERAL ENFORCEMENT OF THE ZONING ORDINANCE WOULD PREVENT THE DIVISION OF THE SUBJECT PROPERTY TO CREATE A SEPARATE PARCEL MERELY FOR TRANSFERRING OF OWNERSHIP. 5. GRANTING THE VARIANCE WOULD NOT ALLOW ANY FURTHER DEVELOPMENT OF THE EXISTING AUTO MALL AND WOULD THEREFORE NOT GRANT ANY SPECIAL PRIVILEGES UPON THE APPLICANT TO DEVIATE FROM THE CITY ZONING ORDINANCE IN ANY OTHER WAY. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION FOR ELK RIVER AUTOMALL TO DIVIDE A 3.76 ACRE SITE INTO A 2.91 AND .85 ACRE SITE WITH THE FOLLOWING CONDITION: 1. PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION, A LETTER OF APPROVAL BE RECEIVED FROM THE BANK OF ELK RIVER STATING THEIR CONCERNS HAVE BEEN SATISFIED. e