07-18-1994 CC MIN - Laserfiche WebLink

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Elk River City Council Meeting July 18. 1994 Page 11 e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY ROBERT CROSS CONTINGENT UPON THE FOLLOWING CONDITIONS: 1. PAYMENT OF PARK DEDICATION FEE IN THE AMOUNT OF $450 BE PAID TO THE CITY PRIOR RECORDING THE ADMINISTRATIVE SUBDIVISION. 2. PAYMENT OF THE $50 STORM SEWER IMPACT FEE BE PAID TO THE CITY PRIOR TO RECORDING. 3. THE LOT LINE BE DECIDED BETWEEN STAFF AND THE APPLICANT FOLLOWING A DECISION FROM THE COUNTY ON THE REALIGNMENT OF COUNTY ROAD 12. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. 7.8. Consider an Administrative Subdivision reauest and Variance reauest by Jeff Mastley, PH, Case No. AS 94-11 and V 94-06 Planning Assistant Gary Schmitz indicated that an administrative subdivision has been requested by Jeff Mastley to divide 20 acres into two 10 acre parcels. He further indicated that Mr. Mastley has also requested a 1 .25 acre variance for Parcel B and a .5 acre variance for Parcel A to the minimum lot size of ten acres for the AI, Agricultural Conservation District. The subject property is located at the intersection of Jarvis Street and 213th Avenue. e Acting Mayor Vice Dietz opened the public hearing. There being no one for or against the matter, Acting Vice Mayor Dietz closed the public hearing. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE VARIANCE TO THE MINIMUM LOT SIZE REQUIREMENT IN THE A 1 ZONING DISTRICT REQUESTED BY JEFF MASTLEY BASED ON THE FOLLOWING FINDINGS: 1. THE INTENT OF THE MINIMUM LOT STANDARDS SET FORTH IN THE A 1 ZONING DISTRICT IS TO ALLOW LARGE LOT, 10 ACRE SUBDIVISIONS WITH A DENSITY OF A 4 UNITS PER 40 ACRES. LITERAL ENFORCEMENT OF THE LOT AREA REQUIREMENTS IN THIS PARTICULAR CASE WOULD GO BEYOND THE INTENT OF THE ORDINANCE. 2. LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE APPLICANT FULL US OF THE PROPERTY WHILE KEEPING WITHIN THE INTENT OF THE ORDINANCE. THE PROPERTY OWNER ORIGINALLY PURCHASED THE 20 ACRE PARCEL, WHICH HAPPENED TO INCLUDE THE RIGHT OF WAY, MAKING IT A NOMINAL 18.5 ACRE PARCEL FOR SUBDIVISION CONSIDERATIONS. 3. THE VARIANCE WILL HAVE NO IMPACT OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE COMMUNITY AND WILL BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. e COUNCILMEMBER SCHEEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY JEFF MASTLEY TO DIVIDE A 20 ACRE PARCEL INTO TWO 10 ACRE PARCELS WITH THE FOLLOWING CONDITIONS: