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<br />Elk River City Council Minutes <br />May 16, 1994 <br /> <br />Page 13 <br /> <br />e <br /> <br />that the developer pay $1800 in Park Dedication Fees. He further indicated that <br />staff recommends approval of the variance and the administrative subdivision. <br /> <br />Mayor Duitsman opened the public hearing. There being no comments, Mayor <br />Duitsman closed the public hearing. <br /> <br />COUNCILMEMBER SCHEEL MOVED TO APPROVE THE VARIANCE TO THE MINIMUM <br />LOT AREA REQUIREMENT OF 10 ACRES IN THE A-1 ZONING DISTRICT REQUESTED BY <br />JEFF MASTLEY FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 213TH <br />AVENUE AND JARVIS STREET BASED ON THE FOLLOWING FINDINGS: <br /> <br />1. THE INTENT OF THE MINIMUM LOT STANDARDS SET FORTH IN THE A 1 ZONING <br />DISTRICT IS TO ALLOW LARGE LOT (10 ACRE) SUBDIVISIONS WITH A DENSITY <br />OF ONE UNIT PER FORTY (40) ACRES. LITERAL ENFORCEMENT OF THE LOT <br />AREA REQUIREMENT IN THIS PARTICULAR CASE WOULD GO BEYOND THE <br />INTENT OF THE ORDINANCE. <br /> <br />2. THE VARIANCE OF ONE-QUARTER OF AN ACRE ON A TEN (10) ACRE PARCEL <br />CAN VIRTUALLY GO UNNOTICED AND ALLEVIATE THE HARDSHIP OF <br />EXCLUDING RIGHT OF WAY, WHICH IS PARTICULAR TO LARGE, UNPLATTED <br />TRACTS OF LAND. <br /> <br />3. LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE APPLICANT <br />FULL USE OF THE PROPERTY WHILE KEEPING WITHIN THE INTENT OF THE <br />ORDINANCE. <br /> <br />e <br /> <br />4. <br /> <br />THE PROPERTY OWNER ORIGINALLY PURCHASED THE FORTY (40) ACRE <br />PARCEL WHICH HAPPENED TO INCLUDE THE RIGHT OF WAY, MAKING IT A <br />NOMINAL THIRTY-NINE (39) PLUS OR MINUS ACRE PARCEL FOR SUBDIVISION <br />CONSIDERATIONS. <br /> <br />5. THE VARIANCE WILL HAVE NO IMPACT OR ADVERSELY AFFECT THE HEALTH, <br />SAFETY, OR WELFARE OF THE COMMUNITY AND WILL BE IN KEEPING WITH THE <br />SPIRIT OF THE ORDINANCE. <br /> <br />COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br /> <br />COUNCILMEMBER SCHEEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION <br />REQUESTED BY JEFF MASTLEY TO SUBDIVIDE FORTY ACRES INTO FOUR SINGLE FAMILY <br />LOTS AT THE LOCATION OF APPROXIMATELY 1/4 MILE WEST OF JARVIS STREET AND <br />SOUTH OF 213TH AVENUE NW WITH THE FOLLOWING CONDITIONS: <br /> <br />1. THE WETLAND AND PONDING AREAS ON THE SOUTH HALF OF THE PLAT BE <br />DELINEATED AND INCORPORATED ON THE FINAL PLAT AS DRAINAGE AND <br />UTILITY EASEMENTS. <br /> <br />2. THIRTY-THREE (33) FEET OF RIGHT OF WAY ALONG 213TH AVENUE BE <br />DEDICATED AS PART OF THE PLAT. <br /> <br />3. PARK DEDICATION IN THE AMOUNT OF $1,800.00 BE PAID PRIOR TO <br />RELEASING THE PLAT FOR RECORDING. <br /> <br />e <br />