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<br />Elk River city Council Meeting <br />December 20, 1993 <br /> <br />Page 7 <br /> <br />e <br /> <br />8.1. Consider Variance to Minimum Lot Area <br />Permit for Zero Lot Line Development, and <br />for William Smith/Public Hearing <br /> <br />Requirement, Conditional Use <br />Administrative Subdivision <br /> <br />Zoning Assistant Gary Schmitz presented the staff report. He stated <br />that William Smith is requesting an administrative subdivision to <br />divide a lot containing an existing duplex into two lots with a zero <br />lot line. Mr. Smith built the duplex in 1985 according to current lot <br />standards, and, in 1990, the City changed the dimensional regulations <br />for the R-2a zoning district. At present, each of the two lots meet <br />the current width requirement, but fall short on the area requirement <br />of 6,0000 square feet. Tract Al measures 5,143 square feet and Tract <br />A2 measures 4,420 square feet. Each of these lots exceeded the minimum <br />lot requirement in 1985. <br /> <br />Mayor Duitsman opened the public hearing. There being no one for or <br />against the matter, Mayor Duitsman closed the public hearing. <br /> <br />COUNCILMEMBER DIETZ MOVED <br />REQUIREMENT, CONDITIONAL USE <br />ADMINISTRATIVE SUBDIVISION <br />FINDINGS: <br /> <br />TO APPROVE THE VARIANCE TO MINIMUM LOT AREA <br />PERMIT FOR ZERO LOT LINE DEVELOPMENT, AND <br />FOR WILLIAM SMITH BASED ON THE FOLLOWING <br /> <br />1. <br /> <br />LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNNECESSARY <br />HARDSHIP BY NOT ALLOWING INDIVIDUAL OWNERSHIP OF EACH UNIT, WHICH <br />WAS INTENDED WHEN THE DUPLEX WAS FIRST CONSTRUCTED. <br /> <br />e <br /> <br />2. THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONERS ACTION, BUT <br />DUE TO A CHANGE IN THE CITY CODE. <br /> <br />3. <br /> <br />THE VARIANCE WILL <br />HEALTH, SAFETY, OR <br />NEIGHBORHOOD AND <br />ORDINANCE; <br /> <br />NOT BE INJURIOUS TO, OR ADVERSELY AFFECT THE <br />WELFARE OF, THE RESIDENTS OF THE CITY OR THE <br />IS IN KEEPING WITH THE SPIRIT AND INTENT OF THE <br /> <br />AND SUBJECT TO THE FOLLOWING CONDITIONS: <br /> <br />1. SITE VERIFICATION BY THE CITY BUILDING INSPECTOR ENSURING BUILDING <br />CODES FOR A ZERO LOT LINE STRUCTURE ARE MET. <br /> <br />2. PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $400.00 BE PAID TO THE <br />CITY. <br /> <br />COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br /> <br />8.2. Consider Conditional Use to Amend the Barrington Square PUD Agreement <br />to Allow Institutional Uses as a Permitted Use by R.E.P., Ltd./Public <br />Hearing <br /> <br />e <br /> <br />Gary Schmitz presented the staff report. The applicant, R.E.P., Ltd., <br />represented by Gary Santwire, has requested a conditional use permit to <br />amend the PUD Developer's Agreement for Barrington Square to allow <br />institutional uses and site plan review for the Area Learning Center <br />school at 251 8th Street, Elk River, Minnesota (former City Hall <br />