6 PCSR 11-23-1993 - Laserfiche WebLink

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William Smith, Variance & CUP Page 2 November 23, 1993 111 recently passed allowing zero lot line developments as a conditional use permit. Zero lot line developments will allow each unit to be sold separately. VARIANCE REQUIREMENTS Staff refers the Planning Commission to Section 900 . 40 of the Elk River Code of Ordinance for the five standards to consider when reviewing a variance. Staff also refers the Planning Commission to the applicant ' s letter addressing the five standards for a variance. It is staff opinion that the applicant can show hardship and meet the five standards . Mr. Smith built the structure with future subdivision in mind (one-hour fire walls, separate utility services, etc. ) at a time when his proposed lot sizes would have met City Code. The need for a variance is not the action of the applicant but through changes to the City zoning ordinance. Lastly, staff feels that approving the variance will not detrimentally affect the health, safety, or welfare of the residents of the City. Allowing the variance, the conditional use permit, and the administrative subdivision will allow for home ownership of each individual unit, which is preferable to the City versus uncertain rental property. RECOMMENDATION • Staff recommends approval of the following: A. Lot area variance request based on the following findings : 1 . Literal enforcement of the ordinance would cause unnecessary hardship by not allowing individual ownership of each unit, which was intended when the duplex was constructed. 2 . The variance is not a consequence of the petitioners action but due to a change in City Code. 3 . The variance will not be injurious to or adversely affect the health, safety, or welfare of the residents of the City or the neighborhood wherein the property is situated and will be keeping with the spirit and intent of the ordinance. B. A conditional use permit request for a zero lot line development based on the seven criteria for granting a conditional use permit with the following condition: • 1 . Site verification by the City Building Inspector insuring that building codes for a zero lot line structure are met.