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5.3
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1995
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11-28-1995
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5.3
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• Recommendation <br /> It is recommended the Planning Commission recommend approval of the .15 <br /> acre variance request to the minimum lot size of one acre in the commercial <br /> C3 zoning district for the Elk River Auto Mall LLC based on the following <br /> findings: <br /> 1. That the special conditions and circumstances which exist are peculiar <br /> to the auto mall development and that it is a unified development <br /> with common parking and driveways that for all practical purposes <br /> will function as one development. <br /> 2. The literal application of the minimum lot size requirements found in <br /> the zoning ordinance would deprive the petitioner of rights enjoyed by <br /> other similar commercial developments as well as multi-tenant office <br /> developments with similar circumstances. <br /> 3. The variance would not have any adverse affect on the health, safety, <br /> or the welfare of the residents or neighboring properties within the <br /> area and will be in keeping with the spirit and intent of the lot size <br /> standards found within the zoning ordinance. <br /> 4. Literal enforcement of the zoning ordinance would prevent the division <br /> of the subject property to create a separate parcel merely for <br /> transferring of ownership. <br /> 5. Granting the variance would not allow any further development of the <br /> existing auto mall and would therefore not grant any special <br /> privileges upon the applicant to deviate from the city zoning ordinance <br /> in any other way. <br /> s:\planning\pc\v95-12 <br /> • <br />
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