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Memo to Planning Commission/P96-6&V 96-7 Page 3 <br /> June 25, 1996 <br /> • <br /> The City is considering a similar variance request where the applicant is <br /> requesting a variance to lot size because of required right-of way dedication. <br /> That situation is different from this one in that they are starting with a smaller <br /> (5 acre lot) and do not have the ability to adjust the lot line to provide for a <br /> conforming 2 1/2 acre lot; secondly, the dedication of the right-of-way is part of a <br /> pending administrative subdivision. The Mickelsons, on the other hand, are <br /> starting with a 35 acre lot and do have the ability to adjust the lot line to create <br /> a conforming 2 1/2 acre lot, and the right-of-way dedication was a condition of <br /> approval for previous administrative subdivision, it is an existing situation. <br /> Staff refers the Planning Commission to Section 900.40 of the Elk River Code of <br /> Ordinances for the standards to consider when reviewing a variance. <br /> It is not clear what undue hardship the applicant will face by complying with the <br /> 2 1/2 acre minimum lot size requirement. There is enough acreage so that the lot <br /> lines could be adjusted to comply with the 2 1/2 acre minimum lot size. There <br /> does not appear to be any special conditions that are unique to this site that are <br /> not applicable to other properties in the area The variance should not be <br /> detrimental to the health, safety and welfare of the neighborhood. <br /> 110 Recommendation <br /> It is staffs opinion that this request does not meet the five standards required to <br /> grant a variance based on the following findings: <br /> 1. The literal enforcement of the Ordinance will not cause undue hardship <br /> for the applicant since there is enough acres to adjust the lot line to <br /> comply with the 2 1/2 acre minimum lot size. <br /> 2. There are no special conditions such as topography, vegetation or existing <br /> structures which are peculiar to this property. <br /> 3. Literal application of the Ordinance will not deprive the applicant of <br /> property rights enjoyed by other properties in the neighborhood. <br /> 4. There are no special circumstances or conditions that are not a <br /> consequence of the applicant's action. <br /> 5. The granting of this variance will not be injurious to or adversely affect <br /> the health, safety or welfare of the residents. <br /> • Preliminary Plat <br /> s:\planning\scott\p96-6.doc <br />