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• City Council Meeting Page 6 September 16, 1996 Councilmember Farber indicated that all of the neighbors were in favor of the • proposed plan. He stated that he feels that the Council should consider taking land in lieu of cash for park dedication. COUNCILMEMBER HOLMGREN MOVED TO POSTPONE A DECISION ON THIS ISSUE UNTIL OCTOBER 7, 1996. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Farber left at 8:45 p.m. 6.1. Matt Smith Request for Administrative Subdivision, Public Hearing Case No. AS 96-3 6.2. Matt Smith Request for Variance, Public Hearing Case No. V 96-10 6.3. Matt Smith Request for Conditional Use Permit, Public Hearing Case No. CU 96-20 x. Planning Assistant Scott Harlicker indicated that Matt Smith is requesting ail. administrative subdivision to subdivide one parcel into two lots. The Planning Assistant stated that the applicant is also requesting a variance to allow a 5,903 square foot lot in the R3 zoning district which has a minimum lot size of 6,000 square feet. The applicant is also requesting a conditional use permit for a zero lot line development. The affected property is located north of Railroad Drive between Freeport and Evans Street alignments, Lot 1, Block 18, Village of Elk River. Scott Harlicker gave the staff report on these three items. He indicated that the Planning Commission recommended approval of the variance and conditional use permit and that the Park and Recreation Commission recommended a cash dedication for the new lot being created. S Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY MATT SMITH TO SUBDIVIDE ONE PARCEL INTO TWO LOTS WITH THE FOLLOWING CONDITIONS: 1. AN ADMINISTRATIVE SUBDIVISION APPROVAL TO SUBDIVIDE THE PROPERTY INTO TWO PARCELS IS RECORDED WITH SHERBURNE COUNTY PRIOR TO THE ISSUANCE OF THE CONDITIONAL USE PERMIT. 2. PAVED DRIVEWAYS AND PARKING BE PROVIDED AND SHOWN ON THE SITE PLAN. 3. INDIVIDUAL SERVICES BE PROVIDED TO EACH DWELLING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER SCHEEL MOVED TO GRANT A VARIANCE TO MATT SMITH TO ALLOW A 5,903 SQUARE FOOT LOT IN THE R3 ZONE WHICH HAS A MINIMUM LOT SIZE OF 6,000 SQUARE FEET BASED ON THE FOLLOWING FINDINGS: 1. THE LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP FOR THE APPLICANT SINCE THERE IS NO OTHER LOCATION FOR THE PROPOSED PROPERTY LINE AND AN ODD JOG IN THE PROPOSED PROPERTY LINE WILL DEPRIVE THE OWNER OF PARCEL 2 A USABLE BACK YARD.