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Elk River AutoMall Variance Request <br />December 18, 1995 <br />Page 2 <br />Center. The important issue here is that the variance and administrative <br />subdivision will not allow the property owner any special privileges or <br />further development opportunity by having the variance granted. Both <br />applications are being brought forward to facilitate an ownership issue with <br />the auto mall. <br />Please refer to the attached report to the Planning Commission for additional <br />information. <br />Mannino Commission Recommendation <br />The Planning Commission reviewed this item at their November public <br />hearing and recommended approval of the variance request with the findings <br />outlined in the staff report. <br />Recommendation <br />It is recommended the City Council approve the .15 acre variance request to <br />the minimum lot size of one acre in the C3 commercial zoning district for the <br />Elk River AutoMall based on the following 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:counci1:v95-12 <br />