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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 />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:\p1anning\pc\v95-12 <br />