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04-27-2020 BOARD OF APPEAL AND EQUALIZATION
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MISC APPEAL EMAILS
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7/28/2021 10:27:36 AM
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date
4/27/2020
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HIGHEST AND BEST USE <br />To determine the highest and best use of a property, its physical characteristics and issues affecting its use must be <br />considered. These include: location, size, topography, traffic exposure, accessibility, zoning, and the local real <br />estate market. The process always includes the four basic premises found in the definition: physically possible, <br />legally permissible, financially feasible, and that results in the highest present land value. <br />The term Highest and Best Use is defined in the definition section of this appraisal. The highest and best use of the <br />subject site as vacant and as improved will be analyzed. The four tests will be applied, both to the site as if vacant <br />and as improved. Tests are: <br />What is physically possible? <br />2. What is legally permissible? <br />What is financially feasible? <br />4. What is maximally productive? <br />Highest and Best Use as if Vacant <br />Application of Physically Possible <br />The physically possible test reviews the size, shape and topography of the site. The site consists of one tax parcel <br />with a total area of 6,354 square feet or +/- 0.15 acres. The topography is generally level and offers adequate <br />drainage. The soils appear to be good based upon an inspection of the subject property and conversations with <br />individuals familiar with the area. The site shape is mainly rectangular and offers adequate space for most <br />residential uses which would find the site functionally adequate, though some improvements may require setback <br />variances due to the smaller, legal non -conforming size of the site. These variances are reasonable to assume due <br />to the grandfathered nature of the site. The physically possible test reveals that there are no serious barriers to <br />single family uses of the subject site as -if vacant. <br />Application of Legally Permissible <br />Application of the legally permissible test reviews the zoning of the subject property. The subject property is zoned <br />R-lc; Single Family Residential. The zoning is governed by the City of Elk River. A description of the subject's <br />zoning district from the City of Elk River is provided as follows: <br />R-I c district. This district is intended to provide single-family residences in areas with full municipal public <br />sanitary sewers, storm sewers, and municipal water in areas that are a continuation of existing residential <br />development patterns and the infilling of existing lots in established areas. <br />The permitted uses within this district are primarily limited to single family residential uses, though some <br />alternative permitted and conditional uses are available including; day care facilities, parks, home based <br />businesses, bed and breakfast, etc. <br />The minimum lot size in this zoning district with public sewer is 11,000 square feet with a 100 foot minimum lot <br />width and 130' minimum lot depth for a corner lot such as the subject. The subject's lot size does not meet the <br />minimum size requirements; however, the site was platted well before the current zoning and is considered a legal, <br />non -conforming lot of record. The legally permissible test reveals that single family residential uses, which are <br />permitted under the zoning ordinance, would comply with the current zoning regulations for the property as -if <br />vacant. <br />S.P. 7102-135RW C.S. 7102 (10=3) 902 Parcel 7102-902-229C Page 30 <br />
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