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5.1. EASR 08-25-2020
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5.1. EASR 08-25-2020
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8/20/2020 8:23:17 AM
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8/25/2020
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The property is zoned R1-c which requires lots to be 11,000 sq. ft.in size with a minimum width of 80- <br /> feet. The applicant would like to complete a lot line adjustment where Lot 11,Block 2, Orono Lake <br /> Addition (75-468-0265) will expand/absorb into Parcel A (8,779 sq. ft. &about 44'wide) leaving Parcel B <br /> (7,612 sq. ft. & about 44'wide) as a stand-alone buildable lot,but which does not meet the lot size <br /> standards of the zoning district,thus requiring the variance. <br /> Applicable Regulation <br /> Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br /> described below. The variance is: <br /> 1. Is in harmony with the general purpose and intent of the ordinance, and <br /> The purpose and intent of the ordinance is to maintain uniform development in a neighborhood or <br /> zoning district,provide a reasonable buildable area for a single-family home, and to provide <br /> reasonable distances between structures, as established by the ordinance. While the current property <br /> owners have no intention of developing Parcel B,the undersized parcel can support a structure <br /> approximately 22' x 100'. The minimum house width allowed by ordinance is 22 feet. <br /> The variance is not in harmony with general purpose and intent of the ordinance. <br /> 2. Is consistent with the City of Elk River Comprehensive Plan. <br /> The property is guided for residential. The request is consistent with the Comprehensive Plan. <br /> Variances may be granted when the petitioner establishes that there are practical difficulties in complying <br /> with the zoning ordinance. Practical difficulties means that: <br /> 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning <br /> ordinance; <br /> While adjusting lot lines to make one parcel larger is reasonable,it is not reasonable to leave a <br /> standalone remnant parcel nearly 1/2 the required size for the zoning district. <br /> The use is not reasonable nor permitted by the zoning ordinance. <br /> 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the <br /> petitioner's own action or inaction; and <br /> The plight is a consequence of the petitioner's own action. They are trying to execute a lot line <br /> adjustment on two conforming parcels resulting in one parcel becoming non-conforming,requiring <br /> the variance. They can accomplish the same goal by platting the parcels as the city streamlined that <br /> platting process in 2017. <br /> 5. The variance,if granted,will not alter the essential character of the locality. <br /> The essential character of the locale could be altered if a non-conforming parcel is approved and a <br /> home is built on the site. <br /> Financial Impact <br /> None <br />
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