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Request for Action <br />To <br />Item Number <br />Mayor and City Council <br />7.1 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Public Hearings <br />September 21, 2020 <br />Zack Carlton, Planning Manager <br />Item Description <br />Reviewed by <br />Lot Size Variance: Eric Toth, 12824 Orono Road <br />Chris Leeseber , Senior Planner <br />Reviewed by <br />Cal Portner, City Administrator <br />Action Requested <br />Deny, by motion, the lot size variance for the following reasons: <br />1. The general purpose and intent of the ordinance are not met. <br />2. The proposed use is not reasonable and is not permitted in <br />the zoning ordinance. <br />--_ <br />3. The plight of the petitioner is due to circumstances not <br />unique to the property and are a consequence of the <br />u <br />petitioner's own action or inaction. <br />` , 33 <br />l <br />4. The variance could alter the essential character of the locality. <br />Alternatively, if the City Council believes the variance meets all five <br />standards of approval, staff recommends including a condition toyk <br />record a deed restriction on the substandard lot prohibiting the <br />issuance of a building permit unless platted as a conforming parcel or <br />` !WY 10 - -' <br />combined with an adjacent conforming parcel.i <br />cn iz <br />7 <br />Board of Adjustments <br />The Board of Adjustments denied the request stating the conforming <br />parcel was serving the purpose the two property owners wanted, a <br />vacant lot in ownership by one of the two parties to prevent it from <br />being built on. The Board also felt the owners were creating the need <br />for a variance themselves and the desired outcome can be remedied <br />without a variance (by platting). <br />Figure I -. <br />The applicant reiterated they do not want to build on the parcel and offered to record a deed restriction on the <br />new nonconforming parcel to prohibit any future development on the parcel. <br />The Board also had concerns regarding the future maintenance of a small undeveloped parcel. If the parcel <br />were to become unkempt and abandoned, would the city be responsible for maintenance. The Board was <br />The Elk River Vision <br />A nelcoming community nvith revolutionary and spirited resourcefulness, exceptional p Q w E H E u e T <br />service, and community engagement that encourages and inspires prosperity g /� URE <br />