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Request for Action <br />To <br />Item Number <br />Board of Adjustments <br />5.1 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Public Hearings <br />August 25, 2020 <br />Zack Carlton, Planning Manager <br />Item Description <br />Reviewed by <br />Eric Toth — 12824 Orono Rd. <br />Chris Leeseber , Senior Planner <br />Lot Size Variance — 3,388 sq. ft. less than required <br />Reviewed by <br />11,000 sq. ft. - Case No. V 20-10 <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 />3. The plight of the petitioner is due to circumstances not <br />unique to the property and are a consequence of the <br />petitioner's own action or inaction. <br />4. The variance could alter the essential character of the <br />locality. <br />Background/Discussion <br />The applicant, Eric Toth and his neighbor, Gary Stritesky, want to <br />split the vacant parcel between their two parcels and combine them <br />with each of their adjacent lots. Normally this is a lot line adjustment <br />the city signs off on and it gets recorded at the county. In this case, <br />Gary's lot (east of the vacant lot) is legally described in metes and <br />bounds and Eric's vacant lot is platted. <br />Due to state regulations, Sherburne County cannot approve property <br />line adjustments across platted and non -platted properties and will <br />only combine these lots through a platting process. To address those <br />limitations, the City Council approved a shortened platting process <br />in 2017, only requiring Council approval on a consent agenda. <br />Figure I <br />Eric is requesting a subdivision exemption (lot line adjustment), to combine the western half of the <br />vacant lot with his adjacent parcel, leaving the eastern half as a standalone parcel, not meeting the <br />minimum lot size standards for the R-1c zoning district. As mentioned, this standalone parcel cannot be <br />combined with Gary's parcel to the east without platting. <br />The Elk River Vision <br />A nyelcoming community nyith revolutionary and spirited resourcefulness, exceptional p Q W E A E o s r <br />service, and community engagement that encourages and inspires prosperity;, g /� JfUR <br />