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Board Adjustments / V 05-02 July 26, 2005 Page 2 Overview The subject property is a 31.73-acres parcel which is bound by Meadowvale Road on the east and County Road 79 (22Sth Avenue) on the south. The corporate boundary of Elk River forms the western property line with Big Lake Township. Analysis This property is located in an area that will have 2 % acre lot minimums starting in January 2010. The applicant has elected to subdivide the property at this time as opposed to waiting until that date. The legal description of the applicant's property provides for 31.73-acres. Sherburne County, as a condition of approval, will obtain 2.24-acres of right-of-way for future road improvements and off street trail corridors. This leaves the applicant with 29.49-acres of land to subdivide. The Al zoning district requires lot sizes to be a minimum of 10-acres. The proposed plat would create three 9.83-acre parcels. The lot area variance would not be needed if the property were serviced by city streets that may not require additional right-of-way. Aside from the total acreage, the lots comply with the dimensional requirements for the Al zoning district. In order to grant a variance from the literal interpretation of the ordinance, the following five conditions must be met: 1. Literal enforcement if the ordinance will cause undue hardship. Literal enforcement would reduce the number of lots able to be created to two. This may create an economic hardship for the applicant, but this cannot be the sole hardship for granting the variance. 2. The hardship is caused l!J special conditions and circumstances, which are peculiar to the properry and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. The hardship is caused by special conditions particular to the property. The property is bound by two County roads and the County is requiring additional right-of-way in fee title as a condition of approval. If the County were to request the additional right of way as an easement, the minimum lot area of 10 acres would be met as the applicant would still own the land underlying the easement. 3. The literal application if the provisions if this ordinance would deprive the petitioner if rights e,!jqyed l!J other properties in the same district under the terms if this ordinance. Other properties that have 30+ acres without the need to provide additional right-of-way have the ability to develop the land into three parcels. S:\PLANNING\Case FiIes\2005\ V 05-02 A & R Land Dev\ V 05-02_BA.doc