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<br />Board Adjustments / V 05-02 <br />July 26, 2005 <br />Page 3 <br /> <br />4. The special conditions and circumstances are not a consequence 0/ the petitioner's own action or inaction. <br /> <br />The special conditions were not created by the petitioner; they were created by <br />Sherburne County requiring additional right-of-way. <br /> <br />5. The variance will not be iJ?jurious to or adverselY qffect the health, sqfery or we!fare 0/ the residents 0/ the <br />ciry or the neighborhood where the propertY is located and will be in keeping with spirit and intent 0/ the <br />ordinance. <br /> <br />The request would not adversely impact other properties in the vicinity, as the requested <br />reduction in lot area is not significant (less than 2%) and this area will see lot area <br />minimums of 2 % acres in less than five years. <br /> <br />PropertY Line Dispute <br /> <br />The applicant and staff have received correspondence from Mr. & Mrs. Stadden regarding a <br />property line dispute. The area of land in question is approximately a %-acre piece of land <br />on the west side of the ditch indicated on the preliminary plat. Property line disputes are a <br />matter of civil action and the City does not become involved with these disputes. <br /> <br />The property line dispute has no impact on the variance request. Regardless of the outcome <br />of the dispute, the applicant will have 30+ acres prior to the subdivision request and staff <br />would still recommended approval of the variance request based on the same five criteria. <br />However, if the overall lot size is reduced, the preliminary plat (which is an Administrative <br />Subdivision that only the City Council reviews) will have to be adjusted accordingly and new <br />plans submitted. <br /> <br />Recommendation <br /> <br />Staff recommends that the Board of Adjustments recommend approval of the request. <br /> <br />S:\PLANNING\Case Files\2005\ V 05-02 A & R Land Dev\ V 05-02_BA.doc <br />