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<br />. <br /> <br />. <br /> <br />. <br /> <br />Planning Commission Meeting Minutes <br />June 25, 1996 <br /> <br />Page 8 <br /> <br />13. <br /> <br />APPROPRIATE PERMITS fROM SHERBURNE COUNTY SHALL BE OBTAINED fOR <br />ANY WORK TO BE DONE WITHIN COUNTY ROAD NO. 30 RIGHT-Of-WAY. <br /> <br />14. WATER AVAILABILITY CHARGE Of $300.00 PER LOT BE PAID TO ELK RIVER <br />UTILITIES PRIOR TO RELEASING THE PLAT fOR RECORDING. <br /> <br />15. THE PARK AND RECREATION COMMISSION'S RECOMMENDATIONS SHALL BE <br />INCLUDED IN THE REVISED PLANS. <br /> <br />COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. <br /> <br />.$...9..... Ddrr~r\&...ElizdBefH..Dtlffv...Rg8G~stf8rWdHdl'"ic~,...pt.m1li8H~dHnd..GdseN8...W..96M......... <br /> <br />Staff report by Steve Ach. Darren and Elizabeth Duffy are requesting a variance <br />to the minimum lot size in order to subdivide approximately 5 acres into two <br />single family lots. Because of the County's requirement for an additional 1 7 feet <br />of right-of-way, one of the lots, Parcel A, would then be less than the required 2- <br />1/2 acre minimum. <br /> <br />Steve Ach noted a letter has been received from the Duffy's neighbors, Michael <br />and Jeannie Bodnar, expressed their opposition to this request. <br /> <br />Staff recommends approval of the request based on the findings in the staff <br />report to the Planning Commission. <br /> <br />Chair Dillon opened the public hearing. There being no comments from the <br />public, Chair Dillon closed the public hearing. <br /> <br />Commissioner Kuester asked that staff investigate a simplified method of dealing <br />with these right-of-way variance requests. <br /> <br />COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND <br />APPROVAL Of THE VARIANCE REQUEST BY DARREN AND ELIZABETH DUffY, PUBLIC <br />HEARING CASE NO. V 95-6, BASED ON THE fOLLOWING fiNDINGS: <br /> <br />1. THE INTENT Of THE R1 A MINIMUM LOT SIZE REQUIREMENT Of 2-1/2 ACRES IS <br />NOT DIMINISHED BY GRANTING THE REQUESTED VARIANCE. <br /> <br />2. LITERAL APPLICATION Of THE LOT SIZE REQUIREMENTS WOULD DEPRIVE THE <br />APPLICANT THE OPPORTUNITY fOR SUBDIVISION Of THE PROPERTY. <br /> <br />3. If THE ADDITIONAL 17 fEET Of RIGHT-Of-WAY ALONG ZEBULON WAS NOT <br />NEEDED, THE MINIMUM LOT SIZE COULD BE ACHIEVED. <br /> <br />4. THE VARIANCE Of .2 ACRES IS THE MINIMUM REQUESTED TO MEET THE <br />INTENT Of THE ORDINANCE. <br /> <br />5. THE VARIANCE WILL NOT ADVERSELY AffECT THE HEALTH, SAfETY OR <br />WELfARE Of THE COMMUNITY AND WILL BE IN KEEPING WITH THE CITY'S <br />PAST ACTIONS ON SIMILAR REQUESTS. <br /> <br />COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. <br />