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<br />Planning Commission Minutes <br />December 27, 1995 <br /> <br />Page 2 <br /> <br />. <br /> <br />Staff report by Gary Schmitz. The Chuba Company has requested approval for <br />the following: <br /> <br />A. Preliminary plat to subdivide 1.4 acres into 5 industrial lots <br />B. Conditional use permit for a zero lot line development <br />C. Variance to the minimum lot size in the 1-1 zoning district <br /> <br />The subject property is located at the corner of Vernon Street and Elk Lake Road. <br />The preliminary plat. Vernon Plaza, is a replat of Lot 2, Block 1, Meadowvale <br />Commercial Park. The conditional use permit for a zero lot line development <br />would allow ind!vidual ownership of five (5) parcels. A variance is needed <br />because the current minimum lot size is one (1) acre in the 11 zoning district (the <br />lots range in size from 4,000 square feet to 10,000 square feet). Staff recommends <br />approval of the requests based on the findings cited in staff's memo to the <br />Planning Commission dated December 27, 1994. Elk River Municipal Utilities has <br />requested that the common area of Lot 1, Block 1, be dedicated as a drainage <br />and utility easement. <br /> <br />Dennis Chuba, developer, requested that the drainage and utility easement be <br />recorded as a separate document, as the final plat has already been <br />completed. <br /> <br />. <br /> <br />Chair Tveite opened the public hearing. There being no comments from the <br />public, Chair Tveite closed the public hearing. <br /> <br />Commissioner Kreger expressed his concern regarding the variance finding of a <br />hardship, stating that the property could be developed as proposed, except that <br />individual ownership of lots will be eliminated. <br /> <br />Gary Schmitz explained that there appears to be a problem with the ordinance, <br />in that zero lot line development is allowed, but a minimum lot size of one (1) acre <br />would restrict that type of development from occurring. <br /> <br />Discussion followed regarding the impact of the ordinance regarding zero lot line <br />development and minimum lot sizes in the City's zoning districts. <br /> <br />Commissioner Minton questioned whether or not the applicant would be willing <br />to wait the 60 days necessary for an ordinance amendment to allow smaller lot <br />sizes for zero lot line development. Mr. Chuba stated that he would like to begin <br />development as soon as possible. <br /> <br />COMMISSIONER KREGER MOVE TO RECOMMEND APPROVAL OF THE REQUEST BY THE <br />CHUBA COMPANY FOR A VARIANCE, PUBLIC HEARING CASE NO. V 94-16, BASED <br />ON THE FOLLOWING FINDINGS OF FACT: <br /> <br />1. <br /> <br />LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE HARDSHIP TO THE <br />APPLICANT AS A RESULT OF A MISCOMMUNICATION OF THE INTENT OF THE <br />ORDINANCE REQUIREMENTS CURRENTLY IN EFFECT, AND THAT THE INTENT OF <br />THE PLANNING COMMISSION AND CITY COUNCIL IS TO MODIFY THE <br />ORDINANCE TO ALLOW SUCH DEVELOPMENTS IN THE FUTURE, THEREFORE, <br />MAKING THE REQUEST A LEGAL, CONFORMING REQUEST IN THE FUTURE. <br /> <br />. <br />