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<br />. <br /> <br />. <br /> <br />. <br /> <br />Board Adjustments / V 05-04 <br />September 27,2005 <br />Page 2 <br /> <br />Overview <br /> <br />The subject property is a 19.74-acre parcel which is bound by Grant Street on the east and <br />County Road 21 (221 st Avenue) on the south. <br /> <br />Analysis <br /> <br />This property is located in an area that will have 2 % acre lot minimums starting in January <br />2010. The applicant has elected to subdivide the property at this time as opposed to waiting <br />until that date. <br /> <br />The legal description of the applicant's property provides for 19.74-acres. Sherburne County <br />and the City of Elk River, as a condition of approval, will obtain 1.96-acres of right-of-way <br />for future road improvements and off street trail corridors. This leaves the applicant with <br />17.78-acres ofland to subdivide. <br /> <br />The A 1 zoning district requires lot sizes to be a minimum of 10-acres. The proposed plat <br />would create two parcels. Lot 1 will be 8.7S-acres and Lot 2 will be 9.03-acres. Aside from <br />the total acreage, the lots comply with the dimensional requirements for the A1 zoning <br />district. <br /> <br />In order to grant a variance from the literal interpretation of the ordinance, the following <br />five conditions must be met: <br /> <br />1. Literal enforcement if the ordinance will cause undue hardship. <br /> <br />Literal enforcement would reduce the number of lots able to be created to one. This <br />may create an economic hardship for the applicant, but this cannot be the sole hardship <br />for granting the variance. <br /> <br />2. The hardship is caused l:ry special conditions and circumstances, which are peculiar to the properry and <br />the structure involved and which are not characteristic if, or applicable to, other lands or structure in the <br />same area. <br /> <br />The hardship is caused by special conditions particular to the property. The property is <br />bound by City and County roads requiring additional right-of-way in fee tide as a <br />condition of approval. <br /> <br />3. The literal application if the provisions if this ordinance would deprive the petitioner if rights e'!l'qyed l:ry <br />other properties in the same district under the terms if this ordinance. <br /> <br />Other properties that have 20+ acres without the need to provide additional right-of-way <br />have the ability to develop the land into two parcels. <br /> <br />4. The special conditions and circumstances are not a consequence if the petitioner's own action or inaction. <br /> <br />The special conditions were not created by the petitioner. <br /> <br />S:\PLANNING\Case Files\2005\ V 05-04 Osberg\ V 05-04_BA.doc <br />