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<br />r I ~( <br />( x <br />.Yl~~ <br />E I\. River <br /> <br />e <br /> <br />e <br /> <br />ITEM 8.1 <br /> <br /> <br />TO: <br /> <br />MAYOR AND CITY COUNCIL <br />GARY SCHMITZ, ZONING ASSISTANT C~L--)( <br /> <br />FROM: <br /> <br />DATE: DECEMBER 20, 1993 <br /> <br />SUBJECT: ADMINISTRATIVE SUBDIVISION, <br />VARIANCE, AND CONDITIONAL USE <br />PERMIT REQUEST BY WILLIAM SMITH/ <br />PUBLIC HEARING, CASE NO. AS 93-08, <br />V 93-9, AND CU 93-38 <br /> <br />ISSUE <br /> <br />This <br />1. <br />2. <br />3. <br /> <br />request in in 3 parts: <br />A lot area variance for both lots being created. <br />A conditional use permit for a zero lot line development. <br />An administrative subdivision to divide a lot containing <br />an existing duplex into two lots with a zero lot line. <br /> <br />LOCATION OF REQUEST <br /> <br />414 and 416 Upland Avenue NW, Elk River, MN. <br /> <br />BACKGROUND <br /> <br />William Smith is proposing an administrative subdivision to an <br />existing duplex. Mr. Smith constructed the duplex in 1985. <br />The lot standards for an R2 lot in 1985 was 30 feet in width <br />and 3,500 square feet in size. In 1990, the City changed the <br />dimensional regulations for the R2a zoning district requiring <br />60 feet in width and 6,000 square feet in size. Both the <br />dwelling units and the garages were built with 2 one-hour fire <br />walls to accommodate a future zero lot line development. Both <br />the lots meet the current width requirement, however, each lot <br />falls short on the area requirement of 6,000 square feet. <br />Tract Al measures 5,143 square feet and Tract A2 measures 4,420 <br />square feet. Each of these lots exceeded the minimum lot <br />requirement when the duplex was constructed in 1985. <br />Additional staff comments regarding the variance and zero lot <br />line development can be found in the attached report to the <br />Planning Commission. <br /> <br />PLANNING COMMISSION RECOMMENDATION <br /> <br />The Planning Commission recommended approval of a lot area <br />variance based on the following findings: <br /> <br />1. <br /> <br />LITERAL ENFORCEMENT OF THE ORDINANCE <br />UNNECESSARY HARDSHIP BY NOT ALLOWING <br />OWNERSHIP OF EACH UNIT, WHICH WAS INTENDED <br />DUPLEX WAS FIRST CONSTRUCTED. <br /> <br />WOULD CAUSE <br />INDIVIDUAL <br />WHEN THE <br /> <br />P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 <br />