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Memo to Planning Commission/P96-6 & V 96-7 <br />June 25, 1996 <br /> <br />Page 3 <br /> <br />The City is considering a similar variance request where the applicant is <br />requesting a variance to lot size because of required right-of way dedication. <br />That situation is different from this one in that they are starting with a smaller <br />(5 acre lot) and do not have the ability to adjust the lot line to provide for a <br />conforming 2 1/2 acre lot; secondly, the dedication of the right-of-way is part of a <br />pending administrative subdivision. The Mickelsons, on the other hand, are <br />starting with a 35 acre lot and do have the ability to adjust the lot line to create <br />a conforming 2 1/2 acre lot, and the right-of-way dedication was a condition of <br />approval for previous administrative subdivision, it is an existing situation. <br /> <br />Staff refers the Planning Commission to Section 900.40 of the Elk River Code of <br />Ordinances for the standards to consider when reviewing a variance. <br /> <br />It is not clear what undue hardship the applicant will face by complying with the <br />2 1/2 acre minimum lot size requirement. There is enough acreage so that the lot <br />lines could be adjusted to comply with the 2 1/2 acre minimum lot size. There <br />does not appear to be any special conditions that are unique to this site that are <br />not applicable to other properties in the area The variance should not be <br />detrimental to the health, safety and welfare of the neighborhood. <br /> <br />Recommendation <br /> <br />It is staffs opinion that this request does not meet the five standards required to <br />grant a variance based on the following findings: <br /> <br />The hteral enforcement of the Ordinance will not cause undue hardship <br />for the apphcant since there is enough acres to adjust the lot line to <br />comply with the 2 1/2 acre minimum lot size. <br /> <br />There are no special conditions such as topography, vegetation or existing <br />structures which are pecuhar to this property. <br /> <br />Literal application of the Ordinance will not deprive the applicant of <br />property rights enjoyed by other properties in the neighborhood. <br /> <br />° <br /> <br />There are no special circumstances or conditions that are not a <br />consequence of the applicant's action. <br /> <br />The granting of this variance will not be injurious to or adversely affect <br />the health, safety or welfare of the residents. <br /> <br />Prelimina~. Plat <br /> <br />s:\planning\scott\p96-6.doc <br /> <br /> <br />