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Memo to the Planning Commission/CU 96-20/V 96-10 Page 2 <br />August 27, 1996 <br /> <br />During the preliminary review of the request for the conditional use permit, <br />it was determined that a variance to lot size was required because parcel 1 is <br />5903 square feet in size and the minimum lot size in the R3 zone is 6000 <br />square feet. <br /> <br />Existing Conditions <br /> <br />The twin home is currently under construction. The site is relatively fiat with <br />a grove of pine trees in the southeast corner of proposed parcel 2. The <br />property is bounded by Railroad Drive to the southwest, a single family home <br />to the north and single family homes to the east. <br /> <br />Variance <br /> <br />The applicant is requesting a variance to allow a 5903 square foot lot in the <br />R3 zoning district which has a minimum lot size of 6000 square feet. <br /> <br />Because of the placement of the twin home on the property, it is not possible <br />to subdivide the property into two lots that comply with the minimum lot size <br />requirement unless there is an odd jog in the lot line between the two <br />proposed lots. <br /> <br />The parent parcel is triangular and because of its shape there is only one <br />location to build the twin home and still meet the setback requirements. <br />Since the proposed property line will correspond with the common wall <br />between the two units, the placement of the property line is also limited. The <br />location of the twin home will result in parcel 1 having a lot size of 5903 <br />square feet, 97 square feet less than what is required, and parcel 2 having a <br />lot size of 7117 square feet. <br /> <br />Staff refers the Planning Commission to section 900.40 of the Elk River Code <br />of Ordinances for the standards to consider when reviewing a variance. <br /> <br />Recommendation <br /> <br />It is staffs opinion that this request meets the five standards required to <br />grant a variance based on the following findings. <br /> <br />The literal enforcement of the Ordinance will cause undue hardship for <br />the applicant since there is no other location for the proposed property <br />line and an odd jog in the proposed property line will deprive the <br />owner of parcel 2 a usable back yard. <br /> <br />s:\planningXscottXcu96-20.doc <br /> <br /> <br />