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RESOLUTION NO. 12-_43 • A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION DENYING AN APPLICATION FOR A LOT SPLIT WHEREAS, Patrick Kasper (The Applicant) has applied (The Application) for a lot split to subdivide a 2.85 acre parcel into two lots; a 1.85 acre lot and a 1 acre lot; and WHEREAS, the Elk River Council, on July 16, 2012, held a public hearing on the Application for a lot split, at which time the Applicant and all members of the public desiring to speak were provided the opportunity to do so;and WHEREAS, following the July 16, 2012, public hearing, the City Council considered the Application, and took action to continue consideration of the Application to its regular scheduled meeting of August 20, 2012, and directed city staff to prepare a draft resolution for denial of the Application; and WHEREAS, the Elk River City Council, on August 20, 2012, took additional testimony and further considered the Application and the draft resolution of denial prepared by staff;and WHEREAS, after all parties desiring to present testimony and offer evidence for and against the application had had the opportunity to do so, Elk River City Council closed the . public hearing on the Application, continued its discussion of the application, and reached the decision incorporated in this resolution. NOW,THEREFORE BE IT RESOLVED, the City Council for the City of Elk River makes the following findings of fact and decision with respect to the Applicant's request for a lot split: FINDINGS OF FACT The City Council makes the following findings of fact with respect to the Application: (1) The proposed lot configuration is inconsistent with Section 30-477 of the City Code,which requires that lot remnants be attached to adjacent lots rather than allowed to remain as unusable parcels. Lot remnants include lots that house storm-water features and offer no buildable site. (2) The proposed lot split does not comply with findings (2), (3) and (7) of the required findings for approval of a lot split set forth in Section 30-375 of the City Code, as follows: a) The proposed lot split does not comply with finding (2) because it is not consistent with the City's Plans. The subject parcel is part of the 2010 Focused Area Study Plan. The Focused Area Study Plan identifies the need for connection of a road serving the businesses on the west side of Highway 10 to the public street to the north. The • proposed lot split and construction of an Advertising Sign would make this connection unlikely, to the detriment of the businesses in the area that rely on vehicular access. The