Laserfiche WebLink
City of <br />Elk — <br />River i <br />City of Elk River <br />City Council <br />63 <br />Resolution 20- <br />A Resolution of the City Council of the City of Elk River Approving Variance <br />Request V 20-10 and Establishing Findings of Fact Therefore <br />WHEREAS, Application was made on August 3, 2020 by Eric and Elizabeth Toth <br />(Applicants) for a Lot Size Variance of 3,388 sq. ft. less than the required 11,000 sq. ft. at <br />12824 Orono Road; and <br />WHEREAS, The application for approval (the Application) was referred to the City <br />Council; and <br />WHEREAS, The Applicant's proposed, as a condition of approval of the variance, to <br />place a restrictive covenant on the substandard lot restricting any development or building <br />from being constructed on the lot; and <br />WHEREAS, The City Council conducted a public hearing on the Application, after proper <br />publication and due notice thereof as required by ordinance and statute, on September 21, <br />2020; and <br />WHEREAS, Following completion of the public hearing, the City Council made the <br />following findings of fact with respect to the application: <br />1. The property has a land use of residential and the proposed use as a vacant lot is <br />consistent with the Comprehensive Plan. <br />2. The proposed use as a vacant lot is reasonable and is permitted in the zoning <br />ordinance. <br />3. If a restrictive covenant is place on the substandard lot restricting any development <br />or building from being constructed on the lot, then: <br />a. The general purpose and intent of the ordinance are met. <br />b. The variance will not alter the essential character of the locality. <br />c. The plight of the petitioner is due to circumstances unique to the property <br />not a consequence of the petitioner's own action or inaction. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk <br />River, Minnesota, based on the findings of fact set forth above, hereby approves the <br />Application for a Variance to create a parcel 3,388 sq. ft. less than the required 11,000 sq. ft, <br />on condition that the restrictive covenant attached as Exhibit A to this resolution is recorded <br />0 against the substandard parcel. <br />p 0 W I R E 0 8 Y <br />NA TU L <br />