4. BASR 07-08-2008 - Laserfiche WebLink

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City of Elk -~-~ River REQUEST FOR ACTION To Item Number Board of Adjustments 4 - Agenda Section Meeting Date Prepared by Board of Adustments ul 8, 2008 Chris Leeseber ,Park Planner-Planner Item Description Reviewed by Request by Christina Simon for Variance to Lot Frontage erem Barnhart, Plannin Mana er Requirements, Public Hearing -Case No. V OS-07 Reviewed by Action Requested Staff recommends that the Board of Adjustments denies the request, as illustrated on drawings dated 4-28-08, for the following reasons: 1. Literal enforcement will not cause undue hardship as the property already has a viable use (a duplex) on it without a variance. 2. There is no hardship nor special conditions and circumstances. The conditions of the site existed prior to the applicant purchasing the property. The current conditions, lot size and setbacks, meet the zoning requirements. 3. The applicant was aware of the conditions of the site prior to purchasing the property; which is a duplex on a single parcel of land. 4. The property owner is not being deprived of any rights. The property already has a viable use (a duplex) on it without a variance. Background/Discussion The applicant has purchased the subject property with the intent of subdividing the property and selling each unit as a single family residence. To subdivide the property in the manner desired, a variance is required as the east lot would be 10-feet smaller than allowed by the R2a zoning district. There are two neighboring lots have been subdivided in the past (1983 & 1984) but it is unclear what the regulations were at that time for subdividing properties. Additionally, should the variance be approved, a Conditional Use Permit will be necessary for the zero lot line. Attachments • Location Map • Applicant's Narrative, Site Plan, Plat Exhibit & Surrounding Properties Information • 2006 Aerial • Exhibit "A"