RES 12-43 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
City invested considerable time and resources developing, considering and adopting the
Focused Area Study Plan and it is critically important for this area of the City that the
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Plan be followed and that there be no barriers to the Plan's implementation.
b) The proposed lot split does not comply with finding (3) of Section 30-375 because it
creates a lot that provides less than 3,000 square feet of buildable land,well under the
minimum size for C-3 zoning lots, and well below the minimum buildable area for the
type and density of development and uses contemplated in the C-3 zoning district.
c) The proposed lot split does not comply with finding (7) of Section 30-375 because the
lot split would have an adverse impact on the adjacent parcels by making connection of
roads unlikely, hampering the development and use of the lots on the west side of
Highway 10.
(3) The proposed lot split is inconsistent with Section 30-322 of the City Code which provides
that the purpose of the subdivision code is to provide for and guide the orderly, economic
and safe development of land and urban services and facilities within the City. The
proposed lot split does not support that purpose because it would create a flag shaped lot
with limited use options and significant adverse impacts to neighboring properties.
DECISION
THEREFORE, the City Council for the City of Elk River makes the following decision with
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respect to the application for a lot split by Patrick Kasper:
A. The record in this matter shall include all material submitted to the City and
presented to the Planning Commission and City Council,including those materials
presented in the staff reports, by the City staff, all materials and testimony submitted
by or on behalf of the Applicant, and all testimony received from the public as of the
date of this resolution.
B. The findings of facts set forth above in this Resolution are hereby adopted and
incorporated as specific grounds for the decision set forth herein.
C. Based on all of the above, the Application for a lot split is denied.
Passed and adopted this 20th day of August, 2012.
N• \ A
J/n J. II ietz, pr
ATTE . _9
Tina Allard, City Clerk
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