RES 15-03RLSOI_UTlON l3 - o3
A Resolution of the City of Elk River
A Resolutoon Regarding the Denial of the Lot Split and Variance Applications
Submitted by Reg Powell to Split the Parcel at 19375 Orford Street NVIV and
a Twenty Foot Variance to the Minimum Lot Depth
WHEREAS, Reg Powell, Powell Team MN, ( "Applicant "), has applied ( "Application ") for
a lot split (Case No. LS 14 -05) and a 20 -foot variance (Case No. V 14 -02); and
WHEREAS, the record in this matter shall include all of the materials submitted to the
Board of Adjustments and City Council in connection with the
October 27, 2014, Lot Split application
October 27, 2014, Variance application;
including the staff reports and all attachments thereto, all other written materials submitted
to the Board of Adjustments and City Council, and all staff presentations and other
testimony taken at the public meetings considering the Lot Split and Variance, all of which is
incorporated and made a part of the findings of fact and this resolution; and
WHEREAS, the Board of Adjustments held a public hearing on November 25, 2014, to
receive testimony and evidence from city staff, the Applicant and any other persons
regarding the Variance Application; and
WHEREAS, the Board of Adjustments denied the Variance Application, resulting in an
automatic appeal to the City Council; and
WHEREAS, the City Council held a public hearing on December 15, 2014, to receive
testimony and evidence from city staff, the Applicant and any other persons regarding
whether the Variance and Lot Split should be approved; and
WHEREAS, the Applicant and all others wishing to speak were given numerous
opportunities to present testimony to the Board of Adjustments and City Council; and
WHEREAS, the City Council, at the conclusion of its December 15, 2014, public hearing
on the Applicant's Application, made findings regarding the Application.
NOW, THEREFORE, the City Council of the City= of Elk River makes the following
findings of fact and decision with respect to the Application by Reg Powell for a Lot Split at
19375 Oxford St NW and a Variance for a 20 foot lot depth reduction.
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FIND NGS OF FACT
1. The parcel at 19375 Oxford St NW was platted in 1974 without the availability of
city sewer and water.
2. City water and sanitary services were constructed beneath Highland Road, adjacent
to the property, in 2006. The availability of city services made it possible for the
parcel at 19375 Oxford St NW to be divided provided the new lot connects to city
services and meets all design standards for the zoning district.
3. On September 29, 2014, Reg Powell, representing the property owners Marc and
Patricia Macomber, submitted a Lot Split application for the parcel at 19375 Oxford
St NW, proposing to split the lot into two buildable lots.
4. On October 15, 2014, city staff informed Mr. Powell that neither lot met the
minimum lot depth standard of 130 feet in the R -1c zoning district. City ordinance
defines lot depth as "the minimum horizontal distance between the front lot line and
the rear lot line." The proposed split created two lots with the minimum distance
between the front and rear lot lines of approximately 111 feet.
5. On October 17, 2014, the applicant withdrew the Lot Split application.
6. On October 27,, 2014, Mr. Powell submitted a Variance application to permit two
lots approximately 20 feet below the minimum lot depth of 130 feet in the R -1c
zoning district, and re- submitted the Lot Split application.
7. On November 25, 2014, the Board of Adjustments reviewed the Variance
application. The Board received testimony from staff and neighboring residents
regarding impacts to the neighborhood that may or may not occur if the variance
was granted.
8. Elk River City Code states that in order for a Variance to be granted, the request
must meet the five criteria as outlined in Sec. 30 -635. — Variances;
a. A variance may be granted by the board only if it finds that:
(1) The variance is in harmony with the general purpose and intent of the
ordinance.
(2) The variance is consistent with the City of Elk River comprehensive
plan.
b. Variances may be granted when the petitioner establishes that there are
practical difficulties in complying with the zoning ordinance. Practical
difficulties means that:
(1) The petitioner proposes to use the property in a reasonable manner
not permitted by the zoning ordinance;
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(2) The plight of the petitioner is due to circumstances unique to the
property not a consequence of the petition's own action or inaction;
and
(3) The variance, if granted, will not alter the essential character of the
locality.
9. The Board of Adjustments voted 6 -1 to deny the Variance based on the following
findings:
a. Granting a variance to allow two lots below the minimum depth standard
would be out of character with the neighborhood.
b. A specific need to split the lot was not stated and the city has not done
anything to require a variance.
10. The Elk River City Code provides that a decision by the Board of Adjustments to
deny a variance shall not be final and shall be reviewed by the City Council.
11. On December 15, 2014, the City Council reviewed the Variance and Lot Split
requests.
12. The Council upheld the Board of Adjustments decision and voted 5-0 to deny the
variance request based on the criteria outlined in #9.
13. Additionally, having not received approval of a Variance to allow two lots below the
minimum depth standard of 130 feet, the proposed Lot Split, creating two lots
approximately 111 feet deep, cannot be approved. The Lot Split was denied based on
the finding that neither lot met the minimum depth standard of 130 feet in the R -1 c
zoning district.
14. In the course of the City Council's consideration of the Variance, the City Council
received considerable testimony regarding perceived impacts to the neighborhood.
Based on the record generated in these proceedings, the City Council makes the
following findings of fact related to the Variance and Lot Split applications
submitted by Reg Powell:
a. The City Council finds that the Variance application has failed to meet the
criteria for the granting of a Variance as outlined in Sec. 30 -635 of the Elk
River code of ordinances.
b. Without a variance permitting the creation of two lots below the minimum
lot depth of 130' in the R -1 c zoning district the proposed Lot Split cannot be
approved. Approval of the lot split would create two illegal non- conforming
lots.
15. Taking into consideration all of the testimony and evidence received, the City
Council finds that the Applicant has not established that it has met the requirements
for approval of a Variance, and that it would not be in the public interest to approve
the Application.
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DECISION
'Wherefore, the City Council of the City of Elk River does not approve the Applications for a
Variance or a Lot Split at 19375 Oxford Street NW, based on the findings of fact set forth
above.
Passed and adopted this 20'h day of January 2014.
ATTEST:
L�
Tina Allard, City Clerk
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