4.9 SR 10-05-2020Request for Action
To Item Number
Mayor and City Council 4.9
Agenda Section Meeting Date Prepared by
Consent Agenda October 5, 2020 Zack Carlton, Planning Manager
Item Description Reviewed by
Lot Size Variance: Eric Toth, 12824 Orono Road Chris Leeseberg, Senior Planner
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, a resolution approving the variance and the deed
restriction.
Board of Adjustments
At their September 21, 2020, meeting, the City Council approved the
requested variance and directed staff to draft a deed restriction on the
substandard lot prohibiting the issuance of a building permit unless
platted as a conforming parcel or combined with an adjacent
conforming parcel.
Financial Impact
None
Attachments
Resolution
Deed Restriction
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
City of Elk River
City Council
Resolution 20-____
A Resolution of the City Council of the City of Elk River Approving Variance
Request V 20-10 and Establishing Findings of Fact Therefore
WHEREAS, Application was made on August 3, 2020 by Eric and Elizabeth Toth
(Applicants) for a Lot Size Variance of 3,388 sq. ft. less than the required 11,000 sq. ft. at
12824 Orono Road; and
WHEREAS, The application for approval (the Application) was referred to the City
Council; and
WHEREAS, The Applicant’s proposed, as a condition of approval of the variance, to
place a restrictive covenant on the substandard lot restricting any development or building
from being constructed on the lot; and
WHEREAS, The City Council conducted a public hearing on the Application, after proper
publication and due notice thereof as required by ordinance and statute, on September 21,
2020; and
WHEREAS, Following completion of the public hearing, the City Council made the
following findings of fact with respect to the application:
1. The property has a land use of residential and the proposed use as a vacant lot is
consistent with the Comprehensive Plan.
2. The proposed use as a vacant lot is reasonable and is permitted in the zoning
ordinance.
3. If a restrictive covenant is place on the substandard lot restricting any development
or building from being constructed on the lot, then:
a. The general purpose and intent of the ordinance are met.
b. The variance will not alter the essential character of the locality.
c. The plight of the petitioner is due to circumstances unique to the property
not a consequence of the petitioner’s own action or inaction.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk
River, Minnesota, based on the findings of fact set forth above, hereby approves the
Application for a Variance to create a parcel 3,388 sq. ft. less than the required 11,000 sq. ft,
on condition that the restrictive covenant attached as Exhibit A to this resolution is recorded
against the substandard parcel.
th
Passed and adopted this 5 day of October 2020.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Exhibit A
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIONS ("Declaration") is made as of this _____ day of
_____________, 2020 by ERIC RUDOLPH TOTH and ELIZABETH ANN TOTH, husband and
wife (hereinafter "Declarants").
RECITALS:
A. Declarants are the owners in fee simple of certain real property located in Sherburne
County, Minnesota, legally described as:
Lot 12, Block 2, Orono Lake Addition, Sherburne County, Minnesota, according to the
recorded plat thereof (“Parent Parcel”);
B. Declarants have applied to the CITY OF ELK RIVER, a Minnesota municipal
corporation (hereinafter “City”) for approval to subdivide the Parent Parcel creating two parcels, one of
which is legally described as follows:
Lot 12, Block 2, Orono Lake Addition, Sherburne County, Minnesota, except that part
lying west of a line described as follows: Beginning at a point on the northerly line of said Lot 12,
distant 44.88 feet southeasterly of the northwest corner thereof; thence south to a point on the southerly
line of said Lot 12, distant 44.14 feet northeasterly of the southwest corner thereof (“Parcel B”);
C. Parcel B is a non-conforming lot under the Elk River City Code and Declarants have
applied for a variance to the Elk River City Code to allow the subdivision creating Parcel B;
E. As a condition of approval of the subdivision of the Parent Parcel creating Parcel B,
Declarants have proposed to place a restrictive covenant against Parcel B restricting any development or
building from being constructed on Parcel B;
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NOW, THEREFORE, Declarants do hereby declare as follows:
1. No building or any structure shall be constructed on Parcel B.
2. Parcel B shall not be further subdivided.
3. Parcel B shall remain undeveloped.
4. This Declaration may only be amended, modified or supplemented by the combined
written approval of the City and the Declarants.
5. Declarants and/or the City shall have the right to enforce the provisions of this
Declaration through any proceedings, at law or in equity, against any person or persons violating, or
attempting to violate, the provisions of this Declaration, either to prevent such violation or breach or to
recover damages for such violation or breach.
6. The restrictions contained herein shall be deemed and construed to be continuing and no
waiver of any breach of any of such restrictions shall be construed to be a waiver of any other breach of
the same, nor shall failure to enforce the restrictions contained herein be construed as a waiver of such
restrictions.
7. The covenants and restrictions set forth in this Declaration shall run with the land, shall
be recorded with Sherburne County against the title to Parcel B, and shall be binding upon and inure to
the benefit of the City and the Declarant named herein, their successors, heirs, and assigns, and any
other person or entity at any time hereafter who shall become the owner of the Parent Parcel.
IN WITNESS WHEREOF, Declarant has made this Declaration as of the date and year first
above written.
DECLARANTS:
_________________________________
Eric Rudolph Toth
_______________________________
Elizabeth Ann Toth
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STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _____ day of _______________,
2020, by Eric Rudolph Toth and Elizabeth Ann Toth, husband and wife.
______________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
C AMPBELL K NUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP/smt
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