RES 20-63City of
Elk —
River i
City of Elk River
City Council
63
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
0 against the substandard parcel.
p 0 W I R E 0 8 Y
NA TU L
Passed and adopted this 5r' day of October 2020.
J 1 J. I.ietz, Wfayor
ATTEST:
Tina Allard, City Clerk
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NATURE
Exhibit A
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