05/28/2002 Council Packet - Laserfiche WebLink

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• Lino Lakes City Council Thorp Variance & Minor Subdivision May 28, 2002 of Lot 28 at this time. However, an administrative oversight seems to have taken place, as records show that the Lino Lakes City Clerk certified the subdivision of the parcel to break off Lot 30 without City Council approval. ANALYSIS City Ordinance requires property zoned R -X to be a minimum of 10 acres in size. The Thorps property currently exists as a legal non - conformity, as do most all of the lots in the Lake View Woodlands subdivision. Further subdivision, however, would increase, or exacerbate, the non - conformity of the property, violating City Zoning Ordinance. For this reason, it is the recommendation of staff to deny the request for a Variance from the minimum lot size for property located in an R -X Zone as well as the Minor Subdivision. FINDING OF FACT (VARIANCE) 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property has been, and is currently being, put to a reasonable use as the property site for the Thorp's home. 2. That the plight of the landowners is due to physical circumstances unique to his property and not created by the landowner. Their are no unique physical circumstances associated with the lot. The need for the variance is created by landowners desire to sell part of the existing property. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the Ordinance. The Variance and Minor Subdivision are motivated by the desire to sell the proposed lot. 4. That granting the Variance requested will not confer on the applicant any special privilege that would be denied by this Ordinance to other lands, structures, or buildings in the same district. The R -X, Rural Executive District requires a minimum lot size of 10 acres. Creating a buildable parcel with less than the required minimum lot size is not generally available to other properties within the R -X District. 5. That the proposed actions will be in keeping with the spirit and intent of the Ordinance. The Ordinance states a minimum lot size of 10 acres in an R -X zone.