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City Council Meeting Lindahl Minor Subdivision & Variance September 23, 2002 Comment: The property has been, and currently is, being put to reasonable use. The applicant is simply asking for a further intensification of use. 2.) That the plight of the landowners is due to physical circumstances unique to his property, not created by the land owner. Comment: The landowner is asking a further subdivision of his land, which he was advised "would probably not be recommended" when he first purchased his 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. Comment: There is no hardship demonstrated or apparent; rather the proposed lots simply do not meet the minimum lot requirements for property in a Rural zone. 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. Comment: Granting a Variance without the demonstration of hardship or unique circumstances would confer upon the applicant special privilege. 5.) That the proposed actions will be in keeping with the spirit and intent of the ordinance. Comment: The proposed action would not be in keeping with the spirit and intent of the Ordinance, as Variances are to be granted only in cases where hardship /unique physical circumstances are present. P & Z RECOMMENDATION The above report was presented at the August 14 & September 11, 2002 meeting of the Planning & Zoning Board. After consideration of the issues, Board members voted to recommend approval of the Minor Subdivision, with the following conditions: 1.) A park dedication fee of $1,665 to be paid prior to the certification and recording of the Minor Subdivision. 2.) The applicant shall dedicate to the City drainage and utility easements measuring ten feet in width along the front and rear property lines, five feet in width along side property lines, and covering all ponding and wetland areas. Such dedication shall be in the form of a Quit Claim Deed, per the City