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10/09/2002 P&Z Packet
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10/09/2002 P&Z Packet
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P&Z Packet
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10/09/2002
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• <br />Planning & Zoning Board <br />September 11, 2002 <br />Page 8 <br />Staff stated soils tests confirm that the proposed 10 -acre parcel is capable of <br />accommodating a septic system. In addition, there is adequate room for both primary and <br />secondary sites. The one -acre parcel already contains a septic system, with adequate <br />room for a secondary site. <br />Staff indicated the existing 11 -acre parcel contains a second driveway, not used by the <br />Lindahls but existing on their property, that is the sole source of access for the <br />neighboring property to the west, at 815 Ash Street. Without this driveway, the property <br />at 815 would be landlocked, with no access out to Ash Street or any other road. The <br />minor subdivision approved in 1997, which created the parcels at 815 and 855 Ash Street, <br />required an easement agreement be drawn up for the driveway. This agreement was <br />approved by the City attorney and recorded with An a County. In addition, as a further <br />condition of approval, the driveway was approved b Chief <br />Staff noted the driveway is currently used p <br />the Lindahls have their own access drive. F <br />would require shared use of this driveway, whi <br />easement agreement states the easement is "fo <br />Ash Street) and C (815 Ash Street)." Furthe <br />unreasonably increase the burden of the <br />can be amended only with the written c <br />Staff stated the Lino Lakes Zonin <br />variance or peal and in taking sub <br />nts at 815 Ash Street, as <br />acre parcel <br />r may n ' #` e a legal issue: the <br />e benefit of Tracts B (855 <br />tates that "no party may <br />sement." The agreement <br />a "in considering all requests for <br />ent ac ity shall make a finding of fact: <br />1.) That the property in qu <br />conditions the <br />of be put to a reasonable use if used under <br />ntrols. <br />been, % nd currently is, being put to reasonable use. <br />g for a further intensification of use. <br />2.) That the p <br />his property, <br />ers is due to physical circumstances unique to <br />the land owner. <br />Comment: The lan ner is asking for a further subdivision of his land, which he <br />was advised "would probably not be recommended" when he first purchased his <br />property. <br />3.) That the hardship is not due to economic considerations alone and when a <br />reasonable use for the property exists under the terms of the ordinance. <br />Comment: There is no hardship demonstrated or apparent; rather the proposed <br />lots simply do not meet the minimum lot requirements for property in a Rural <br />zone. <br />4.) That granting the variance requested will not confer on the applicant any <br />special privilege that would be denied by this ordinance to other lands, <br />structures, or buildings in the same district. <br />
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