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Planning & Zoning Board September 11, 2002 Page 8 1111 parcel and 188 feet to the east of the one acre parcel. Thus, although the proposed lot has 330' of width on a road, it is not contiguous width. Staff indicated Lino Lakes City Ordinance Section 3, subd. 3.B.1.b requires parcels requiring a minimum of 10 acres or more to have a minimum of 20% upland area. Both parcels meet this requirement: the 10 -acre parcel has four acres of upland, although this upland exists as "islands" among wetland area, and the one acre parcel is almost entirely composed of upland. Staff stated soils tests confirm that the proposed 10 -acre parcel is capable of accommodating a septic system. In addition, there is adequate room for both primary and secondary sites. The one -acre parcel already contains a septic system, with adequate room for a secondary site. Staff indicated the existing 11 -acre parcel contains a second driveway, not used by the Lindahls but existing on their property, that is the sole source of access for the neighboring property to the west, at 815 Ash Street. Without this driveway, the property at 815 would be landlocked, with no access out to Ash Street or any other road. The minor subdivision approved in 1997, which created the parcels at 815 and 855 Ash Street, required an easement agreement be drawn up for the driveway. This agreement was approved by the City attorney and recorded with Anoka County. In addition, as a further condition of approval, the driveway was approved by the Fire Chief. Staff noted the driveway is currently used primarily by the residents at 815 Ash Street, as the Lindahls have their own access drive. Further subdivision of the 11 -acre parcel would require shared use of this driveway, which may or may not pose a legal issue: the easement agreement states the easement is "for the exclusive benefit of Tracts B (855 Ash Street) and C (815 Ash Street)." Further, the agreement states that "no party may unreasonably increase the burden of the driveway and utility easement." The agreement can be amended only with the written consent of both parties. Staff stated the Lino Lakes Zoning Ordinance states that "in considering all requests for variance or peal and in taking subsequent action, the City shall make a finding of fact: 1.) That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 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 for 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 APPROVED MINUTES