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CITY OF LINO LAKES <br />RESOLUTION NO. 04 -50 <br />RESOLUTION APPROVING VARIANCES FROM REQUIREMENTS FOR LOT <br />AREA, LOT WIDTH, AND ROAD FRONTAGE FOR THE ST. PAUL REGIONAL <br />WATER SERVICES <br />WHEREAS, a request has been submitted to the City for the approval of a minor subdivision <br />which requires variances for lot area, lot width, and road frontage, and <br />WHEREAS, review and approvals of variances are governed by state statutes and City <br />ordinances, and <br />WHEREAS, the site is that described in the legal description in Attachment A, and <br />WHEREAS, the Lino Lakes City Council makes the following findings: <br />a. The property in question cannot be put to a reasonable use if used under conditions allowed <br />by the official controls. The site is completely surrounded by the Iake and the regional park <br />reserve. It cannot be developed as a usable parcel. The dam on the site regulates the water <br />level of Peltier Lake. The site cannot be used for anything else. It has no road frontage now. <br />Of the two lots being created, one will include the dam. The second will be attached to an <br />adjacent parcel owned by Anoka County as part of the park reserve. <br />b. The plight of the landowners is due to physical circumstances unique to his property not <br />created by the land owner. The physical shape, location, and isolated nature of the parcel <br />prevent use for anything other than the dam and the park reserve. <br />The hardship is not due to economic considerations alone if reasonable use for the property <br />exists under the terms of the ordinance. Economic considerations are not the only part of the <br />situation. The intent is to convey the broken off land to Anoka County for park use <br />d. Granting the variance requested will not confer on the applicant any special privilege that <br />would be denied by this ordinance to other lands, structures, or buildings in the same district. <br />There are very few other situations that can be compared to this one. Land locked parcels <br />owned and operated exclusively for public purposes would receive the same consideration. <br />e. The proposed actions will be in keeping with the spirit and intent of the ordinance. As stated <br />in the zoning ordinance, the PSP zoning district is designed and intended to aid in guiding <br />development towards fulfillment of the Comprehensive Plan and to serve a number of <br />functions, including to provide the community with properly located public services and <br />public utilities, provide the community with properly located open green space, parks, <br />playgrounds and recreational facilities. This proposed variances will allow a minor <br />subdivision that provides for public services and utilities by serving the regulation of the lake <br />