#09 - Oak Land Middle School Minor Subdvision & CUP

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6 access may be required by the City to mitigate concerns with impacts to Manning Avenue from this use. 10. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The use will not produce excessive noise, smoke, fumes, glare or odors. Washington County and City engineering staff have suggested conditions of approval that would mitigate impacts expected to county roadways. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. Washington County and City engineering staff have suggested conditions of approval that would mitigate impacts expected to county roadways. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. The proposed expansion will not result in the destruction, loss or damage of the natural environment, and will meet applicable performance standards. RECOMMENDED MINOR SUBDIVISION FINDINGS. The process for review of subdivisions is established in City Code Section 103.00.070. While specific findings are not established in that ordinance, staff recommends the following findings: • That the Oak-Land Middle School Addition minor subdivision is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. • That the Oak-Land Middle School Addition minor subdivisions is consistent with the future development plans of the area and with the standards of the City’s Public Facilities zoning district. • That the Oak-Land Middle School Addition minor subdivision meets the requirements of the City’s minor subdivision regulations and specifically the requirements concerning exceptions to platting. RECOMMENDED VARIANCE FINDINGS. An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 105.12.320 before the City may grant an exception or modification to city code requirements. These criteria are listed below, along with comments from Staff about the applicability of these criteria to the applicant’s request. Staff recommends the following findings: 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “Practical difficulties” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Parcel Size: The use proposed by the Applicant is already established on the entire site which will be 37.04 acres as combined after required right of way dedication is removed. Combining the two parcels through a minor subdivision will provide necessary public right of way, clean up lot lines and legal descriptions, and allow the School site to meet applicable requirements for impervious surface and setbacks.