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8 SUBDIVISION FINDINGS. The process for review of subdivisions is established in Title 103 of City Code. To approve a Preliminary Plat, the City shall make the determination that the project does not meet the findings for denial established in code section 103.00.090(d)(2) as follows: a. That the proposed subdivision is in conflict with the city's comprehensive plan, development code, capital improvements program, or other policy or regulation. b. That the physical characteristics of the site, including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention, are such that the site is not suitable for the type or intensity of development or use contemplated. c. That the design of the subdivision or the proposed improvements are likely to cause substantial and irreversible environmental damage. d. That the design of the subdivision or the type of improvements will be detrimental to the health, safety, or general welfare of the public. e. That the design of the subdivision or the type of improvement will conflict with easements on record or with easements established by judgment of a court. f. That the subdivision is premature as determined by the standards of this title. 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 will be on a property of 47.59 acres less required right of way dedication. The lot area variance is needed due to the desire to locate uses on site outside of the buffer established around the Oakdale Gun Club property, and the need to locate accesses at acceptable distances from the intersection of CSAHs 10 & 17. Buffer: The northern driveway access to Lake Elmo Avenue is proposed with a distance of approximately 38 feet from the northern lot line. Due to the requirement to meet access spacing requirements intended to protect public safety, the access should not be moved any further south. In the proposed location of the drive is approximately 400 feet away from the residence to the north. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Parcel Size: The Applicant is not proposing to expand the area of the property. The existing conditions on site were not created by the Applicant.