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CITY OF LAKE ELMO <br />WASHINGTON COUNTY, MINNESOTA <br />RESOLUTION NO. 2002 - 068 <br />46301 4: ILI VA W001 0 1112 1, V LTZ-11 • <br />A. WHEREAS, Patrick Kinney represents that he and/or his. company, PJK Realty, <br />Inc., is the record fee owner of the following described parcels (both herein the "Kinney <br />Property "): <br />Lot 7, Beau Haven which is zoned R -1 and contains approximately 19,000 square <br />feet; and <br />2. Outlot G, Eagle Point Creek Estates which is. zoned RE and contains <br />approximately 11,4000 square feet. <br />B. WHEREAS, Kinney has applied to the City of the bake Elmo for a minimum lot <br />size variance so that a residential dwelling could be constructed on the Kinney Property; and <br />C. WHEREAS, it appears that Outlot G, Eagle Point Creek Estates should have been <br />rezoned from RE to R -1 in 1995; and <br />D. WHEREAS, the minimum lot size requirements for property located in the R -I <br />zone are less restrictive than the minimum lot size requirements of property located in the RE <br />zone; and <br />E. WHEREAS, the City Planner has indicated that the City should treat the Kinney <br />Property as if it were all zoned R -1 fob purposes of reviewing this variance application thereby <br />applying the less restrictive lot size standard to all of the Kinney Property; and <br />F. WHEREAS, the Kinney Property is not served by municipal sanitary sewer; and <br />G. WHEREAS, the City's development regulations indicate that: <br />For property which is not served by municipal sanitary sewer, the minimum lot <br />size in an R -1 zone is I and %a acres (300.07 Subd. 4 C.2). <br />2. Substandard lots will be considered buildable if the area and width of the <br />substandard lot are at least 60% of the minimum requirements, and if it is <br />demonstrated that a safe and adequate sewage treatment system can be installed <br />(300.09 Subd. 1). <br />