Resolution 2002-068 - Laserfiche WebLink

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If two or more non-contiguous parcels are owned by the same person, the parcels must be combined to meet the minimum requirements (300.09 Subd. 2). 4. If public sewer is not available and not anticipated, single family home sites must have a one acre on-site sewage treatment area; and H. WHEREAS, the Kinney Property-, Has 30,400 square feet; 2. Has a lot size which is only 48% of the minimum lot size requirement for property in R- I zones; Had been owned by the adjacent property owner who sold the property to Kinney; 4. Has less than one acre which can be utilized for an on-site sewage treatment area; and I. WHEREAS, a portion of the Kinney Property is located within the 940 flood plain, and all of the Kinney Property is located within 300 feet of the shore line of Eagle Point Creek; and J. WHEREAS, it has not been demonstrated that a residential building could be constructed in full compliance with all of the City's other zoning and flood plain regulations; and K. WHEREAS, on May 29, 2002, the Lake Elmo Planning Commission, by a 4 to 3 vote, recommended approval of the variance; L. WHEREAS, on June 18, 2002, the Lake Elmo City Council considered the recommendations of the City Planner, the comments of the applicant and residents who appeared at the meeting, the recommendations of the Planning Commission and directed the City staff to prepare a resolution denying the application for a variance to be considered on July 16, 2002; and M. WHEREAS, Patrick Kinney has twenty-three (23) years of real estate experience; did not review the City's regulations prior to purchasing the Kinney Property; did not apply for a variance prior to purchasing the Kinney Property; and did not purchase the Kinney Property contingent upon the granting of the variance by the City. NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council hereby denies the Kinney application for a minimum lot size variance and makes the following findings: -2-