Resolution 2009-003 - Laserfiche WebLink

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4) That the Variance will be located on property legally described as Lot 3, Block 1, J.L. Cohn Subdivision, Washington Co., Minnesota. 5) The proposed lot line adjustment cannot be established under the conditions allowed by the city's zoning regulations and no other reasonable alternative use exists. The two affected property owners have assumed the line between their two properties was located in an incorrect location. Previous property owners had made property improvements based on the incorrect lot line location. There does not appear to be any other options for re- aligning the shared property line in a way that would eliminate the need for a variance. 6) The plight of the landowner is due to the physical conditions unique to the land and are not applicable to other lands, structures, or buildings in the same zoning district. The site is unique. The difference in elevation between the homes, the necessary maintenance of the built retaining walls, and the maintenance of the drainage way to prevent erosion problems make this a unique situation. The lot line adjustment would provide legal access for the southerly property to continue the maintenance of this area. i) The unique conditions of the site were not caused or accepted by the landowner after the effective date of the city's zoning regulations. The subdivision creating the two affected lots was approved before the City's current zoning regulations were adopted. Although the lot sizes would have been conforming to the minimum lot size at some point in the past, the two lots are now significantly smaller than the minimum 1.5 acres required in an R -1 zone and Shoreland District. Based on the foregoing, the Applicants' application for a Variance is granted. Passed and duly adopted this 20th day of January 2009 by the City Council of the Lily � t ke Elmo, Minnesota.° o can A. Johnston, Mayo