Resolution 2012-14 Denying Lot Area and Width Variances to Allow Minor Subdivision at 5577 Lake Elmo Avenue

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reasonable use because the lot would not have been usable for a single family home without this additional area. 6) That the plight of the landowner is not due to circumstances unique to the property and was created by the landowner. Specific findings: a) That the applicant's property is not unique because the property is able to support a single family home, and because a large majority of parcels outside of'Open Space Preservation developments in the Rural Residential zoning district are larger than the lot owned by the applicant. The ability to find a suitable use for the areas outside of the immediate building location is not something that is unique to the applicant's site since the intent of the Rural Residential district is to promote the preservation of open space and rural character, and therefore, the uses and densities allowed in the district are intentionally limited: b) That the proposed lot was created by the land owner and met the minimum lot size requirements when it was subdivided. The land owner was able to build on the lot and has been able to use the property as a single family residential lot for over 30 years. 7) That the proposed variance will alter the essential character of the locality in which the property in question is located. Specific findings: a) That the applicant's property is located in a portion of the City that is guided for Rural Agricultural Density (RAD) development, which corresponds to the City's RR -Rural Residential Zoning District. This district requires a minimum lot size of 10 acres, and the applicant's request to create two lots of under 2.5 acres in size represents a substantial departure from the district requirements. Although there are existing nonconforming lots in the vicinity of the applicant's property, the continued subdivision of lots less than 10 acres will continue to alter the character of the area and create a denser, more urban environment in tin area that is not intended to be served by municipal water or sewer services. 8) That the proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question but will substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Specific findings: a) That the proposed variance will have a negative effect on adjacent properties and traffic because the proposed driveway to serve the new home would not comply with the City's access management policies and guidelines. In particular, new driveway accesses are discouraged along streets classified as Minor Arterials (such as Lake Elmo Avenue) at the traffic levels that are forecast for this road The proposed driveway would also fail to comply with the City's use of best management practices fir spacing guidelines, which include: