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CITY OF LAKE ELMO <br />WASHINGTON COUNTY, MINNESOTA <br />RESOLUTION NO. 2002-036 <br />A RESOLUTION DENYING THE ZONING VARIANCE REQUEST <br />OF DANIEL RUDE <br />WHEREAS, the Lake Elmo Planning Commission, at its March 11, 2002 <br />meeting, reviewed and heard testimony regarding the application of Daniel. Rude to vary <br />from the R -1 Zoning Requirements of the Lake Elmo Municipal Code to construct a new <br />residence on a 24,032 square foot non - sewered parcel on Kraft Circle, that is legally <br />described as: <br />Part of Lot 7 being S 100 feet of Easterly 120.16 feet of Westerly <br />240.32 feet First Rearrangement Lot 3; and, the South 100 feet of <br />the West 60.08 feet of Lot 7, First rearrangement of Lot 3, Block 3, <br />Lake Elmo Park; and the South 100 feet of the East 60.08 feet of <br />the West 120.16 feet of Lot 7, First Rearrangement of Lot 3, Block 3, <br />Lake Elmo Park. <br />WHEREAS, the Planning Commission recommended denial of the application of <br />Daniel Rude for variances to Section 300.07 Subd. 4C3 (R -1 Minimum Lot Area); <br />Section 300.09 Subd. 2 (Contiguous Parcel Ownership); and, Section 300.09 Subd. 8 <br />(Minimum Sewage Treatment Area) based on the following findings: <br />1. The requested variance does not exhibit extraordinary or exceptional <br />circumstances which do not apply generally to other properties in the R -1 <br />zone or vicinity of the site. A significant number of vacant tax parcels, zoned <br />R -1 and of a similar parcel area exist within the platted area of the Old <br />Village. <br />2. The granting of the variance will confer on the applicant a special privilege <br />that is denied by standards of the Zoning Ordinance to other owners of land <br />under similar circumstances within the R -1 district. Numerous vacant tax <br />parcels of similar area are denied the privilege to construct a residence that <br />would be conferred on the applicant by approval of the variance. <br />3. The granting of the variance would be materially detrimental to the purposes <br />of the Zoning Ordinance by establishing significantly reduced standard for <br />unsewered R -1 lot area. Granting of the variance request would nearly triple <br />the land use intensity from that assumed by the Zoning Ordinance for <br />unsewered parcels. <br />4. The hardship claimed by the applicant is economic alone. <br />