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FINDING OF FACT AND MOTION <br />re: Tom Holker Variance Request <br /> <br />1. That the applicant appeared before the planning and zoning commission <br />on May 1, 1978, to request a variance to subdivide the following described <br />property: <br /> <br />The West 60 acres of the East half of the NE¼ of Section <br />3, Township 32, Range 25 Anoka County, Mn. EXCEPT the <br />east 658.05 feet of the west 60 acres of said east ½ of <br />the NE¼. <br /> <br />into a 7.5 acre parcel and a 12.5 acre parcel. <br /> <br />2. The Planning and Zoning commission reccommended permission for the <br />proposed subdivision contigent on payment of the appropriate park fee. <br />The Planning & Zoning commission presented the City-Council With~_no reasons <br />or findings as to why the subdivision was permitted. <br /> <br />3. On May 8, 1978 the City Council denied the subdivision "because of the <br />long driveway (required' for the back parcel) and the need for adequate. <br />fire protection for the house (on the back parcel) if it is built." <br /> <br />4. On September 25, 1978 the applicant appeared with his attorney requesting <br />the City Council to reconsider its May 8, 1978 action. Applicants attorney <br />also sent a letter ot the City Attorney outlining his clients position in <br />the matter. That letter is dated September 20, 1978, and was read to the <br />City Council and is a part of the City's file. <br /> <br />5. That to frant the subdivision~variance as requested would then-require <br />either a private driveway or a public roadway for access~purposes:tolthe'- <br />back parcel in excess of 1000 ft.. <br /> <br />6. The City's ordinances do not permit a building permit to be issued <br />unless the subject property fronts on a public street. The Council finds <br />that the reason for this requirement is to insure that every residence in <br />the City is accessible to essential public services such as police and fire <br />protection. The Council finds that a 1000 ft private driveway does not <br />provide adequate assurance of good and adequate access to dwelling~ <br /> <br />7. If a public roadway were constructed instead of a private driveway <br />in order to provide access to the back parcel, this public roadway would <br />also have to be in excess of 1000 ft with the use of a cul de sac. The <br />Council finds that a new roadway would only service one residence with the <br />prospect of the roadway connecting with another roadway in the future very <br />minimal. <br /> <br />8. The Council finds that to accept a 1000 ft roadway as a city street <br />with the resultant requirement of maintenance, which 1000 ft roadway will <br />service only one residence, and which roadway will probably never hookup <br />with another in the future, 'is not in the economic best interests of the <br />City and such an action would adversely affect the City's health and welfare. <br /> <br /> <br />