02-08-2023 Council Packet - Laserfiche WebLink

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KEY AREAS OF DISCUSSION AND REVIEW: The proposed process for the applicant is to have the Preliminary Plat and Variance reviewed by the Planning Commission which will send a recommendation to the City Council. The City Council will then conduct a public hearing. If the Preliminary Plat and Variance is approved, the applicant can then apply for the Final Plat and Variance and attend a Planning Commission for their recommendation prior to final approval from the City Council. This development proposal will be seen in two phases, one for the Preliminary Plat and one for the Final Plat. For this process, a public hearing is required at the City Council meetings. Letters of notification are mailed to residents within 350 feet of the site and the notice is published in the Pioneer Press. With the previous application, the neighborhood was noticed three separate times and the Commission and Council received public participation at both the Planning Commission and City Council meetings. Proposal • To subdivide the parcel into seven lots creating seven new homes. 1. Revised development proposal with public road & 7 parcels (Variance for 8-foot reduction of Lot Depth from 130 feet to 122 feet) Variance Request (with Public Street) • The site plan with the public street shows a lot depth of the four western parcels of 122 feet, which is 8 feet less than the standard. • The request is for 122 feet in lot depth length (130 feet requirement), leaving a Variance request of 8 feet for four of the seven lots. • The proposal meets the requirements of the zoning code, except for one area of Lot Depth. There is a brand-new standard (with the Zoning Code update in 2020, that requires lots to be 130 feet in length, this has not been the requirement before 2020, there was not one in place). The request is for 122 feet in length, leaving a Variance request of 8 feet. Practical Difficulties: 1. The property owner proposes to use the property in a reasonable manner permitted by this ordinance; 2. The plight of the land owner is due to circumstances unique to the property not created by the landowner; 3. The variance will maintain the essential character of the locality. 4. Economic considerations alone shall not constitute a sufficient basis for a Variance if reasonable use for the property exists under the regulation. Findings: • The variance process is intended to provide limited relief from the strict requirements of the ordinance in those cases where the reasonable conditions of a particular requirement will create practical difficulties because of circumstances unique to the property. Variances are intended to address extraordinary, exceptional or unique situations that were not caused by the applicant’s act or omission. • The property is found to be unique due to the floodplain location on the north end of the site, requirements of stormwater that occupy a large portion of the site which is then