03-09-2023 Planning Commission Packet

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o Changes to site plan reviewed and recommended going forward with the application process • January 26th, 2023 – Planning Commission recommends approval for the Preliminary Plat and Variance. • February 8, 2023 – City Council approves the Preliminary Plat and Variance. KEY AREAS OF DISCUSSION AND REVIEW: 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 unbuildable, and topography and slopes of the site that make the layout of the site in a particular way to avoid steep slopes. • The property is found to be of a unique situation that was not caused by the applicant’s act or omission.