05-14-2025 Council Packet - Laserfiche WebLink

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A core consideration of this request relates to the time and standards in which the properties were developed. 49 Old County Road C was constructed in 1984, and 50 County Road C East was developed in 2004. The City has record of the zoning code that was in effect in 2004 as well as the original permitting information for the home at 50 County Road C East. At the time, the City of Little Canada had different zoning standards than it does today. The rear setback requirement for a principal structure was only 30 feet (now 40) and there was no requirement for lot depth (now 130 feet). The properties both appear to have been developed to code, with no variances or special approvals required. Because of Code changes in 2021 that required a larger rear setback for R-1 properties, the rear setback for the principal structure on both 50 County Road C East and 49 Old County Road C are legally non-conforming, as neither meet nor exceed the 40-foot setback requirement. REQUEST OF THE CITY To shift the shared rear property line 8 feet to the south, the applicant needs to receive three approvals from the City Council. 1. A Minor Subdivision approval which is the formal mechanism/review the City must complete when an applicant seeks to adjust property lines or create 3 or fewer new lots. The applicant in this case is not proposing to create any new lots but simply modify a property line for two existing properties. As a result of shifting the property line 8 feet, two variances are required for 49 Old County Road C 2. A variance to allow the rear setback from the home (principal structure) to be 30 feet when 40 feet is required. 3. A variance to allow the lot depth to be 125.4 feet when 130 feet is required. CODE CRITERIA The applicant is requesting a minor subdivision boundary line adjustment and two variances. What is a Minor Subdivision Boundary Line Adjustment? A minor subdivision boundary line adjustment is the modification of one or more property lines. As a result of a boundary line adjustment, one lot typically increases in size and the other decreases. Subdivision is the division of land by platting, conveyance, registered land survey or other means into two or more lots, plats, sites or other divisions, any of which is less than five acres in area. The applicant has submitted all necessary paperwork for the minor subdivision boundary adjustment. What is a Variance? A variance is a formal exemption from the City’s zoning regulations. Because variances allow exceptions to local laws adopted by ordinance, they must be evaluated with a high level of scrutiny. To be granted a variance, an applicant must demonstrate that their request meets all of the criteria established in City Code. The City Council must adopt specific findings of fact to support its decision to approve or deny a variance request. If the Council agrees with City Staff’s recommendation, it may adopt the findings of fact as presented in the staff report. However, if the Council disagrees with the recommendation, it must provide alternative findings of fact that address the criteria where its interpretation differs. These findings of fact are critical because they establish the legal and policy basis for the decision. They also serve as precedent for evaluating future variance requests and help inform Staff, applicants, and future decision-makers about the intent behind each approval or denial.