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03-25-1992 Council Agenda
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03-25-1992 Council Agenda
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below that allowed in R -1 District because most existing <br />lots in the vicinity exceed minimum lot size requirements. <br />Cons <br />1. The existing lot and house are currently conforming to all <br />standards. There are no unique conditions which would <br />deprive applicant of continued use of his property. <br />2. All subdivisions are to conform to minimum requirements of <br />both subdivision and zoning ordinances. The City has not <br />imposed any new requirements which deprive applicant <br />continued use of his property. <br />3. Most other lots in close vicinity are approximately 100 feet <br />wide. Only two other lots in area which appear to be <br />subdividable without variances. <br />4. City may set a precedence in allowing subdivision into non- <br />conforming lots which would jeopardize the integrity of the <br />zoning ordinance and comprehensive plan. Other developers <br />may develop subdivisions with lot sizes large enough to <br />allow a marginal subdivision which would allow a non- <br />conforming lot to be created. <br />5. Could be detrimental to other properties in that a marginal <br />lot split is granted so other properties should be given <br />same considerations even though they are clearly too narrow <br />for any future lot split. <br />7. No apparent unique physical factors of land which would not <br />allow a conforming lot split by reconfiguring division line. <br />Again, only potential hardship which exists is that <br />applicant was assessed for two sewer hook up charges and may <br />not be allowed to use second hook up. <br />This report is intended to provide the City with some guidance as <br />it makes its decision. <br />If this variance were approved, it could be based on the <br />rationale that the lot split does not create any non - conforming <br />setbacks with the existing house, the new lot is in conformance <br />with all lot size requirements and that the only non- conformity <br />created is a non - conforming lot width on the lot with the <br />existing house. <br />The basic principal for granting a variance is that there exists <br />a unique situation or circumstance to that particular site which <br />justifies a variation from the ordinance requirements. This lot <br />split situation could certainly be argued in other parts of the <br />City with similar situations. Even assessments for City <br />improvements which later cannot be benefitted from due to zoning <br />3 <br />Page 21 <br />
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