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Little Canada /Leibel Development Proposal <br />Page Two <br />Due to the unique situation of the proposed lot and the caution <br />which we believe must be exercised in its development, we <br />believe that a condition of a variance approval should be <br />the Planning commission's and City Council's approval of the <br />site plan prior to the issuing of a building permit. <br />The primary consideration, in this matter presently before <br />the City is a variance to the street lot width frontage requirement. <br />The ordinance requires a 75 foot ,frontage.but due to past <br />subdivision approvals, only a thirty foot frontage is possible. <br />Note should be made that the proposed thirty foot frontage <br />will allow the adjoining parcel, 128 Twin Lake Boulevard to <br />remain conforming in its frontage. While this situation is <br />less than desirable, it appears to be the only feasible means <br />to facilitate the development of the property in question. <br />Additionally, note should be made that former proposals in. <br />volved this thirty foot strip as a possible public street. <br />This situation was again a compromise proposal due to frontage <br />constraints as a public street requires a 50 foot right -of- <br />way. In this regard, having this thirty foot strip serving <br />as a private driveway, accessing only one house, appears to <br />be preferable to having several properties served as well <br />as avoiding the major construction cost burden to be spread <br />over a limited number of parcels. <br />With regard to this frontage variance request by Mr. Leibel, - <br />should the lot configuration be found acceptable, justification, <br />per ordinance criteria does exist for approval. The ordinance <br />provisions governing this request are as follows: <br />A variance from the terms of this Ordinance shall not be <br />granted unless it can be demonstrated that: <br />a. Special conditions and circumstances exist which are <br />peculiar to the land, structure, or building involved. <br />(1) Special conditions may include exceptional topographic <br />or water conditions or, in the case of an existing <br />lot or parcel of record, narrowness, shallowness, <br />insufficient area or shape of the property. <br />(2) Special conditions and circumstances may not be <br />primarily economic in nature. <br />b. Literal interpretation of the provisions of this Ordinance <br />would deprive the applicant of rights commonly enjoyed <br />by other properties in the same district under the terms <br />of this Ordinance. <br />c. The special conditions and circumstances do not result <br />from the actions of the applicant. <br />Page 47 <br />Page 35 <br />