07-10-2014 Planning Comm. Agenda

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Variance. Without the subdivision, the applicant would need to remove the existing trees. The subdivision would be a preferable result, in the opinion of staff. What would otherwise be a simple division raises a lot width issue due to the 150 foot lot width requirement in the I -P District. Parcel B currently is 141 feet in width along Centerville Road, and about 39,850 square feet in area. Adding 10 feet of width would make it a conforming parcel in both width and lot area to the I -P standards. However, removing that 10 feet from Parcel A would result in a lot that is one foot short of the lot width requirement. Parcel A would continue to contain more than the minimum square footage at about 41,600 square feet after the subdivision. The proposed variance is intended to permit the creation of a lot that is less than the minimum lot width requirement. The zoning ordinance sets a standard for reviewing variance requests that is summarized as a requirement that (1) the applicant's proposed project is a reasonable one in when examined in the context of the intent of the code and the conditions in the neighborhood, and (2) that there are practical difficulties unique to the property that interfere with establishing the proposed reasonable use. In this case, the applicant is proposing to use the property consistent with the zoning ordinance. Moreover, while the subdivision would result in the existing Parcel A becoming slightly substandard, the proposal simultaneously makes Parcel B a conforming lot. Thus, the "non -conformity" shifts from Parcel B to Parcel A, but is diminished to just one foot. In addition, there are unique conditions present. While the applicant could remove the trees and build on the current parcel, this would be inconsistent with the zoning ordinance's interest in preserving existing vegetation, and eliminate an effective landscape screen between the new building and Allen Avenue traffic, which is largely residential in nature. The subdivision as proposed reduces the overall non -conforming conditions between the two parcels, and retains the existing tree plantings, all of which are consistent with the objectives of the zoning ordinance. Summary and Recommendation Planning staff recommends approval of both the subdivision and the variance for lot width. As noted, the subdivision accommodates the construction of a new industrial building that is otherwise consistent with the zoning regulations, and the variance permits the shifting of the building to preserve an extensive tree planting that enhances the neighborhood. pc: Kathy Glanzer Steve Westerhaus Lee Elfering Joe Peters