05/28/1996 Council Packet - Laserfiche WebLink

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AGENDA ITEM t9B STAFF ORIGINATOR Mary Kay Wyland DATE May 20, 1996 TOPIC Duff Dorschner, 307 Lilac, Minor Subdivision/Variance This case involves a request for a minor subdivision and variance to allow the easterly 10' of Lot 1, Block 1, Behm's Century Farms 1st Addition to be split from that lot and added to Mr. Duff Dorschner's property at 307 Lilac, immediately to the east. The purpose for the subdivision is to allow Mr. Dorschner more maneuvering room to enter his existing garage at 307 Lilac, the garage faces due west. Should the subdivision be approved, a variance would be necessary in order to allow Lot 1, Block 1 to be 125' in lot depth. The Zoning Ordinance requires a minimum depth of 135'. No variance would be needed for lot area as the reduced parcel size would be 13,625 square feet, 10,800 square feet is required by the Zoning Ordinance. Both properties are Zone R-1 Single Family Residential and indicated as single family in the Comprehensive Plan. Mr. Dorchner's property is currently 165 feet wide and 600 feet deep. When the dwelling was originally constructed, in 1982, the City did not require a lot survey and apparently this home was constructed too close to the westerly property line considering the garage orientation. Two driveways have been serving the site for several years with the westerly driveway encroaching on the Behm's property. Access to the existing attached garage is from the westerly driveway. Additionally, Mr. Dorchner has reconstructed a fence which was also over the property line. To eliminate this access problem, Mr. Gary Uhde, the developer of Behm's Century Farms, has agreed to sell Mr. Dorchner 10' of Lot 1, Block 1 subject to City Approval. This would allow the fence to remain and Mr. Dorchner to maintain access to his garage. As an alternative, Mr. Uhde has offered to provide a temporary easement over Lot 1, Block 1 to allow time to reorient the garage entrance to the front of the home. This would require an addition to the existing garage and possibly the living area over the garage. Mr. Dorchner is not in a position, at this time, to facilitate this construction and would prefer the subdivision route. In considering the variance, the City must make a finding of fact: A. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. As it exists, the garage will be difficult to enter without the additional 10' provided with this subdivision. However, an easement would allow the same access. B. That the plight of the landowners is due to circumstances unique to his property not created by the