07-10-2017 Council Packet - Laserfiche WebLink

Home Search

2 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of Chapter 302 Street Construction Standards ordinance is to establish standards to encourage well planned and efficient streets by establishing standards for design and construction. The reduced right-of-way is harmonious with ordinance intent by continuing to provide well planned and efficient streets. The general purpose and intent of the R-1, Single Family Residential District is to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. The reduced street setback from 40 feet to 30 feet provides for the construction of single family homes in a residential atmosphere. 2. The variance shall be consistent with the comprehensive plan. Both variance requests are consistent with the comprehensive plan. The subject site is guided for low density residential development and the proposed 6 lot residential development is consistent in regards to land use and density. 3. There shall be practical difficulties in complying with the ordinance. “Practical difficulties,” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. There are practical difficulties in dedicating a full 40 feet of right-of-way and requiring a 40 foot street setback. The stormwater in this development is being managed through an infiltration basin and pond in the rear yards resulting in drainage and utility easements varying in width from 25 feet to 70 feet. Standards rear yards easements are 10 feet. All of the lots meet area and width requirements but the wider easements reduce the buildable rear yards. By not requiring the additional 7 feet of right-of-way and allowing the 10 foot street setback variance, the rear yards gain an additional 17 feet. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is due to circumstances unique to the property and was not created by the landowner. The developer is proposing to subdivide an existing lot of record platted in 1949. 5. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. The adjacent properties are residential houses. The White Pine Road right-of-way west of the subject site to Baldwin Lake Road is only 60 feet and this area is fully developed. The front setbacks in the area (with the exception of 6201 Laurene Avenue) are 30 feet.