01/24/2000 Council Packet - Laserfiche WebLink

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• this division will not create a parcel 10 acres in size, it will provide a larger parcel than currently exists which is more in keeping with the intent of the ordinance. • • Granting approval to the minor subdivision will require approval of a variance for lot size. We believe this is a unique situation not created by the property owner that would fit the variance criteria listed below. Findings of Fact. In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic consideration alone and when a reasonable use for the property exists under the terms of the ordinance. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance In response to the criteria above we would comment that this minor subdivision would create a lot for the existing home that is the same size as the adjoining properties and would bring the vacant parcel in closer compliance to the existing provisions of the ordinance. The current lot configuration was created at a time when the minimum lot size was something less than 10 acres. That situation is unique in relation to today's requirements. The hardship arises from the lot configuration and unavailability of utilities. No special privilege is being extended, this item was reviewed on a stand alone basis and determined unique to the property in question. The spirit and intent of the ordinance is to allow existing homes, construction prior to 1994, to subdivide down to 1 acre and allow for future redevelopment in an appropriate manner. For Council information, the applicant has had a septic designer inspect the property and determined an alternate site for a system should the existing one fail. The Planning and Zoning Board recommended approval of this minor subdivision and variance on a 7/0 vote at their January 12, 2000 meeting with the following conditions: 1. The applicant provide a current survey of the two new parcels. The lot containing the dwelling shall be one acre in size with 227' of lot frontage and configured as indicated on sketch B which is attached. The vacant parcel shall be combined into one 4+ acre parcel. 2. The applicant shall provide documentation that there is an alternate site for a septic system on the existing homesite should the existing system fail. 3. Park Dedication shall be required for any new construction on the larger parcel per the Subdivision Ordinance.