01/22/2003 P&Z Minutes - Laserfiche WebLink

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Planning & Zoning Board January 22, 2003 Page 8 APPROVED MINUTES 1X, Single Family Executive District lot requi rements by extending a cul-de-sac into the property from the west. Staff indicated approval of the proposed minor subdivision will require the City to approve four variances from City Code requi rements with regard to minimum lot size, minimum lot width, frontage on a publicly dedi cated road and finally allowance of a private street. Staff noted variances from the literal provisions of the ordinance may be granted in instances where their stri ct enforcement would cause undue hardship because of circumstances unique to the indivi dual property under consideration. Staff stated in considering all requests for variance 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 du e to physical circumstances unique to his property not created by the landowner. 3.That the hardship is not due to ec onomic considerations alone and when a reasonable use for the property exists under the terms of the Ordinance. 4.That granting the variance request 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 ke eping with the spirit and intent of the Ordinance. Staff stated following review of the applicant’s request, it is difficult for staff to justify granting of the necessary variances when the above-enumerated criteria are applied. Staff stated with regards to the lot size and lot width variances staff agrees that there may be physical circumstances due to existing wetlands on the site that would warrant a deviation from typical standards. Additio nally, the proposed subdivision would maintain the same rural density of four units per fo rty acres that is esta blished by the 10 acres minimum lot requirement. However, it is staff’s opinion that these issues are more adequately addressed through the Pl anned Development Overlay process. Staff indicated there appears to be no suitable reason to allow variances for public road frontage and the improvement of said road to City standards outside of the Planned Development Overlay process. Staff stated the intent of the PDO Distri ct is to permit greater flexibility and, consequently, more creative and imaginative design of the developm ent of residential, commercial or industrial areas than are ge nerally possible under conventional zoning