03/14/2001 P&Z Packet - Laserfiche WebLink

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• Boschee Variance page 2 Normally, the right of way is the same as the property line. In this case, there is a park trail strip along the side of Lot 8, on 12th Ave. The trail strip is owned by the City, so the property line is the edge of the trail corridor. The side yard setback is measured from that. This poses no conflict with the proposed house plan. The standard 40 ft. building setback from a collector street also applies because 12th Avenue is a collector street. The setback from the road, which applies to all buildings, is measured from the edge of the right of way. The trail strip is 15 ft., and the proposed garage is shown 13.5 ft. from that, for a total setback from the road of 28.5 ft. This encroaches into the required setback by 11.5 ft. (40 — 28.5 = 11.5). Lot 8 does include some unusual elements. The lot is rather narrow at its front line. As noted, the trail corridor exists along 12th Ave., which reduces the lot width from what it would be without the trail. There is a drainage and utility easement covering a large portion in the northeast corner of the lot. In addition, there is an extra 30 feet covered by a wetland conservation buffer easement which further reduces the buildable area of the lot. Moving the house toward the back of the lot would leave very little backyard. Mr. Boschee's letter states that the problem arises due to a larger setback on a corner lot. It would be more accurate to state that the street setback is greater than the side yard setback, which results in a de facto larger setback on a corner lot, though it is not listed as a "corner -lot setback." During the review of the plat in 1999, City staff and the developer discussed the building pads for the lots. The building pad location on Lot 8 of the approved preliminary plat and associated grading plan meets the 40 ft. road setback. Nothing has changed between the time of plat approval and the house design. No additional requirements have been added, nor are there any hidden requirements. All easements are recorded with the property and show up on a survey. The house pad location is a standard element of plat approvals. The setback requirements have not changed in the past two years. Findings for Variance 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 due to physical circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance.