08/14/2002 P&Z Packet - Laserfiche WebLink

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Planning & Zoning Board Lindahl Minor Subdivision & Variance August 14, 2002 1.) That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Comment: The property has been, and currently is, being put to reasonable use. The applicant is simply asking for a further intensification of use. 2.) That the plight of the landowners is due to physical circumstances unique to his property, not created by the land owner. Comment: The landowner is asking for a further subdivision of his land, which he was advised "would probably not be recommended" when he first purchased his property. 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. Comment: there is no hardship demonstrated or apparent; rather the proposed lots simply do not meet the minimum lot requirements for property in a Rural zone. 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. Comment: Granting a Variance without the demonstration of hardship or unique circumstances would confer upon the applicant special privilege. 5.) That the proposed actions will be in keeping with the spirit and intent of the ordinance. Comment: The proposed action would not be in keeping with the spirit and intent of the Ordinance, as Variances are to be granted only in cases where hardship /unique physical circumstances are present. CONCLUSION The proposed Minor Subdivision would result in two lots: Tract B would have a width of 155 feet, thus not meeting the minimum lot width requirement of 330' for property in a Rural zone, nor the requirement of full frontage on a road; Tract A would have 330' of width and road frontage, but it would not be contiguous width or frontage. As a result, staff cannot recommend approval of the Minor Subdivision. As there are no hardship issues or unique circumstances apparent on the property, staff 40 cannot recommend approval of a Variance from the lot width requirements.