10/08/2003 P&Z Packet - Laserfiche WebLink

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• Lakeview Estates page 3 Preliminary Plat Lots, Variances: As proposed, the lots will be 124+ feet in depth. The minimum lot depth in an R -1 zone is 135 feet. The lot widths exceed the 80 ft. minimum requirement, and the lot areas exceed the minimum of 10,800 sf. Because of the size of the existing property, it is impossible to meet the 135' depth if new lots are to be created. In considering a request for a variance, the following findings should be applicable: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. d. 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. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The existing home is on an individual septic system. The City has no record that the original system installed in the 1950s has ever been replaced. Sewer and water are available in Elm St. It is in the public interest to connect existing homes on old septic systems to city sewer whenever feasible. The site is in the MUSA, it is in a Stage 1 growth area, public sewer service is available, and the public sewer is a better option for public health and welfare. The costs of the utilities are very high for a property the size of the existing lot. Additional lots contribute to supporting the costs of the new utilities. It is unreasonable to mandate that the homeowner spend the money to install a new drainfield when public utilities are available. The property size is a physical circumstance that exists since the area was initially platted in 1949. The option of subdividing is available to other properties with road frontage. The site is zoned R -1 and the purpose statement for the R -1 zone states that the zone is "intended for development of single family detached homes on lots served with public sewer and water." Streets and Driveways: No additional roads are being proposed. The existing road system can accommodate the traffic generated by the two new homes. Two driveway issues are worth noting. First, the existing driveway and garage for Lot 1 will be removed. The new lot line will run through it. It is possible that a shared driveway would be a workable option. If a shared driveway is not utilized, a new driveway must be built for Lot 1 that meets the setback requirements.