11/08/2006 P&Z Packet - Laserfiche WebLink

Home Search

Preliminary Plat Lots: The lots meet requirements for lot depth, lot width, and road frontage, but fall short of the 10,800 square feet of upland required for R -1 lots. Lot 1 is 166 square feet under the requirement and Lot 2 is 1,072 square feet under the requirement. This would result in a deviation of approximately 2% and 10% respectively. During staffs review of the application it was difficult to establish findings (as required by state law) to support such a reduction. • State law requires the following finings to be made in order to grant the approval of a variance. Staff has completed the findings in regards to the upland lot area reduction based on the revised submittal: FINDINGS In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. This parcel could easily be developed with one single family dwelling at this time. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The plight in this instance is the lack of enough upland to create two buildable lots, therefore the landowner is creating this situation by trying to divide a lot and create two lots that do not meet the minimum requirements of the zoning ordinance. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. This property could have a reasonable use of a building site for one single family dwelling. 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. This variance could easily set a precedent for future applicants to request reductions in upland area requirements. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the ordinance would clearly be violated by allowing a lot to be created with less buildable area than is required. ,Setbacks: The applicant is proposing to deviate from the 40 foot front setback required for principal buildings in the R -1 zone along collector or arterial roadways. Birch Street is a County State Aid Highway and therefore qualifies as an arterial roadway. They are now proposing 30 foot front setbacks for both of the new dwellings. Section 3 of the zoning ordinance allows the following: