12/13/2006 P&Z Packet - Laserfiche WebLink

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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 1.5% and 9.5% respectively. 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. With the upland lot area requirements of the zoning ordinance this parcel would only be able to be developed with one single family dwelling. A parcel of this size could normally be developed with multiple homes if it wasn't for the wetlands that occupy the majority of the site. While it could still be developed with a single family dwelling, a deviation of less than six percent from the strict enforcement of the ordinance is minor reduction. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. Other land in the same district is required to meet minimum lot sizes of 10, 800 square feet. In this instance the lots being created are nearly three times that size. The plight of the landowner is due to the nearly seventy five percent of the land that is covered by wetland area. Because of this the applicant is requesting to reduce the upland lot area requirements by less than six percent. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. Other land in the same district is required to meet minimum lot sizes of 10, 800 square feet. In this instance the lots being created are nearly three times that size. While the site could easily be used for one single family dwelling, the reduction of upland lot area of less than six percent is considered minor and reasonable. 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. Other land in the same district is required to meet minimum lot sizes of 10, 800 square feet. In this instance the lots being created are nearly three times that size. A minor deviation of less than six percent will not give the applicant any special privilege. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The lots proposed will exceed the lot area requirements nearly three times over, therefore the spirit and intent of the ordinance will not be violated by a minor deviation in the upland lot area of less than six percent.