07/08/2009 P&Z Packet - Laserfiche WebLink

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Xcel Energy Variance, page 2 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. These parcels are completely surrounded by adjoining private property; and would not be able to be developed as usable parcels due to the sizes or lack of road frontage. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The physical shape, location and isolated nature of the parcels prevent most private uses. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. Economic considerations are not a major factor in this proposal, the intent is to minimize the applicant's holdings and center an easement directly over the existing transmission lines. 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. There are very few other situations that can be compared to this one. Land locked parcels owned and operated almost exclusively for utility purposes would receive the same consideration. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Combining these properties with the adjacent landowner's parcels will in no way violate the spirit and intent of the zoning ordinance. RECOMMENDATION Staff recommends approval of the request subject to the following conditions: 1. The properties must be divided through the minor subdivision process. 2. When ownership of these properties changes hands the new owner(s) are required to combine them with adjacent parcels to avoid creating a new parcel. ATTACHMENTS I. Area map 2. Parcel sketch and legal descriptions •