2007-001 Council Resolution - 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. Revised plans submitted by the applicant depict Lot 1 being 166 square feet under the requirement and Lot 2 at 672 square feet under the requirement. This would result in a deviation of approximately 1.5% and 6.3% 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. 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 minor deviation from the strict enforcement of the standards would allow two lots to be built. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The lots being proposed are nearly three times the minimum lot size of 10, 800 square feet. The plight of the landowner is due to the nearly seventy five percent of the land that is covered by wetland area. 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 still be developed with a single family dwelling, a minor deviation from the strict enforcement of the standards would allow two lots to be built. 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 from the strict enforcement of the standards 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 proposed lots greatly exceed the lot area requirements, therefore the spirit and intent of the ordinance will not be violated by a minor deviation in the upland lot area.