2004-051 Council Resolution - Laserfiche WebLink

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Houle/DeHaven page 2 for areas outside of the staged growth areas, but is specifically prohibited within staged growth areas. The other Rural zone option, a one -acre lot, applies only where a habitable single family home existed prior to 1992. The building permit for the existing house was issued in 1998. The property was 40 acres at that time. In 2000, the City Council approved a minor subdivision to split the 40 acres into the present two parcels of 15 and 25 acres. Growth Management: As shown on the attached table, the City has reached its quota for new lots for year 2004. Other applications listed for year 2005 all are within the staged 1 growth area (pre - 2010). Several are within the existing MUSA. Creating another lot would exceed even the 20% flexibility for 2004. Variance 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. The site is being used for a single family home. Under the current comprehensive plan, the site will be eligible for development and MUSA year 2010. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. The lot was created in year 2000, the result of splitting 40 acres into 15 acres and 25 acres. The site is rectangular and developable in the time frame laid out by the comprehensive plan. . That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. It appears that economic considerations are the driving force behind the application. 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. Granting this variance would be granting special privilege that is not available to others. . That the proposed actions will be in keeping with the spirit and intent of the ordinance. The Rural district purposes include the following: