07/28/1997 Council Minutes (2) - Laserfiche WebLink

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• • COUNCIL MINUTES JULY 28, 1997 Ms. Wyland stated that the applicant would like to remove the existing dwelling and garage and provide for two building sites. Both sites meet the area requirements of the R-1 Zoning District. Lot 1 would be 15,750 square feet in area (105 x 150) and Lot 2 would be 16,750 square feet (approximately 124 x 133). The Zoning Ordinance provides a minimum lot area of 10,800 square feet with a lot width of 80 feet and depth of 135 feet (corner lots require 105 feet). Lot 1 meets the area, width and depth requirements. Lot 2 meets the area and width requirements but is 2 feet deficient in lot depth. This is due to the street right of way for Laurene Avenue being 83 feet in front of this lot. The standard street right of way is 60 feet. Lot 2 also contains a 33 -foot -wide UPA easement (for power poles) on the southern border of the site. this easement area may not be used for construction but it can be used for yard area. A home can still be constructed on the remaining 91 feet and meet all setback requirements. A variance for 2 feet in lot depth is required to allow Lot 2 to meet the minimum lot depth requirement. It would appear that the following criteria can be met to justify the granting of such a variance: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to circumstances unique to that property, not of his creation. 3. That the hardship is not due to economic considerations alone and a reasonable use for the property exists under the terms of the Ordinance. 4. 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. 5. That the proposed actions will not unreasonably diminish or impair established property values within the neighborhood. 6. That the proposed actions will be in keeping with the spirit and intent of the Ordinance. In lieu of granting a variance, an excessive amount of right of way exists on Laurene Avenue which will not be required for future street construction. In fact, this lot appears to be the only parcel where the additional right of way has been taken. An alternative to granting the variance would be to vacate a 17 -foot x 100 -foot strip of right of way and adding that land to Lot 2. The vacation of this portion of right of way would provide a more uniform setback line for Lots 1 and 2 and eliminate the 17 -foot jog in the property line. The City Engineer has no objections to this street vacation, discussion of which appears in a subsequent portion of these minutes. The subject property is currently zoned Rural. The Land Use Plan, however, indicates the site as single-family. A designation of R-1 would provide compatibility with the area to the north and west, which is R-1. The area immediately south is zoned Rural, but is nonconforming in that the lots are slightly larger than one acre in size. Should Council find this request acceptable, Staff recommends the following conditions of approval: 1. The City Engineer review and approve grading, drainage and utility plans for the two new lots. 2. Permits be obtained from Rice Creek Watershed District, if required. 3. One Park Dedication fee in the amount of $500 be collected prior to recording of the minor subdivision. This dedication would cover the newly created lot. 4. MUSA designation be provided to the property from the City's Interim MUSA Reserve. 5. A variance for 2 feet in lot depth be granted for Lot 2 or, in the alternative, the City grant the vacation of 17 feet of Laurene Avenue right of way and add it to Lot 2. 14