01/24/2000 Council Minutes - Laserfiche WebLink

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• COUNCIL MINUTES JANUARY 24, 2000 leading to the multi -family designation on the draft comprehensive plan. No action has been taken on this utility extension and that anticipated sale fell through. It would be cost prohibitive to extend utilities to this property without a substantial redevelopment of the site. The Zoning Ordinance provides "Habitable single family homes constructed prior to July 13, 1992, may reduce their lot size to a minimum of one (1) acre if the balance of the property results in a parcel of 10 acres, or is serviced by public sewer...". Although this division will not create a parcel 10 acres in size, it will provide a larger parcel than currently exists which is more in keeping with the intent of the ordinance. Granting approval to the minor subdivision will require approval of a variance for lot size. Staff believes this is a unique situation not created by the property owner that will fit the variance criteria listed below. In considering all requests for a variance or appeal and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a e if used under conditions allowed by the official controls. 2. That the plight of the landowners is ysi ircumstances unique to his property not created by the landow 3. That the hardship is no reasonable use for the pro der the terms of the ordinance. consideration alone and when a 4. That granti special privileg buildings i ce A=' quested will not confer on the applicant any denied by this ordinance to other lands, structures, or 5. That p `s posed actions will be in keeping with the spirit and intent of the ordinance. In response to the criteria above, staff commented that this minor subdivision would create a lot for the existing home that is the same size as the adjoining properties and would bring the vacant parcel closer compliance to the existing provisions of the ordinance. The current lot configuration was created at a time when the minimum lot size was something less than 10 acres. That situation is unique in relation to today's requirements. The hardship arises from the lot configuration and unavailability of utilities. No special privilege is being extended, this item was reviewed on a stand along basis and determined unique to the property in question. The spirit and intent of the ordinance is to allow existing homes, construction prior to 1994, to subdivide down to 1 acre and allow for future redevelopment in an appropriate manner. Staff also noted, the applicant has had a septic designer inspect the property and determined an alternate site for a system should the existing one fail.