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2003-141 Council Resolution
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2003-141 Council Resolution
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City Council
Council Document Type
Resolutions
Meeting Date
09/08/2003
Council Meeting Type
Regular
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• Crystal Cove <br /> page 5 <br /> Lot Depth: All three proposed lots have less than the required minimum lot depth of 135 ft. <br /> This is due to the irregular shape of the original Highland Meadows East property: the southern <br /> line of Outlot B is not parallel with Lot 1, Block 2, the lot bordering the west side of the plat. A <br /> variance for lot depths is unavoidable if the property is to subdivide because dividing the <br /> property requires the new lots to front on 79t'St. <br /> Lot Width: On the Crystal Cove plat, Lot 2 is approximately five feet short of the minimum <br /> lot width. The review for the Planning & Zoning Board discussed decreasing the width of Lot 1 <br /> in an attempt to increase the width of Lot 2. This was examined by the developer. Decreasing <br /> the width of Lot 1 down to 80' would reduce its area below 10,800 sf because it is not a <br /> rectangular lot. In order to keep two of the lots at the minimum area, it is necessary that Lot 2 is <br /> smaller than the minimum. This is all caused by the irregular shape of the property and the acute <br /> angle of the street intersection. <br /> Lot Area: Lot 2 does not meet the minimum of 7500 sf. Because of the irregular shape of <br /> the site, it is not possible to meet the minimum. <br /> Though Lot 3 has excess area and width, the 40' setback from Lake Drive prevents moving <br /> everything to the east. It is better to maintain the Lake Drive setback and reduce the lot size than <br /> move the structure closer to the road—a principal arterial. <br /> For these reasons, staff supports variances on lot width, depth, and area. <br /> Variance Findings of Fact: In considering all requests for variance or appeal and in taking <br /> subsequent action, the City shall make a finding of fact: <br /> a. That the property in question cannot be put to a reasonable use if used under conditions <br /> allowed by the official controls. <br /> b. That the plight of the landowners is due to physical circumstances unique to his property not <br /> created by the land owner. <br /> c. That the hardship is not due to economic considerations alone if reasonable use for the <br /> property exists under the terms of the ordinance. <br /> d. That granting the variance requested will not confer on the applicant any special privilege <br /> that would be denied by this ordinance to other lands, structures, or buildings in the same <br /> district. <br /> e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. <br /> The irregular shape of site prevents the subdivision of the property in a way that would meet the <br /> minimum lot dimensions in the zoning ordinance. The acute angle formed by the intersection of <br /> 79t1i St. and Lake Drive create a particularly large area that is not buildable because of the <br /> • setbacks from the roads. It is reasonable to develop the site in conformance with the land use <br /> category of the comprehensive plan. It is unlikely that other properties in the area are so <br /> irregularly shaped. <br />
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