2001-119 Council Resolution - Laserfiche WebLink

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The new lot would not meet the minimum lot depth requirement. A variance would be necessary. Findings for Variance In considering all requests for variance and in taking subsequent action, the City shall make a finding of fact: 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 physical circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations alone and when 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 be in keeping with the spirit and intent of the ordinance. The existing use of the lot as a single family residence is not threatened by the status quo. There are no unique physical circumstances. The sole purpose of the variance is to allow an additional lot to be created to provide economic gain. Granting an unjustified variance would be conferring a special privilege and would not be in keeping with the spirit and intent of the ordinance. Whether it is advisable to allow for the creation of additional lots in this neighborhood by splitting the existing lots is a policy question that may merit consideration by the City. However, the application under consideration would create a lot that does not meet current requirements and there is no justification for the requested variance. Without the variance, the minor subdivision cannot occur. Resolution 01-119 denies both the variance and the minor subdivision and included findings to justify the denials. PLANNING & ZONING BOARD ACTION The P & Z considered the application on August 8. A motion to approve the variance and minor subdivision failed 3-4. A subsequent motion to deny both actions failed for lack of a second.