November 21, 2006 CCP - Laserfiche WebLink

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Discussion and Analysis: The applicants desire to adjust the lot line between the 5 acre house site and their adjoining land to increase the 5 acre site sufficiently easterly to include the barn structure that was detached by earlier Rossow land sale (that created the 5 acre site). By that land sale back in the late 1970's not only did Rossow create what is now a non -conforming lot (but was not then — at least after the "extra" three acres was added), but also created an adjoining parcel that contained an accessory structure (the old barn) on a parcel that had no principal structure. No RR zoned parcel may have more than one accessory structure, and that single structure may not exceed 2,500 square feet in area. Any Lot Line Adjustment (administrative) to accomplish the applicants' proposal would result in a second accessory structure on an RR zoned parcel. In addition, the sum area of the two accessory structures that would result from the Lot Line Adjustment to include the barn on the 5 acre parcel would appear to slightly exceed 2,500 square feet. In considering the variance applied for staff notes that two existing non -conformities would be eliminated or reduced in scale: 1. By adding the land area that includes the barn to the 5 acre parcel, that parcel would become 6.33 acres in area. While the resulting parcel would remain non -conforming in the RR zone (10 acre minimum), it would be less non -conforming. Reducing the parcel on which the barn now is located by 1.33 acres will not make that parcel non -conforming by area. 2. By placing the barn on the same parcel as the house, the non -conformity of an accessory structure on a parcel without a principal structure will be eliminated. Findings and Recommendations: 1. The property can not be put to reasonable use without the granting of the variance requested. 2. The variance requested relates to divisions of lands undertaken three decades ago, by parties than the applicants responsive to zoning standards that differ from those of 2006. In addition, the 1970's land division actions illegally created a non -conformity (accessory structure on a parcel without a principal structure) that will be mitigated by the proposed variance, and therefore the circumstances are unique to these properties 3. Granting of the variances will not change the essential character of the neighborhood.. The two accessory structures already exist. Based on the foregoing staff recommends approval of the requested variance subject to approval of a Lot Line Adjustment or Minor Subdivision, or a waiver of platting by the City Council to create the new parcel that would contain the house and the two accessory structures. Planning Commission Actions Requested: Motion to recommend approval of a variance to allow two existing accessory structures on an RR zoned parcel based on the Fi gs and subject to the condition specified by the August 24, 2006 Planning Staff Report. ''-� Charles E. Dillerud, City Planner Attachments: 1. Location Map 2. Applicants' Graphics