RES 19-011 ADOPTING THE FINDINGS OF FACT AND REASONS FOR DENIAL OF A LOT SPLIT WITH VARIANCE REQUEST FOR LOT SIZE ON A CORNER LOT BY WALTER SENTRYRZ AT 3713 33RD AVENUE NE

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8. City Ordinance allows variances as follows. City Code Section 152.245 Variances (C)Evidence. No variance will be granted unless the evidence presented discloses all of the following facts. (1) The subject matter of the application is within the scope of this section. (2) Strict enforcement would cause practical difficulties because: (a) The property owner proposes to use the property in a reasonable manner not permitted by the zoning code; (b) The plight of the property owner is due to circumstances unique to the property not created by the property owner; and (c) The variance, if granted, will not alter the essential character of the locality. (3) Economic considerations alone are not the basis of the practical difficulties. (4) The variance, if granted, would be consistent with the city's comprehensive land use plan. (5) The granting of the variance is in harmony with the general purposes and intent of the zoning code. 9. Relevant City Code. Title XV Land Usage, Section 152.039 (B) the minimum lot size for a corner lot shall be 11,000 square feet in the R -1 Single - Family District. CONCLUSIONS OF LAW 10. The requested variance is not in harmony with the purposes and intent of the ordinance because the intent of the zoning code is to protect the health, safety, and general welfare of the city and its people through the establishment of minimum regulations governing land development and use. The zoning code is established to: protect the use districts; promote orderly development and redevelopment; provide adequate light, air, and access to property; prevent congestion in the public streets; prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards, and densities; and provide for compatibility of different land uses. 11. The requested variance is not consistent with the comprehensive plan and the plan does not suggest a lot size reduction in the R -1 Single - Family District. 12. The property owner does not propose to use the property in a reasonable manner as they propose to create a lot that is smaller than that allowed by the zoning code. 13. There are not unique circumstances to the property not created by the landowner as the landowner is requesting the lot split which would create a non - conformity. The existing lot is conforming. 14. The variance does not maintain the essential character of the locality as the reduced lot size would conflict with the zoning standards set for the neighborhood and all other R -I neighborhoods in the locality.