PL PACKET 09172019 - Laserfiche WebLink

Home Browse Search

March 19, 2019 Page 3 A. Subdivision and Lot Size Variances The applicants own a parcel that is 82 feet wide along 37th Ave. NE, and 220 feet deep along Chelmsford Road, excluding right of way and street easements of record. This is a total of 18,040 square feet. A single family home is located on the south portion of the parcel, approximately 18 feet from the Chelmsford Road street easement boundary. The typical setback requirement is 30 feet from the right of way. The applicants propose to subdivide the property to create a smaller lot containing the existing home, and a new building lot at the corner of Chelmsford and 37th. The south parcel (Parcel “B”) would be 75 feet in width along Chelmsford, and at 82 feet deep, just 6,150 square feet in area. The applicant’s survey shows a lot depth of 107 feet, but that includes 25 feet of dedicated street easement, which is not included in actual lot area. The requirements for new single family lots in the R-1 zoning district is 75 feet of width, and a minimum lot area of 9,000 square feet – the proposal is more than 30% (2,850 square feet) short of the requirement. The proposed north corner parcel (Parcel “A”) is shown at 105 feet deep by 82 feet wide – a lot area of 8,610 square feet. For corner lots in the R-1 District, the requirements are 90 feet in width and 11,000 square feet in area. This lot then, is a total of 2,390 square feet short of the requirement, a differential of more than 20%. As such, the subdivision results in the need for lot area variances for both parcels. When evaluating variances, the City’s zoning ordinance applies the requirement that can be summarized as whether there is a unique condition on the property that creates a practical difficulty in putting the property to what would otherwise be a reasonable use. The language of the code is cited in Section 3. of this report below. In considering the scope of reasonable use, neighborhood character is often identified as a factor in understanding what might be “reasonable”, short of the minimum standard. The R-1 blocks to the west of this site have lots that average approximately 10,000 square feet in area, and with the exception of one or two parcels, the majority of those lots are 9,600 square feet or greater. As noted above, the required lot area for lots in the R-1 District is 11,000 square feet for a corner lot and 9,000 square feet for an interior lot, a total of 20,000 square feet. The applicants’ proposed subdivision would create two parcels on a total of 14,760 square feet, an average lot size of less than 7,900 square feet. As such, planning staff does not believe that the creation of two parcels of the size proposed by the applicants can be supported as “reasonable use”, given the nature and size of the adjoining single family neighborhood.