2002.01.07 RESO 2002-0001 - Laserfiche WebLink

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Resolution 2002- 1 Page 2 The hardships are unique to the property because the subject property is long and narrow. The property to be divided is 553.50 feet X 1574.01 feet with the 553.50 feet fronting on Irish Avenue. Access from Irish Avenue would require each lot to each be 276.75 feet wide. As for the side yard setback, to maintain the 10 -acre minimum lot size, the proposed lot line would be 19.09 feet from the existing garage, which would require a variance of 20.91 feet. At the time the garage was constructed, it met all applicable setbacks. c) The granting of the variance would be in keeping with the spirit and intent of the ordinance. The granting of the variance from the minimum lot width of 300 feet would be keeping with the spirit and intent of the ordinance by allowing the creation of two 10 -acre parcels which are common and permissible in the Agricultural zoning district. The granting of the variance for the side yard setback would also be keeping with the spirit and intent of the ordinance because garages are common accessory structures on residential property. d) The property cannot be put to reasonable use without the granting of the variance. Without the proposed variances, the property could not be subdivided. Ten - acre lots are permissible in the Agricultural Zoning District. e) The variance, if granted, would not alter the essential character of the locality in which it would be located. The variances, if granted, would allow the creation of two 10 -acre parcels, which are common and permissible in the Agricultural Zoning district. The variance, if granted shall not have the effect of allowing, in any district, any use prohibited in the district. The variances would not alter the allowed uses of the property. g) The variance, if granted, shall not permit a lower degree of flood protection than required by the ordinance. Variances for the required lot width and side yard setback would not permit a lower degree of flood protection. At the time the vacant parcel is to be developed, a final site drainage plan would be required by the Rice Creek Watershed District. h) The sewage treatment system and water system of the subject property is in compliance with city and state codes.