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Moxness Minor Subdivision and Variance <br />Page 2 <br />Density Residential (LD). The surrounding properties are zoned CR-3 and are occupied by single <br />family homes. Properties to the west are zoned General Business District (C-1). <br />B. Setback Requirement Variance <br />The property is relatively flat and has a ditch running along the western property line. <br />4. LEVEL OF DISCRETION IN DECISION -MAKING: <br />The City has limited discretion in approving or denying minor subdivision applications. The City's <br />discretion is limited to whether or not the proposed minor subdivision meets the standards outlined <br />in the Zoning Ordinance. If it meets these standards, the City must approve the subdivision. <br />The City's discretion in approving or denying a variance is limited to whether or not the proposed <br />project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of <br />discretion with a variance because the burden of proof is on the applicant to show that they meet <br />the standards in the ordinance. <br />5. ANALYSIS: <br />A. Consistency with Ordinance Standards <br />Minor Subdivision and Variance <br />Area Requirements and Construction Limitation <br />Minimum lot or parcel size <br />8,400 sq. ft. <br />Minimum lot width at front setback line <br />80 ft. <br />Minimum lot width for corner lots <br />80 ft. <br />Minimum lot depth <br />100 ft. <br />Minimum front yard building setback <br />25 ft. <br />Minimum side yard building setback <br />10 ft. <br />Minimum rear yard building setback <br />25 ft. <br />Maximum building height <br />35 ft. <br />Maximum lot area to be covered by buildings <br />30% <br />Maximum lot area to be covered by impervious surface <br />50% <br />Setbacks <br />The applicant is showing a side yard setback of 9.6 feet on Parcel A and a side yard setback of 8.5 <br />feet on Parcel B. The minimum side yard building setback is 10 feet per the zoning district <br />requirements. The applicant will need to revise their plans to meet the setback requirements. Staff <br />feels that the applicant will easily be able to make the necessary adjustments and staff has added a <br />10 foot setback requirement as a condition of approval. Both Parcel A and B meet the minimum <br />rear yard and front yard building setback requirements. <br />2 <br />