2020.01.06 CC Packet - Laserfiche WebLink

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Scanlan Variance and CUP shared driveway is already established and has been used to access the properties for several years. In addition, the applicant is requesting that an existing covenant be released that is against the properties at 7355 177th Street North and 17530 Henna Avenue North. The covenant states that the these properties shall be considered as one lot and cannot be sold separately. 3. BACKGROUND: In 1994, the applicant received approval for a minor subdivision of parcels A and B, which was one 20 acre lot at that time. The applicant also received approval to have a shared driveway over parcel B to access parcel A. The applicant owns parcel C and in an effort to not need a variance for the landlocked parcel A, the applicant agreed to combine parcel A and C. Washington County would not allow the lot combination because the parcels are in separate Sections. The City then required a covenant to be recorded against parcel A and C to be considered as one lot and that they cannot be sold separately. The applicant remains the owner of parcel A and C, parcel B is owned by separate owner. Parcel A and B both had homes on the properties. In 1999, the applicant built a house on parcel C. It was permitted by the City by the issuance of a building permit. From that time, Parcel A and C have been taxed and used as separate parcels. The applicant is now requesting approval of the variance and CUP and to have the covenants released so they can be sold separately. 4. CONTEXT: A. Surrounding Land Use and Zoning The properties and surrounding properties are zoned Future Urban Service (FUS) and are large lots with single family homes. The properties are guided Agricultural (AG) in the 2040 Land Use Plan. 5. LEVEL OF DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. The City's discretion in approving or denying a conditional use permit is limited to whether or not the proposed application meets the standards outlined in the Zoning Ordinance. If it meets these standards, the City must approve the conditional use permit.