4.1. BASR 07-27-1999 - Laserfiche WebLink

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Memo to the Board of Adjustments/V 99-8 July 27, 1999 Page 3 • When studying the variance request, staff has considered the following: • Historically the Homestead Act of 1862 granted 160 acre parcels to those who would homestead them. Typically, over time, these homesteads were subdivided into 40 acre farms. Most likely, the applicant's parcel 39.07 acres was long ago sold as a 40 acre parcel, but now measures to be only 39.07 acres. • The proposed lot sizes, 10.27 acres and 8 acres, are allowed in the Al zoning district if the 4 lot per 40 acre density transfer option is utilized. In this case, the applicant's intent was to create 4 lots. Overall, the density allowed in the Al will be adhered to. • Staff originally considered having the applicant adjust the common lot line in order to make at least one of the lots conform with the 10 acre minimum lot area. However after studying the property, staff concurs with the applicant's proposed subdivision layout. The applicant lives on the northerly lot with most of the wetland which will serve as a buffer between the lots. The southerly lot is nearly all buildable and contains a tree line that will also serve as a buffer between lots. • • In the previous administrative subdivisions, the applicant was required to subdivide his property into lots of 10.4 acres to comply with the definition of"lot area." This requirement did not give lot area credit for land under the easement area. For the applicant, that meant that the remaining parcel was even smaller. Staff and the applicant believe that literal enforcement of the ordinance will cause undo hardship for the following five reasons (See the attached letter from the applicant). 1. Staff believes that the literal enforcement will cause undo (unnecessary, unavoidable, extreme) hardship because the strict adherence to the minimum lot area requirement will deny the applicant a right enjoyed by others in the area. The applicant never had a true 40 acre parcel as would typically occur as the 160 acre homestead land was subdivided. Inadvertently, the subdivided homestead that the applicant purchased broke down to a 39.07 acre parcel which is just less than the 40 required by ordinance to allow for a 4 lot split. 2. Staff believes that the hardship is caused by special conditions and circumstances which are peculiar to the property involved because the • \shrdoc\planning\stevewen\pcmmo\v99-8.doc