Laserfiche WebLink
Memo to the Board of Adjustments/V 99-8 <br /> July 27, 1999 <br /> Page 4 <br /> • property is not a true rectangle, and was never quite a 40 acre parcel as is <br /> a typical size for agricultural land. <br /> 3. The literal application of the provisions of this ordinance would deprive <br /> the applicant of rights enjoyed by other properties in the same district <br /> under the terms of this ordinance because other 40 acre parcels can have <br /> varying size lots by utilizing the density transfer option of 4 lots per 40 <br /> acres. By all intents and purposes, the applicant simply wants to do the <br /> same. <br /> 4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction. The remnant lot of 18.27 acres is a <br /> result of never having a typical 40 acre parcel to begin with and the result <br /> of the lot area definition which did not count the road easement as part of <br /> lot area. <br /> 5. The variance will not be injurious to or adversely affect the health, safety <br /> or welfare of the residents of the city or the neighborhood because the two <br /> previous lot splits on the applicant's property have resulted in residential <br /> development, and the proposed lot split is consistent with that pattern <br /> and the lot sizes are similar to other properties in the Al zoning district <br /> • where the density transfer has taken place. <br /> Recommendation <br /> Staff recommends that the Board of Adjustments approve this request for a <br /> .56 acre variance and a 3.28 acre variance from the minimum lot area <br /> requirements citing the following five conditions for granting a variance: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE <br /> HARDSHIP. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND <br /> CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND THE <br /> STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR <br /> APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA. <br /> 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE <br /> WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER <br /> PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS <br /> ORDINANCE. <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br /> CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. <br /> 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE <br /> • <br /> HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE <br /> f:\shrdoc\planning\stevewen\pcmmo\v99-8.doc <br />