4.0. BASR 08-23-2005 - Laserfiche WebLink

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Ravaila Variance Request,V 05-03 August 23,2005 Page 2 Overview The subject property is located at the intersection of 5th Street and Upland Avenue. The property is approximately 0.6 acres in area and is adjacent to Lake Orono. There is an existing single family home and detached garage on the site. The City is currently reconstructing the streets in the Upland/Tipton area, and requires a portion of the applicant's property for right-of-way. The survey notes that there is no easement for the portion of Upland Avenue which is adjacent to the applicant's property as noted on the survey. The applicant is being assessed for the street improvements and has a desire to subdivide his property into two lots. As the applicant is located adjacent to Lake Orono, one lot is required to have 15,000 square feet in lot area,while the second lot will be required to have a minimum lot of area of 11,000 square feet. After a more detailed review,the removal of the needed right of way for Upland Avenue reduces the applicant's property to 25,330 square feet. This includes a portion of the 5th Street right of way,which the City is proposing to vacate as part of the subdivision request. Analysis In order to grant a variance to the dimensional requirements of the development standards, the Board of Adjustments must find the following: 1. The literal enforcement of this article would cause undue (unnecessary, unavoidable, extreme)hardship. Without granting the variance, the applicant would be unable to subdivide his property. Other properties of similar size in the same general vicinity have been granted a subdivision for two lots, the most recent of which was located at the intersection of Tipton and Upland Avenues south of Highway 10. 2. The hardship is caused by special conditions and circumstances which are peculiar to the land and structure involved and which are not characteristic of or applicable to other lands or structures in the same district. The applicant's property is uniquely shaped as a result of its being an Auditor's Addition as well as the location of Upland Avenue,which creates a narrow lot width at the intersection of 5th Street. In addition, the need for the City to acquire additional right of way for the reconstruction of Upland Avenue contributes to the lot's size. 3. The literal application of the provisions of this article would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this article. Literal application of the dimensional requirements would deprive the applicant of the opportunity to subdivide his property, similar to other properties in this same general neighborhood. Again, staff refers to the recently approved subdivision at Tipton and Upland Avenues. S:\PLANNING\Case Files\2005\V 05-03 Raivala\08 23 05 BA memo.doc