2.0. BASR 12-12-2006 - Laserfiche WebLink

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Case File:V 06-06 Page 3 • Variance Criteria 1. Literal enforcement of the ordinance will cause undue hardship. Literal enforcement would likely cause undue hardship, as the regulations in place may be inconsistent with the comprehensive plan for the property. 2. The hardship is caused by special conditions and circumstances, which are peculiar to the propery and the structure involved and which are not characteristic of or applicable to, other lands or structure in the same area. The hardship is created by the ordinance not prescribing requirements that appear to be inconsistent with the comprehensive plan. This is unique. 3. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. Because no regulation has been established by the City to govern the subject property, the property owner is in limbo with regard to his plans for the property. The property owner has agreed to accept certain conditions that further the goals of the district, while allowing for the sale and subdivision of the land. 4. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. • The applicant is not permitted to subdivide the property because no minimum standards for lot size have been established. Other properties in the City could subdivide, provided their subdivision meets established criteria. 5. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is located and will be in keeping with spirit and intent of the ordinance. The request would not adversely impact other properties in the vicinity. The variance as approved will reduce the nonconformity, and preserve the goals established by the Comprehensive Plan. Recommendation It appears that the standards for variance are satisfied. Staff recommends the Board of Adjustment accept the following motion: Move to approve a variance to permit the creation of single lot to be 100 feet wide, versus the required 300 feet,a variance of 200 feet, subject to the following conditions: 1. All lots created shall be designated as outlots, permitting no principle buildings, unless the City Council approves a replat of the subject area. 2. Only three lots shall be created, two lots to be ten acres with 300 feet frontage, and one lot shall be at least 70 acres. • S:\PLANNING\Case Files\2006\Variance\V 06-06 ER Investments\V 06-06_BA.doc