11-25-2014 BA MIN - Laserfiche WebLink

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Chair Johnson asked if the other lots that did not meet minimum depth were legal when they were platted. Mr. Carlton stated he was not sure what the requirements were back then, but they now are legal non-conforming lots. Chair Johnson asked if the lots were split, would they be smaller than others in the neighborhood. Mr. Carlton stated they would be smaller than most at .3 acres each, with the rest of the neighborhood at about .6 acres each. Chair Johnson opened the public hearing. Kendra Lindahl, 19358 Norfolk Avenue, neighbor to the adjacent subject property, stated that the proposed lot split was not consistent with the neighborhood, since most of the lots were 30,000 square feet. She stated that the city’s comprehensive plan states the intent is to preserve the character of neighborhoods. Mrs. Lindahl stated that staff was using the variance standards from one section of the city code and that she did not feel the request met the standards listed in another part of the code. Mrs. Lindahl stated she did not believe the request met the standards for granting a variance, noting the proposed lot would be too small, would alter the neighborhood and would requiring destroying most of the trees. She stated that she and her husband were opposed to the variance. Ryan Schneider, 12104 Highland Road, neighbor across the street from the subject property, stated that he bought his home because of the large lots and mature trees and did not support the variance. Commissioner Jeremy Johnson asked for clarification on the two sets of variance criteria mentioned by Mrs. Lindahl. Mr. Carlton noted that the standards are found in both Sections 30-635 and 30-325. Staff feels that the request meets the 5 criteria. Chair Johnson stated that he had a problem with the request not meeting #4 and #5 of the criteria. He stated that the lot was existing and nothing has changed. He felt that splitting the lot was out of character for the neighborhood. Commissioner Jeremy Johnson agreed. Commissioner Konietzko asked what size the smallest lot in the neighborhood was. Mr. Carlton stated that the smallest lot appears to be .6 acres. Commissioner Konietzko noted that the smallest he found on Beacon was .57 acres. Commissioner Keller stated that he agreed with Chair Johnson that splitting the lot and building a smaller home would change the character of the neighborhood. Commissioner Petschl asked the Lindahls what was the footprint size of their home. Mr. Lindahl stated that it was approximately 1,200 square feet, but it was a split level. Mrs. Lindahl stated that most of the other homes in the neighborhood were similar in size and style. Mr. Petschl stated that he felt the home proposed by Mr. Powell would fit in, since a 1,200 square foot footprint was not that large. Commissioner Jeremy Johnson stated that since there was not a specific need to split the lot and that the city did not do anything to require a variance, he did not support the variance. There being no further public comment, Chair Johnson closed the public hearing.