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. . . Planning Commission Meeting Minutes August 27, 1996 Page 2 6.3... ...........Mdft.sri'iithR&dGeStif8f'c8Hdifi8Hdl...U$&...P&rmlt;pGbliB...H&drihdCd$e..N8..clJ..96~2() ..-...........,.,','.'...............'..,'........_-_...---.---.-.......".............--.---...-..-.............---.......-..."."""""""..........-------.-.......,',....,"",........... .6...4.>..&1dtt.SmifbReq(jeU.f8r.Vdridhce,...P&blicHedrihQ...COse...NO....V..96..1.0... ... Staff report by Scott Harlicker. Matt Smith is requesting a conditional use permit for a zero lot line development to allow a common wall and shared driveway for a twin home and a variance request to allow an undersize lot. The subject property is located north of Railroad Drive between Freeport and Evans Street alignments. The conditional use permit is necessary for zero lot development. The variance to lot size is requested because the parcel is 5903 sq. ft. in size and minimum lot size in the R3 zone is 6000 sq. ft. The applicant is also requesting an administrative subdivision which will be reviewed by the City Council at the September 16, 1996, meeting. Approval of the requests will allow separate property ownership for each of the two twin home units. Matt Smith, applicant, indicated there is room for 4 to 5 cars to park at each site. In response to a question from Commissioner Minton, Mr. Smith stated he would be removing the large dead tree in the front of the property. Chair Thompson opened the public hearing. There being no comments from the public, Chair Thompson closed the public hearing. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE LOT SIZE VARIANCE REQUEST FOR PARCEL ONE BY MATT SMITH, PUBLIC HEARING CASE NO. V 96-10, BASED ON THE FOLLOWING FINDINGS: 1. THE LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP FOR THE APPLICANT SINCE THERE IS NO OTHER LOCATION FOR THE PROPOSED PROPERTY LINE AND AN ODD JOG IN THE PROPOSED PROPERTY LINE WILL DEPRIVE THE OWNER OF PARCEL 2 A USABLE BACK YARD. 2. THERE ARE SPECIAL CONDITIONS, THE SHAPE OF THE PARENT LOT, WHICH IS PECULIAR TO THIS PROPERTY. 3. LITERAL APPLICATION OF THE ORDINANCE WILL DEPRIVE THE APPLICANT OF PROPERTY RIGHTS ENJOYED BY OTHER PROPERTIES IN THE NEIGHBORHOOD. OWNERS OF SIMILARLY SIZED LOTS IN THIS NEIGHBORHOOD WOULD BE ABLE TO DO WHAT THE APPLICANT IS PROPOSING. 4. THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS THAT ARE NOT A CONSEQUENCE OF THE APPLICANT'S ACTION. THE SHAPE OF THE ORIGINAL PARCEL IS BEYOND THE APPLICANT'S CONTROL. 5. THE GRANTING OF THIS VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS. THE GRANTING OF A VARIANCE FOR RELIEF OF 97 SQUARE FEET WOULD NOT BE INJURIOUS TO THE RESIDENTS. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR ZERO LOT LINE DEVELOPMENT