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<br />Mastley , Variance <br />May 16, 1994 <br /> <br />Page 2 <br /> <br />e <br /> <br />PLANNING COMMISSION RECOMMENDATION <br /> <br />The Planning Commission recommended approval of the requested one <br />quarter of an acre variance to the minimum ten acre lot size with the <br />findings stated in the staff report. <br /> <br />RECOMMENDATION <br /> <br />It is recommended the City Council approve the requested variance to the <br />minimum lot size requirement in the Al zoning district by Jeff Mastley with <br />the following findings: <br /> <br />1. The intent of the minimum lot standards set forth in the Al zoning <br />district is to allow large lot (10 acre) subdivisions with a density of one <br />unit per forty (40) acres. Literal enforcement of the lot area <br />requirement in this particular case would go beyond the intent of the <br />ordinance. <br /> <br />2. <br /> <br />The variance of one-quarter of an acre on a ten (10) acre parcel can <br />virtually go unnoticed and alleviate the hardship of excluding right of <br />way, which is particular to large, unplatted tracts of land. <br /> <br />e <br /> <br />3. Literal application of the ordinance would deprive the applicant full <br />use of the property while keeping within the intent of the ordinance. <br /> <br />4. The property owner originally purchased the forty (40) acre parcel <br />which happened to include the right of way, making it a nominal <br />thirty-nine (39) plus or minus acre parcel for subdivision <br />considerations. <br /> <br />5. The variance will have no impact or adversely affect the health, safety, <br />or welfare of the community and will be in keeping with the spirit of <br />the ordinance. <br /> <br />e <br /> <br />mastleyv .council <br />