6.2. SR 06-18-2007 - Laserfiche WebLink

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Variance Criteria 1. Literal e'?forcement of the ordinance will cause undue hardship. The requirements for lot size are clearly defined, and not open to interpretation. The applicant has not demonstrated evidence of a hardship. 2. The hardship is caused ~v special conditions and circumstances, which are peculiar to the properry and the structure involved and which are not characteristic ~f. or applicable to, other lands or structure in the same area. The lot is a relatively flat, currently farmed parcel rectangular is shape. There is no uniqueness to the land warranting a variance from the lot size. 3. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. It does not appear that the applicant created the original 4.69 acre parcel; it does not appear that the applicant purchased the property with the intent to subdivide. 4. The literal application ~f the provisions of this ordinance would deprive the petitioner ~f rights ef!iqyed fry other tJrotJerties in the same district under the terms of this ordinance. ~ ~ ~ The property owner is afforded rights enjoyed by other R-1a properties, namely the use of the land for single family residential use. There is no loss of rights by not allowing subdivision of property not meeting minimum lot size requirements. 5. The variance will not be if!iurious to or adverselY q(fect the health. sqk!J or welfare ~f the residents ~f the city or the neighborhood where the properry is located and will be in keeping with spirit and intent of the ordinance. A variance would allow subdivision of lots not meeting minimum standards established by the zoning ordinance, and with the exception of the on site water and sanitation requirements, its negative impacts may be negligible, especially from a visual standpoint. The applicant contends that the character of the neighborhood has been established with the creation of one acre lots or smaller south and west of the subject property. These lots do range in size from 20,000 to 48,600 square feet, with the average 29,000 square feet. These lots were platted in 1974, as part of the township, before initiatives to protect the river and soils and maintain a maximum density were developed. Summary It appears that the standards for variance have not been satisfied. While the applicant could pursue the minimum variance, (one lot at 2.5 acres and the second lot at 2.19 acres) and this may increase on site septic and water options, the property is not unique and no hardship has been offered indicating support for a variance. Board of Adjustments decision The Board of Adjustment reviewed the request, and felt that the request was not supported by hardship or uniqueness and felt that was a request out of convenience versus need. Respectfully Submitted Jeremy Barnhart, AICP Planning Manager