4. BASR 05-08-2007 - Laserfiche WebLink

Home Browse Search

There are several purposes behind the establishment of a minimum lot size, including density goals, and in non services area, adequate space for wells and septic systems. Although a lot split application has not been received, one of the requirements for that process is to show where two septic fields could be located on each property. A portion of the property is also located within the Mississippi wild and scenic river district, which requires a minimum of 2.5 acre lots for non-riparian lots. The northern quarter of the property falls outside this district. Variance Criteria 7. Literal enforcement 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 by sbecial conditions and circumstances, which aro~eculiar to the bro~er~ and the structure involved and which are not characteristic o~ or at~~licable 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 .~ecial conditions and circumstances aro not a consequence of the petitioner's own action or inaction. It does not appear that the applicant creating the original 4.69 acre parcel; it does not appear that the applicant purchased the property with the intent to subdivide. 4. The literal at~blication o the~rovisions of this ordinance would debrive the t~etitioner of rights enzo~bv~ other l~ro~erties 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 hill not be injurious to or adversely a~ect the health, sa~ety or welfare of the residents o~the city or the neighborhood where the ~ro~ert~ is located and will be in keeping with st~irit 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.