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Memo to the Mayor and City Council/P 96-6 <br />July 15, 1996 <br /> <br />Page 2 <br /> <br />On May 15, 1995, the applicant applied for, and was granted, an <br />administrative subdivision approval for two lots. Parcel A was a six acre lot, <br />shown on the proposed preliminary plat as an exception with frontage on <br />217th Avenue, and parcel B, the 35 acre parcel that is the subject of this <br />proposed preliminary plat. As a condition of that subdivision approval, an <br />additional 17 feet of right-of-way was granted to the County along County <br />Road 32 making a 50 right-of-way. <br /> <br />Variance request <br /> <br />The applicant is requesting a variance to allow a 2.21 acre lot in the Rla <br />zoning district which requires a minimum lot size of 2 1/2 acres. <br /> <br />The applicant has indicated that the variance is needed because the City, as <br />a condition of the administrative subdivision approval, required them to <br />dedicate 17 feet of frontage along County Road 32 to the County so that there <br />would be a 50 foot right-of-way. This reduced the size of the lot from what <br />was initially 2 1/2 acres down to the 2.21 acres that is proposed in this <br />application. The amount of land available to compensate for the dedication is <br />limited because the applicant constructed a pole barn in a location based on <br />the original ghost plat which did not include the dedication. Moving the <br />property line to compensate for the reduced acres would require removal of <br />the pole barn. <br /> <br />Planning Commission meeting <br /> <br />At the Planning Commission meeting held on June 25, 1996, no one spoke at <br />the public hearing. The applicant provided the above additional information <br />to support their request for this variance. Please refer to the Planning <br />Commission report for additional information. <br /> <br />Recommendation <br /> <br />The Planning Commission and staff recommend the granting of this variance <br />to allow a 2.21 acre lot in the Rla zone, which has a minimum lot size <br />requirement of 2 1/2 acres, based on the following findings: <br /> <br />The literal enforcement of the Ordinance will cause undue hardship for <br />the applicant because the City required the dedication of the 17 feet to <br />the County after the pole barn was constructed, and the applicant <br />constructed the pole barn based on information and policy that were <br />applicable at the time of construction. <br /> <br />s:\planningXscott\p96-6ccx.doc <br /> <br /> <br />