Agenda - Council - 01/13/2009 - Board of Appeals

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In this situation, the platting requirement is a practical difficulty in that no new buildable lots are being created, only land for future right-of-way. This variance is a temporary variance, in that the area will need to be re-platted in the future. No portion of the newly created lots will be considered buildable until the area is re-platted. The metes and bounds subdivision is necessary to facilitate the conveyance of the land to the City. The future extension of Quicksilver will provide access for Water Tower #3, as well as access to Elmcrest Park. The City currently has secured a temporary easement for access to Elmcrest Park. By acquiring the parcels created through the metes and bounds subdivision, the City will obtain a permanent access to Elmcrest Park. Staff Recommendation: City Staff recommends approval of the variance. Board Action: Motion to adopt Resolution #09-01-_ to adopt Findings of Fact #_ related to the request for a variance to the platting requirements in Section 9.50.07 of City Code. -AND- Motion to adopt Resolution #09-01~_ to approve the request for a variance to subdivide by metes and bounds, contingent upon compliance with the City Engineer's Memo dated February 22, 2007. . -or- Motion to deny the request for a variance based on findings of fact. Reviewed By: ~ ~ ffiO City Administrator r:::(-=> Community Development Director City Attorney Assistant City Engineer BOA: 01/13/2009 C Attachments: Site location map Proposed lot exhibits Proposed Findings of Fact Proposed Variance -4-