Agenda - Council - 08/25/2009 - Board of Appeals

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CASE# -/ PUBLIC HEARING REQUEST FOR A VARIANCE TO PLATTING REQUIREMENTS TO ALLOW A METES AND BOUNDS SUBDIVISION; CASE OF QDP & JBT ALLIANCE, LLC By: Tim Gladhill, Associate Planner Background: As part of the application for Site Plan Review, QDP & JBT Alliance, LLC is requesting to purchase only a portion of the Subject Property at 6459 144th Ave NW. In order to serve as an interim solution to allow the project to be built before the winter building season, the Applicant is requesting a procedural variance to allow a metes and bounds subdivision until a Minor Subdivision can be processed. Notification: In accordance with State Statute, Staff sent notification of the request for a variance to property owners within 700 feet of the subject property. Funding Source: All staff costs associated with the review of the Application are responsibility of the Applicant. Observations: As part of the Site Plan Review, the Applicant states it does not need the entire parcel for its project. In addition, the Applicant has concerns with liability of having a regional storm water pond on property that the Applicant owns. With that in mind, the Applicant is requesting to subdivide the existing parcel to include only the amount of area required for the project. City Code requires that any new lots be created through the platting process. A Variance to the platting requirement to allow a metes and bounds subdivision, in order to provide the necessary right-of-way to the City, is being proposed. City Code requires that this type of variance be heard by the Board of Appeals. If approved, the metes and bounds subdivision would create two parcels. In this situation, the platting requirement is a hardship and practical difficulty in that in order to start the project in 2009, the Applicant does not have sufficient time to start the project before the winter building season if the project is required to wait for the Minor Subdivision to be processed. The metes and bounds subdivision is necessary to facilitate the transfer of land for right-of-way to the Applicant. The Applicant has agreed to place an escrow in the amount of $2,000 to ensure the Minor Subdivisionis followed through should this request be granted.