Agenda - Council - 07/23/2002 - Laserfiche WebLink

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-200- physical uniqueness about the property that is causing the applicant a hardship and a reasonable use of the property. The applicant states that there are two reasons why the variance to lot size is needed; 1) the location of the existing house makes it difficult to create a 2.5 acre lot; and 2) that one-half of an acre of the applicant's land was dedicated as right-of-way as part of the Echo Ridge Estates platting done in 1991. Staffhas looked at the parcel and has determined that while it may be difficult, it is not impossible to create a 2.5 acre lot. A lot could be created that would be 2.5 acres in size and meet all applicable setbacks. However, the tot would be irregularly shaped. The parcel containing the homestead will exceed the lot size minimum of the new ordinance. Additionally, it is Staff's opinion that the fact that the applicant doesn't have enough area for a proper lot size because he dedicated right-of-way as part of the Echo Ridge Estates is a self- created hardsNp. Under Section 9.03.05 Subd..2(b)(2)(c) a variance cannot be granted if the special conditions and circumstances causing the undue hardship result from the actions of the applicant. At the June 6, 2002 meeting, the Board of Adjustment reviewed the variance request. While acknowledging that it might be possible to reconfigure the lot lines to make 2.5 acres, the Board thought it might not be highly desirable. The Board was also informed that as part of the subdivision request, Mr. Longfietd would be creating a lot that would be deficient in lot width and would require another variance. The Board of Adjustment instructed staff and the applicant to work on finding an acceptable solution and eliminate the need for variances. Upon discussing the matter with Mr. Longfield, staff was able to determine that the initial measurement of lot width was in error. City Ordinances require lot width measured at the front setback line. Staff had measured the lot width at the property line. By measuring at the front setback line (40'), Mr. Longfield exceeds the 200 foot lot width and will not need a variance. Staff also discussed with Mr. Longfield that .possibility of making the deficient lot bigger. Options were explored, but in the end, Mr, Longfield asked that his original request be considered. At their July 11, 2002 meeting, the Board of Adjustment considered the request. After discussion. of the matter, the Board of Adjustment denied the variance request and adopted findings of fact consistent with that decision. Mr. Longfield has filed a written appeal to the City Council of the Board of Adjustment's decision in compliance with City Ordinances. Recommendation: The Board of Adjustment has denied the variance request based on findings of fact adopted on July 11, 2002. I' I I I I i I I I I I I I I I I ! I