09/07/93 Continuance - Laserfiche WebLink

Home

Answer; The intent of the minimum lot width requirement (200 feet of street frontage) is to provide for safe and orderly access to the parcel, especially in emergency situations. The City Attorney has stated that meeting the minimum lot width requirement (200 feet of street frontage) at a public road other than that which is proposed to provide access to the property does not meet the intent of the ordinance. To construct a dwelling on a lot that does not meet the intent of the requirement should be reviewed by the City in the form of a variance. Observations: In lieu of the above information, City Staff recommends proceeding to review the request for a variance on its own merits and not in conjunction with the subdivision. City Code states that no lot shall contain a building used for a dwelling unless it has the minimum lot width. The minimum lot width in the rural residential district is 200 feet. Lot width is defined as the measurement taken at the point where the lot meets the public road. The subject property in its current configuration has two frontages, one of which is on T.H. #47. The property also abuts the fight-of-way for Osmium St. N.W. City code states that when a lot has double frontage, and one of the frontages is on a county or state street, then the lot shall front the other street. The subject property has street frontage on T.H. #47 in excess of 200 feet and the amount of frontage on Osmium Street, an unimproved dedicated right-of-way, is 66 feet. In addition to City Code restrictions regarding access onto state streets, a reasonable access to this property from T.H. #47 is obstructed by the county ditch. The City has granted similar variances in the past and in one particular case, the property owner was granted an access easement by the City to utilize the public fight-of-way for a driveway to access a fully improved public street. The following items are enclosed for your information: a) b) c) d) Site location map Site plan indicating proposed lot split, future subdivision plan and proposed location of dwelling Proposed findings of fact Proposed variance Recommendation: Because one building permit on 25 acres is a reasonable use of property and because access to g47 is discouraged by City Code and the State and obstructed by the County ditch, City Staff recommends approval of the variance in anticipation of eventual compliance with minimum street frontage requirements on a local street when the property is platted to a higher density. Approval of the variance will require granting the property owner an easement to utilize the Osmium Street N.W. public fight-of-way for a private driveway to access 160th Lane N.W., a fully improved public street. The property owner would be required to maintain the private driveway even though it lies within a public right-of-way. The variance agreement has been written to require the property owner to participate in street maintenance assessments to Hall Anderson Acres until such time as the subject property is platted to a higher density and is served by its own interior streets. The variance also requires that when the subject property is developed to a higher density, the developer will have to pave Osmium Stxeet from 160th Lane N.W., north into the subject property.