07/11/2002 - Laserfiche WebLink

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Staff has looked at the possibility of creating lots that will conform to the new minimum lot size of 2.5 acres. 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 lot 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 hardship. 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. Longfield 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 there 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. Recommendation: Since it is still staff's belief that there are possibilities to create a lot that meets the minimum lot size requirement, staff recommends that the variance form the minimum lot size requirement of 2.5 acres submitted by Robert Longfield be denied for the following reasons: 1) The inability to create a parcel that will meet the new code is partially a self-created hardship, due to the fact that the applicant previously dedicated fight-of-way as part of the Echo Ridge Estates subdivision. 2) It is possible for the applicant to create a lot that meets the 2.5 acre minimum proposed under the new code and that also meets all of the required setback minimums for the existing homestead. Board Action: Motion to adopt Resolution #02-07- adopting Findings of Fact # variance from Robert Longfield to the minimum lot size. __ relating to a request for a