05/02/2002 - Laserfiche WebLink

Home

Motion carried. Voting Yes: Chairperson Nixt, Board Members Johnson, Kociscak, and Braucr. Voting No: None. Absent: Board Members Reeve, Sweet, and Watson. PUBLIC HEARINGS/BOARD BUSINESS Case #1: Request for a Variance to Front Yard Setbacks in the Proposed Plat of Sunflower Ridge; Case of Oakwood Land Development Chairperson Nixt closed the regular portion of the Board of Adjustment meeting at 7:25 p.m. in order to conduct the public hearing. Public Hearing Chairperson Nixt called the public hearing to order at 7:25 p.m. Presentation Community Development Director Frolik explained Oakwood Development is proposing to plat and develop land west of State Hwy. 47 and north of Alpine Dr. for a townhome project. City Code establishes a 35 foot front yard setback from public street right-of-way for buildings in the R-3 Urban Residential District. The applicant is requesting a 5 foot variance to have the townhouse units set back a minimum of 30 feet from the public street right-of-way. The City recently adopted a new street policy for multiple family residential developments. The policy requires designs that utilize at least one main public street spine through the development with private driveway collectors extending off of the public street. With the adoption of a street policy for use within townhouse subdivisions, many of the driveway accesses within a townhouse plat will be onto public streets. In order to accommodate the 60-foot right-of-way, the Planning Commission and City Council, during their Chapter 9 Committee discussions, have previously recognized the possible need to allow for lesser front-yard setbacks. The recently adopted street policy for multiple family developments does not address setbacks for townhome units along public streets. Staff feels that this is an oversight and should be addressed. The City is in the process of amending the Zoning and Subdivision Chapter of City Code to implement the newly updated Comprehensive Plan. Some of the amendments are under consideration at this meeting and include reducing the front yard setback in the medium density residential district from 35 to 25 feet. This will ensure a 25-foot driveway and will give a land owner the potential to reach the density prescribed for the land. City Staff recommends approval of the variance. Citizen Input David Mott, 15425 Old County Road 5, questioned why the law isn't followed once it is set and why variances are then granted. Chairperson Nixt explained the Ordinance in place reflects what was required for the previous Comprehensive Plan, which didn't recognize townhome and medium density developments. As Board of Adjustment/May 2, 2002 Page 2 of 9