Agenda - Planning Commission - 06/06/1994

Home

CASE REQUEST FOR A VARIANCE TO CUL-DE-SAC LENGTH; CASE OF GOOD VALUE HOMES, INC. By: Zoning Administrator Sylvia Frolik Background: As you may recall, Chestnut Ridge was recommended for plat approval with Krypton Street N.W. being constructed as a through street, contingent upon DNR granting a permit to cross wetland #2- 114P. Observations: Good Value Homes has received notification from DNR that their request for a permit to cross the wetland has been denied. On May 24, 1994, the developer approached City Council for a revision to the final plat to construct Krypton Street N.W. as a cul-de-sac that exceeds the 600 foot maximum length by approximately 800 feet. Staff informed City Council that it was still possible to construct Krypton Street N.W. as a through street by bridging the wetland. Bridging the wetland would not require DNR permitting, however, it would jeopardize the City's chances of getting a permit in the same proximity to cross the wetlands in order to extend Sunwood Drive. The Developer indicated that even if there were City participation in funding, bridging the wetland was cost prohibitive for the creation of 13 lots and requested a variance to cul-de-sac length. Another option presented to Council on May 24, 1994, was that of appealing DNR's decision to deny the permit request. This option was not acceptable to the Developer, City Staff or City Council as the lengthy process would prohibit development in 1994 and it is not likely that the appeal would be approved; and if it were approved, it would have an adverse impact on obtaining the permits necessary to extend Sunwood Drive. In accordance with the Subdivision Chapter of City Code, the City Council directed the Developer to approach the Planning Commission for a recommendation on a variance to maximum cul-de-sac length. In this Chapter, City Code states that when a variance to a subdivision design standard is desired due to some exceptional topography or physical condition on the property, the Developer may approach the Planning Commission for a variance recommendation. The Planning Commission recommendation is forwarded to City Council for a decision. Council adopts findings of fact and makes the final decision by resolution. Under the variance procedure in the subdivision chapter, no public hearing is required and the Planning Commission provides a recommendation to City Council versus the Board of Adjustment making the decision. The following items are include for your information: a) b) c) d) e) Site location map Proposed plat with through street Proposed plat with cul-de-sac Proposed findings of fact Proposed variance