06/23/05 Special Bd Mtg - Laserfiche WebLink

Home

Metes and Bounds Total Outlot E, Wood Pond Hills Total', excluding area subject to road easement 43,568 sq, ft 6,942: sq. ft 40,332' sq:. ft 1.00 0.15 0;92 Totals, including area subject 50,510-sq:ft. : . LIS to. road easement . -- ' ' -- - :: ' ' Total Parcel, excluding area / 40,332 sq. ft. subject to road easement } Total Parcel, including area } 50,510 sq. ~. subject to road easement ] 6.46 units per acre " ) 8.11 Units per acre ] The Applicant has stated that he believes the gross density calculation should be allowed. Staff has raised concerns that perhaps the area subject to the road easement should be excluded from any calculations in order to be consistent, with how net density is calculated. The Applicant's reason for why the gross density.Calculation should be used are as follows' 1) 2) 3) 4) Under previous zoning regulations he was allowed a greater density on this land that would allow him to develop at least eight units on that property. That the Applicant was not aware that the City uses net density calculations in determining maximum allowable density in urban areas. This land was under a development moratorium in the late 90s that prevented the Applicant from developing the land. The property could be developed without any need of a subdivision and dedication of the Nowthen Blvd. right-of-way, and thus the Applicant will still retain fee title to the area subject to the road easement. From Staff's perspective, while the Subject Property had higher development rights in the past, there are no grandfather rights to higher density that carry through to present day. In regards to density calculations, the City has excluded major road right-of-ways for at least 10 years, if not longer. Previous codes have only allowed gross density calculatiOns in rural .areas. While it is true that the Subject Property was under a development moratorium in the 90s, Staff is unsure how it affects the justification of granting a variance. The Applicant is correct that Subject Property could develop without a subdivision and right-of-way dedication, and therefore, he could still retain fee title to the area subject to the road easement. Recommendation: From Staff Review, it is indisputable that the Applicant owns fee title to the area subject to the road easement for Nowthen Blvd. The question before the Board of Adjustment is whether to use this area in density calculations. From a strict reading of City Code and the Comprehensive Plan, the area subject to the road easement, needs to be excluded and thus the Applicant only has development rights for six units on the developmdnt parcel. 12