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CCP 03-25-1996
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CCP 03-25-1996
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<br /> ----- 'I <br /> ., <br /> (I) There are special circumstances or conditions affecting said property such _I <br /> that the strict application of the provisions of this chapter would deprive <br /> the applicant of the reasonable use of his land; <br /> (2) The variance is necessary for the preservation and enjoyment of a I <br /> substantial property right of the applicant; and <br /> (3) The granting of the variance will not be detrimental to the public welfare I <br /> or injurious to other property in the territory in which said property is <br /> situated, <br /> In making this finding the Council shall consider the nature of the proposed use of I <br /> land and the existing use ofland in the vicinity, the number of persons to reside or <br /> work in the proposed subdivision and the probable effect of the proposed I <br /> subdivision upon traffic conditions in the vicinity. In granting a variance as <br /> hcrein provided the Council shall prescribe only such conditions that it deems <br /> desirable or necessary to the public interest. I <br />1. Special circumstances or conditions. There exists sufficient area for the <br /> placement of the required right-of-way. However, the two existing homes would I <br /> become non-conforming structures, the two proposed structures by virtue of the <br /> required setbacks would be pushed off the plateau and onto the environmentally <br /> sensitive side slope above Karth Lake, large amounts of mature vegetation would I <br /> need to be removed, and due to the small amount of assessable frontage and the <br /> condemnation costs for half of the right-of-way, the cost of this road extension .. <br /> would be very large for the limited benefit it would provide. <br />2. Substantial property right. The property is 2.99 acres in size and currently I <br /> contains two single family dwellings, These dwellings have an average lot size of <br /> approximately 65,000 square feet. The average lot size in this neighborhood is <br /> approximately 35,500 square feet and the minimum lot size required by the I <br /> Zoning Ordinance is 14,000 square feet. The applicant is proposing to subdivide <br /> their property in a manner which forwards their right to reasonably develop their <br /> property in an environmentally responsible manner. The applicants request would I <br /> provide for four single family dwellings which would have an average lot size of <br /> approximately 32,600 square feet and would minimize the impact to the steep <br /> slope above Karth Lake, I <br />3. Public welfare. The provision of emergency services to any type of remote <br /> property is always an issue. In this development proposal the applicant is I <br /> expanding the use of this property without providing for a corresponding increase <br /> in public access to that use. The Staff has two principal issues with the expanded I <br /> use. Those issues are; provision of an adequate driveway and turnaround at the <br /> end of the driveway to facilitate emergency vehicles and provision of adequate <br /> signage to allow confirmation by the responding emergency personnel that they I <br /> are in fact at the right location. To this end, the Staff would recommend that the <br /> surface of the drive be kept in a condition to allow for the passage of emergency .. <br /> apparatus and that the appropriate sized turn-around be located at the North end of <br /> I <br />
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