CCP 05-24-1999 - Laserfiche WebLink

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Page 3 e Staff is comfortable with the structure remaining, given that it is structurally sound, could be integrated into the proposed lot, and would meet the setbacks on the new lot. The applicant is maintaining a 10 foot wide easement along the north property line of the plat in conjunction with a 10 foot easement on the Bachman property, which accommodate the property owner at 3187 Lexington Avenue (Mr. Bachman) with access to Shoreline Lane using his existing driveway to the proposed right-of-way. The City and the property owner entered into an agreement on September 26,1998 related to various code enforcement matters on this property. The property owner agreed to remedy all of these issues prior to Wednesday, November 25, 1998 (60 days from September 26, 1998). All code enforcement issues have been resolved however, a $1,118.80 fee for legal fees remains. Final plat approval should be conditioned on payment of those fees. The Subdivision Ordinance in Section 22-12, (a), ofthe City Code discusses the grounds for granting a variance from the subdivision regulations. Section 22-12, (a), of the City Code states: The City Council may grant a variance from these regulations following a finding that all the following conditions exist: tit (1) There are special circumstances or conditions affection said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land; (2) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and (3) The granting of the variance will not be detrimental to the public welfare in injurious to other property in the territory in which said property is situated. In making this finding the Council shall consider the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect ofthe proposed subdivision upon traffic conditions in the vicinity. In granting a variance as herein provided the Council shall prescribe only such conditions that it deems desirable or necessary to the public interest. The lots in the neighboring area (South of Edgewater Avenue and North of County Road D) have lot widths that range from 45 feet to 149 feet in width. Staff would conclude numerous lots in the neighborhood are of similar nature being 80 foot wide where 85 feet is required and that the proposed lots would comfortably fit into the wide range of lot widths in this neighborhood. With the last two planning cases (98-33 and 99-01) related to this site, staff received several letters from residents. These letters seem to apply to this Planning Case as well (Exhibit D). e