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CCP 05-13-2002
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CCP 05-13-2002
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<br />l\1enlo to Pla1llling C01nmission <br />Planning Case #02-07: Preliminary Plat and Variancc <br />Page 4 of 6 <br /> <br />. <br /> <br />access drive, which would ultimately split. Under this scenario, it will be necessary to <br />provide a perpetual private ingress/egress easement for Parcel B. <br /> <br />10. Park dedication. The preliminary plat provides for no dedication of park land. The Park <br />Service Area map from the Comprehensive Plan does not show a need for a park on this <br />site. Accordingly, staff is recommending payment of a park dedication fee in-lieu of the <br />dedication of park land. <br /> <br />11. Variance. The subdivision regulations in Chapter II of the City Code discuss the <br />grounds for granting a variance from the subdivision regulations. Section 1105.01 of the <br />City Code states: <br /> <br />Subd. 1. The City Council may grant a variance from these regulations following a <br />finding that all the following conditions exist: <br /> <br />(1) there are special circumstances or conditions affection said property such that <br />the strict application of the provisions of this chapter would deprive the applicant <br />of the reasonable use of his land; <br />(2) The variance is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant; and <br />(3) The granting of the variance will not be detrimental to the public welfare or <br />injurious to other property in the territory in which said property is situated. <br /> <br />. <br /> <br />Subd. 2. In making this finding the Council shall consider the nature of the proposed <br />use of land and the existing use of land in the vicinity, the number of persons to <br />reside or work in the proposed subdivision and the probable effect of the proposed <br />subdivision upon traffic conditions in the vicinity. In granting a variance as herein <br />provided the Council shall prescribe only such conditions that it deems desirable or <br />necessary to the public interest. <br /> <br />The applicant is specifically requesting platting varianees for a private access drive for Parcel B, <br />and for a reduced accessory structure setback created as a result of the new lot line. Given the <br />fact that only one lot will be served with the private access, this does not appear to be <br />problematic. <br /> <br />The Zoning Code limits setbacks for accessory structures, such as garages, to 10 feet from the <br />property line. With the creation of a new lot line, the existing garage on Parcel A will be 8 feet <br />from the property line for Parcel B making it non-conforming. Given the fact that 5 foot setbacks <br />are allowed in other residential districts, and the property adjacent to the existing garage is <br />essentially driveway for Parcel B, this does not appear to be problematic. <br /> <br />4 <br /> <br />. <br />
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