04-25-05 - Laserfiche WebLink

Home Browse Search

Update The property that the applicant is proposing to build the new home on is one and one half lots previousJy platted lots. The Jots were platted as 50 x 129.94 feet which is not consistent Witll the City's current standards for single-family lots in the R-2 Zoning District. Subsequent to the original platting of these lots, the applicant acquired half of a lot to the north (Lot 4, Lake Josephine Villas) of his 50 x 129,94- foot lot (Lot 5, Lake Josephine Villas) to create one tax parcel of 75 x 124.94 feet. The applicant is proposing to build the new home based on the tax parcel (75 x 124,94 feet) but the platted lot line would still exist and would run through the north 5 to 15 feet of the house. In order to eliminate the platted lot line running through the middle of the house; staff recommended a condition of approval that the property be re-platted into one lot (and thus make the tax parcel and platted lot lines consistent at 75 x 124,94). The Planning Commission discussed the issue of platting but desired a less cumbersome (or abbreviated) process for this particular situation, The result was the current wording of Condition number 4. . Staff has reviewed the PJanning Commission recommendation, the City's subdivision regulations (City Code Chapter 11: Subdivisions) and has consulted with the City Attorney about how to handle Condition number 4, First, no property is being conveyed as the applicant already owns the property considered for development. Second, the Minor Subdivision is not the correct process for this particular instance, Staff wouJd suggest one of the following alternatives to condition number 4: A. Require the applicant to plat the property as one 75-foot by 124,94-foot property. B. Consider the property under Chapter 11, Sections 1150.01 (Granting Variances) and . 1150,04 (Division or Consolidation ofPlalted Lots of Record) of the City Code. Section 1150.04, Subdivision 2 (Relation to Zoning Ordinance) states that "the parcels or tracts resulting from the division or consolidation, as depicted in the surveyor registered land survey, shall not have an area, dimensions or setbacks which are less than the minimum requirements specified for the zoning district in which the parcels or tracts are located in the zoning ordinance," Step 1: The City Council could grant the applicant a variance from the provisions of Section 1150,04, Subdivision 2 after making the following findings (under consideration of variances from Section 1150,01 of City Code Chapter 11): i, The hardship is not a mere inconvenience 11. The condition or conditions upon which the request is based are unique and not generally applicable to other property. 111. The gr3Uting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Following Step I the applicant's proposal would be able to be considered under Section 1150.04 of Chapter 11, and since the applicant has already submitted surveys showing the proposed development as one lot, no further platting procedure would be required, If \\Earth\Planning\Planning Cases\2005\05-11 KaTjalahti Variance (PENDING)\04-25-05 CC Report 05-II.doc . Page 2 of3