CCP 05-22-2006 - Laserfiche WebLink

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. . . Recommendation The Planning Commission reviewed Planning Case #06-013 and recommends denial (3-2 with I abstention) of the variance and preliminary plat, Commissioner Modesette abstained from the vote due to the proximity of her property to the applicant's property, The variance denial was based on the finding 1hat no hardship existed because there is sufficient space on the lot to construct a fu]] City street and cul-de-sac, which would be in conformance with the City's Subdivision Code, Sincc the variance was recommended for denial, the preliminary plat was included in the motion to recommend denial of the variance since Lots 2 and 3 do not have access to the public right-of- way and are not in conformance with the Subdivision Code without approval of the variance. Dan Larson, on behalf of Amities Coast, LLC, has requested that the application be tabled to give the applicant an opportunity to submit a revised application that is in fu]] compliance with the Subdivision Code (Attachment 7C-2), If tabled, the application would be remanded back to the Planning Commission for further review, The applicant has indicated that they wi]] be modifying the preliminary plat proposal to fully conform to the Subdivision Code and to eliminate the need for a variance. Options L Approve the proposal as submitted, 2, Approve the proposal with conditions. 3. Deny the application with reasons for denial. If the City denies the petitioners request, "".it must state in wliting the reasons for the denial at the time it denies the request" 4. Table the entire application for additional information, 5, Deny the variance portion of the application with findings and table the preliminary plat The preliminary plat and variance were submitted as one application and prcsented to the Planning Commission as being contingent upon each otheL However, upon further examination, the City Council docs have the option to deny the variance and table the preliminary plat This action would require the applicant to submit a revised subdivision design that meets the fu]] Subdivision Code without the need for a variance, If the applicant were unable to revise the design to be in fu]] compliance with the Subdivision Code, the City would still have the option to dcny 1he preliminary plat at a later mecting, A tablcd application, whethcr in fu]] or in part, would be rcmanded back to the Planning Commission for further review. If the full application is denied, the findings from the Planning Commission should be cited as the reason for the denial unless other findings arc developed. Once denied, Section 8,EA of the Zoning Ordinance states that an application cannot be resubmitted for the subject properties within six months of the date of denial. It may be possible to grant a waiver to this provision if the City Council so desires, \Vdelro-inCI.ld,ardenhillsiPlanningIPlnnning CasesI2006',06-0J 3 Amilies Coast Preliminary Plat & Van"ance (PEiVD1NGjW50!106 _ CC Repar/- amilies plat & variance.doc Page 3 of 4