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established in Chapter 1103 (Design Standards) of the subdivision code. The recommended 45 subdivision and the applicable standards are reviewed below. 46 City Code §1103.02 (Rights-Of-Way) 47 Local streets, like Burke Avenue, require 60 feet of right-of-way (ROW). Burke Avenue 48 presently lies in the 30 feet dedicated as the southern half of the ROW, and this section of the 49 subdivision code would require the dedication of the remaining 30 feet of ROW from the subject 50 property. While the Public Works Department does not presently have plans to widen or relocate 51 Burke Avenue, all of the subject property's western neighbors—all the way to Lexington 52 Avenue—have dedicated the required 30 feet of right-of-way for their respective plats or 53 subdivisions occurring as recently as 1995. 54 The property's two neighboring parcels to the east, however, have been similarly subdivided but 55 have not dedicated Burke Avenue ROW. After reviewing the planning files on these two 56 subdivisions, also from the 1990s, Planning Division staff believes that proper rights-of-way 57 would've been dedicated by both of the subject property's eastern neighbors but for apparent 58 procedural errors in both subdivision approval processes. 59 County Road B is classified as an “A Minor Reliever” roadway; as such, §1103.02 does not 60 specify minimum ROW width standard. The current ROW standard for County Road B, 61 however, is 86 feet, so an additional 10 feet would need to be dedicated from Parcel A to 62 complete the 43-foot southern half of the County Road B ROW in that location. 63 City Code §1103.04 (Easements): Drainage and utility easements 12 feet in width, centered on 64 side and rear property lines, are required; the easements sketched onto the recommended site 65 plan will meet these requirements. 66 City Code §1103.06 (Lot Standards): Interior lots must be at least 85 feet wide, 110 feet deep 67 and comprise at least 11,000 square feet in area. The parcel boundaries in the recommended 68 subdivision would allow both parcels meet or exceed all width, depth, and area requirements. 69 Both parcels are 95 feet wide. Parcel A, being about 141 feet deep would have about 13,400 70 square feet of area, and Parcel B would comprise 11,000 square feet of area at a depth of about 71 116 feet. 72 VA ARIANCENALYSIS 73 Given the total parcel depth between Burke Avenue and County Road B, the large setback and 74 long driveway of the property’s existing improvements, and the requirement to dedicate 75 additional ROW, the subject property cannot be subdivided without at least one variance to 76 deviate from the ROW standards, the parcel size standards, or the impervious coverage limit. 77 Variances to zoning requirements are typically handled by the Variance Board, but §1104.05 of 78 the Subdivision Code authorizes the City Council to approve variances to subdivision 79 requirements. Whatever variance becomes necessary in this case will be a direct result of the 80 specific nonconformity that is created by actions integral to the subdivision process. Substandard 81 parcel size would deviate from standards currently contained in both the subdivision and zoning 82 de codes, but having the Variance Board act on such a variance would be for that body to make a 83 facto recommendation about the subdivision as a whole, which is not its role. And while 84 impervious surface coverage limits are a subject of only the zoning regulations, both the City 85 Council and Variance Board could only offer approvals for the subdivision and the variance, 86 respectively, which were contingent upon the other body’s decision if the subdivision and 87 variance aspects of the application were acted on separately. 88 PF14-017_RCA_081114.doc Page 3 of 6