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a. The proposal is consistent with the Comprehensive Plan. Planning Division staff finds 44 that the proposed minor subdivision to create a substandard parcel is generally consistent 45 with the Comprehensive Plan in that it represents continuing investment in a residential 46 property in a way that is compatible with the surrounding neighborhood. The existing 47 situation includes legal, pre-existing non-conforming lots and the proposal, although still 48 non-conforming, will make the lot more compliant by reducing the degree to which it is 49 substandard. 50 b. The proposal is in harmony with the purposes and intent of the zoning ordinances. The 51 minimum lot standards listed in §1017.14 were established in 1974, well after the 3 lots 52 were platted. The proposal to reduce the number of lots along this street is in keeping 53 with the purpose and intent of the Code and is in harmony with the lots/parcels and past 54 approvals of the adjacent neighborhood; Planning Division staff believes that the 55 proposal is consistent with the intent of the zoning ordinances because the new parcel 56 reduces the number of properties impacting the public water (Lake Owasso) increases the 57 lot/parcel size thus reducing the non-conformity, and creates a parcel with greater lot area 58 and flexibility to develop a single family home that otherwise might be constrained under 59 the existing lot dimensions. 60 c. The proposal puts the subject property to use in a reasonable manner. Whether the 61 change in lot lines occurs or not, the property could be put to a reasonable use; single 62 family residences could be built on either Lot 10 or Lot 9 consistent with existing 63 dimension requirements. That said, the Planning Division believes that allowing the 64 three lots to be reconfigured into a single developable lot with the residual land area 65 being combined with the adjacent parcel better suits the neighborhood, creates fewer 66 impacts on the environment, and provides more open/green area. Such a request and 67 deviation from current standards seems reasonable given the potential impact that could 68 occur under the existing lot configuration if two homes were to be constructed on lots 69 with much narrower widths. 70 d. There are unique circumstances to the property which were not created by the 71 landowner. Platted lots of record are allowed to be developed under Code and adjusting 72 lot lines under this proposal reduces the non-conformity and impact on the lake. 73 Planning Division staff finds that the establishment of lot-size minimums with the 74 original Zoning Code in 1959 and subsequent lot-size standards established under the 75 shoreland requirements of 1974 created a unique circumstance that justifies the approval 76 of the requested . 77 VARIANCE e. The variance, if granted, will not alter the essential character of the locality. Although 78 the proposal is to create a parcel 25 feet in width less than the minimum required in 79 §1017.14 of the City Code, the proposed parcel is wider and has greater square footage 80 than the existing Lots 10 and 9, Lake Owasso Villas, and represents a more consistent 81 lakeshore lot size than has been recently developed and supported by the City. For this 82 reason, the , if approved, would not negatively alter the character of the 83 VARIANCE surrounding residential neighborhood. 84 Section 1009.04 (Variances) of the City Code explains that the purpose of a is “to 85 VARIANCE permit adjustment to the zoning regulations where there are practical difficulties applying to a 86 parcel of land or building that prevent the property from being used to the extent intended by the 87 zoning.” The proposal appears to compare favorably with all of the above requirements essential 88 for approving variances. Moreover, the proposal creates a parcel that, although still 89 PF15-021_RVBA_110415 Page 3 of 4