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7b RCA UPDATED Page 7 of 13 In recognition of the importance of the Marion Street Greenway, however, the PRC’s recommendation 222 contained a caveat that the trail also be included as part of the Public Improvement Contract. For 223 reference, the trail easement shown on the preliminary plat is about 4.8% of the total land area. 224 Subdivision Variance 225 The proposed plat includes a cul-de-sac street that is about 620 feet in length. Because this exceeds the 226 500-foot maximum length established in §1103.02.F of the City Code, the proposed plat relies on the 227 approval of a subdivision variance as noted earlier in this RCA. Section 1102.02.C of the City Code 228 establishes a mandate that the City make four specific findings about a subdivision variance request as a 229 prerequisite for approving the variance pertaining to the nonconforming length of the cul-de-sac street. 230 In its recommendation to approve the subdivision variance the Planning Commission made the 231 following findings. 232 1. The proposal is consistent with the Comprehensive Plan. The proposal is generally consistent with the 233 Comprehensive Plan because it represents the Comprehensive Plan’s goals of providing a variety of 234 housing types in the community. 235 2. The proposal is in harmony with the purposes and intent of the zoning and subdivision ordinances. 236 The purposes and intent of the subdivision ordinance as it applies to the length of a cul-de-sac street is to 237 ensure there are adequate ingress/egress provisions for emergency response vehicles and that the new 238 residents of the proposed development have a robust connection to the city’s transportation network. 239 The proposal is in harmony with these purposes of the subdivision ordinance because most of the 240 residential lots themselves are within 500 feet (i.e., the maximum length of a cul-de-sac street) of Galtier 241 Street, and those which are further from Galtier Street abut the proposed Marion Street Greenway. 242 Moreover, the proposed street will allow proper ingress and egress for emergency vehicles as long as 243 on-street parking is only allowed on one side. 244 3. An unusual hardship on the land exists. The dramatic drop in elevation across the site from the 245 southern portion of the subject property toward the north renders the prospect of a street connection to 246 Marion Street cul-de-sac or to S McCarrons Boulevard (or both) infeasible. This obstacle to designing a 247 street to intersect with the surrounding network (and thereby obviating the limit on cul-de-sac street 248 length) constitutes an unusual hardship, which the subdivision variance process is intended to relieve. 249 4. The variance, if granted, will not alter the essential character of the locality. If the requested 250 subdivision variance is approved, the approval will not alter the essential character of the locality 251 because all of the five nearest cul-de-sac streets (i.e., Marion Street, Woodbridge Court, Western 252 Avenue, the eastward segment of Wagner Street, and the westward segment of Wagner Street) exceed 253 500 feet with respective lengths of 850 feet, 550 feet, 675 feet, 660 feet, and 1,150 feet. 254 Zoning Variance 255 City Code §1004.10.B (MDR Setbacks) requires single-family, detached dwellings to be set back at 256 least five feet from interior side property lines. The minimum side yard setback requirement is primarily 257 intended to preserve a minimum distance (i.e., at least 10 feet) between dwelling structures. Section 258 1009.04 (Variances) of the City Code explains that the purpose of a variance is “to permit adjustment to 259 the zoning regulations where there are practical difficulties applying to a parcel of land or building that 260 prevent the property from being used to the extent intended by the zoning.” State statute further clarifies 261 that “economic considerations alone do not constitute practical difficulties.” 262 The proposed arrangement would still preserve the 10-foot separation between dwelling units, the 10-263 foot yard on one side of each lot would likely be more useful to the future homeowners than a five-foot 264 yard on both sides, and a homeowners’ association can prohibit any structures being built or expanded 265