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