Loading...
4.1. BASR 05-13-2008// City of Elk .~ REQUEST FOR ACTION River To Item Number Board of Ad~ustments 4.1 Agenda Section Meeting Date Prepared by Plannin Items Ma 13, 2008 Sheila Cartne ,Senior Planner Item Description Reviewed by Request by Raymond Christensen for a Variance to the lot size erem Barnhart, Plannin Mana er requirement case# V08-04 Reviewed by Action Requested Staff recommends that the Board of Adjustments recommend approval of the Variance request, as illustrated on drawings dated received March 18, 2008, with the following conditions: 1. If the variance is approved an Administrative Subdivision is required to create two lots. Background/Discussion The subject property was platted in 1954 as Lots 4 and 5 Block 6, Westwood Subdivision. Lot 4 was platted with 80 feet of frontage and 8,219 square feet in area. Lot 5 was platted with 83 feet of frontage and 9,748 square feet. In 1988 these lots were combined into one PID number, but maintained Lot and Block description along with a description of the combination. Attachments Location Map Applicant's Narrative Site Plan(s) Case File: VO8-04 Page 2 General Information Variance Ray Christensen A licant Ray Christensen 60 Day Rule The application has been deemed complete as of March 20, 2008. The City must take action by May 20, 2008. Location Existing Use Land Use Plan Designation Current Zoning Subject Single family Urban Residential R1c residential Property North Single family Urban Residential R1c residential South Single family Urban Residential R1c residential East Single family Urban Residential R1c residential West Single family Urban Residential R1c residential Overview/Analysis The variance request is for lot size. In the R1c zoning district in sewered areas, the minimum lot size is 11,000 square feet with a lot width of 80 feet. Also the subject site is in a shoreland overlay district which has greater restrictions on lot size and impervious surface. Since the proposed lots are both riparian lots (abut Lake Orono) the minimum lot size is 15,000 square feet with 80 feet of width. The applicant proposes to split the lots to create two lots; one of which will be around 8,265 square feet and the other around 9,702 square feet in area. This is similar to the size when they were first platted. The lot size minimum requirements in the shoreland overlay district were adopted in 2005. There is a single family home on the west side of the lot and a shed on the east side. If the variance is approved the applicant will apply for an administrative subdivision to separate the lot back into two lots as it once was. The single family home will remain and the shed most likely will be removed. It appears setbacks will be met with the new property lines. The applicant has not provided a survey at this point if the variance is approved the applicant should verify the setbacks and property lines prior to recording the variance. In 2004 the property to the west was granted a variance for the lot width requirements. South of the subject site, at the intersection of Tipton and Upland, similar variances were granted. The lot size is not out of character for this neighborhood. S:\PLANNING MAIN\Case Files\Variance\V 08-04 Christensen\BOA report.doc Case File: V08-04 Page 3 Applicable Regulations Variance Criteria Variance Ray Christensen 7. Literal enforcement of the ordinance will cause undue hardship. Without granting the variance, the applicant would be unable to subdivide his property. Other properties of similar size in the same general vicinity have been granted a subdivision for two lots, the most recent of which was located adjacent to the property (Case V04-07 Plaisted). 2. The hardsh~ is caused b~.r~ecial conditions and circumstances which are peculiar to the ~rot~erty and the structure involved and which are not characteristic of or a~licable to, other lands or structure in the same area. The lot is adjacent to Lake Orono which requires larger lots than the minimum for that zoning district. Smaller lots are not out of character for this neighborhood. 3. The sbecial conditions and circumstances are not a consequence of the~etitioner's own action or inaction. The property was combined in 1988 to have one PID number. At that time the two lots met the minimum requirements of the ordinance. 4. The literal a~lication of the ~irovisions of this ordinance would de~irive the petitioner of rights enZoYed by other ~ro~erties in the same district under the terms of this ordinance. Literal application of the dimensional requirements would deprive the applicant of the opportunity to subdivide his property, similar to other properties in this same general neighborhood. The property does have a single family home and is being used as a single family lot, subdivision is not guaranteed. 5. The variance will not be injurious to or adverse a~ect the health, safe or welfare of the residents of the cit~r the neighborhood where the~ro~erty is located and will be in keebing with sbirit and intent of the ordinance. If approved the two lots will be consistent with the majority of the lots in the neighborhood. The property is within the Shoreland overlay district, stricter rules apply for subdivision and development that will protect the health safety and welfare of the residents. Action Motion by Second by Vote Follow Up S:\PLANNING MAIN\Case Files\Variance\V 08-04 Christensen\BOA report.doc cry of E1 River Private Drives ~ Location Map N Case Number: V 08-04 CHRISTENSEN 3-~~-0~ REEE~vEO MAR 19 ~ /~G ~/2 ly1 p.~ iP~r~ SD~f % Dom' ~7 /.~.e l~itl C ~ ~'~S /~?Oa//-~ f'~.4° ~ ...,. S~C"1!!?/~ ~.0 7`` .a` ~'' c.S~~/DU,L/J i I ~ L d~ /"` /~ / /~~ ~ /'_ ~ Cam- ~!.- G l~.~ry T .Pew • -Z Zia U L ,Q ,~ 2F~~°~ e.... // a ~` 7-,¢y !~/ ~? Y' ~ ~~ ~c~~S~ ~ .~/ ,moo ~ ~~ ,y~~/~-'~~".~ ~~ ~ r/ ~! s ~.. D ~" ~f~f!'e. ~ ~•~ X ~ s r-~ .moo ~~'~~~~ r~?~~~T~f.~~r~~c~ ~~ ~s ,- . `S~' /!/itl .C o ~ ~' CAL 17 , f'!' ~ ~i9~/~ S / r r ~~ /~ 0 1/P ~~~ .~~ X 1 ~~"/ir1~ c5'/~~~ ~ ir~~o.~or/i~~ -i ,`.fie ~ ~ ~~ e,e~ . ~/ / !/!G d !~! ~Y 2G~ ~d~j~ ~'o kfrSTie ~G / o ~ ®~ ~ !S ~l7 ~ !3 pry ~~l 7`"~- GvD [!L ,~ ,C3 e ~ ~~ '~T,~=',~? /~,E/5! ~' / D ~ -fie /~~ ~''~'~ !`~~©/C~ _" ,~-~6 00 ~~c~-~ e"« '~` ." • ~ ~ A. ~ ~. 9E '~11_.. +~.ane~wniw~ag vA+F . . +r ~_~ ;: , ',` ~~ ' . ~ h .. ~ ., .. + ; _ . Y ~.~. ~ ~; _. - V '. is 12 0 ~ - Y l ~ ~ ~'. r -, : : _ , .- ~ o Q ~ .. _' r`; ~ ~ 'h ~ _ e+'~ ^ ~' ~ ~ y 7 ~ b o ~. 6 d y R ~ti , _ ~.rs < ~ ~E D a~,-~r~ ~. n~j ~~ , : . ,, : , x !: ~Gt a ~~ eD ~~ ~ ~ ~ ~ \ .. aQa; ' 42 ~~~ ~ ~; ~~ ~ ~: 2k G~~b `k ,~~ ~,~ ~`'~~~ , s ~,o . . ~3;G~ ~ -. ~ ~N A o, ~,`,~,, ~(4 , C~7 ~ ~ ~ ~ '~ l ~ ' ~. . ~ : } ,gyp. 1 ~ _ [,tea ~n~ QUT ~ ~ ~`._A = ~ ~ r, .. ' l~as z oo' ~. ~ .. ~ ~. 9 _ A ., N u ~ ~ ~ . ~+ _ e. /7d. ~- __. Vic, `, RECEIVED 18 2I>fl8 MAR ~ l ~ ~. ~: ... ~~~ ~! ~df~~ ~Jl'Q,r~e~f Q'~~~'C~~,~~ Qn~ tf~s ~~c~`7~