05/04/2021 Minutes - Laserfiche WebLink

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Public hearing was declared open. No one else spoke in favor or opposition. Public hearing was declared closed. Motion was made by Larry Walker, seconded by Jerry Haning to approve the variance to Sections 9-201 and 9-301 of the Zoning Area Regulations required lot width of 60' to 58.81' and required lot depth of 120' to 110.98' based upon the 6 staff recommended findings of fact. Motion carried 5:0. 1. Although there are no unique conditions or features of the property which is not generally common to other properties with older platted lots in the city, it is the intent of the city to pursue changing the ordinance to make such variance requirements unnecessary in the future. 2. The literal compliance with Sections 9-201 & 9-301 of the Zoning Ordinance would cause unnecessary hardship given the fact that this is an existing lot of record, is substandard in lot width and depth, and the proposed two-family dwelling cannot be constructed without a variance. 3. The granting of the variance will not violate the spirit or the intent of this article. 4. The condition or feature which creates the need for the variance did not result from the property owner's own actions... 5. The variance by the applicant is not solely for personal convenience, financial hardship, or other reasons unrelated to the property. 6. The proposed use of a new two-family dwelling is a permitted use in the MF -1 Zoning District. 4. Public hearing to consider and take action on the petition of Russ Davis, on behalf of Johnny and Linda Miles, on Lots 6 & 7, City Block 188, being located at 1415 SE 6`h Street. The applicant requests a 10' width variance to request a 50' Right -of -Way (ROW) Local Street vs. a 60' required ROW Collector Street and a 29' paving width vs. a 39' paving width in the proposed J.C. Miles Subdivision as in required in Sections VIII (E) 14 & 15 of the Subdivision Ordinance. Andrew Mack, Director of Planning & Community Development, notified the board that the preliminary plat for property sought to be varied was recommended for approval by the Planning & Zoning Board to the City Council at the April 5th meeting. He then presented the variance request to the board. Director Mack explains that there is an inherent conflict within the City's Subdivision Ordinance that references a Local Street standard with a lesser ROW and street pavement width just above the requirement for the more strenuous requirement of a Collector Street 60' ROW and 39' of paving. Lastly, Director Mack stated that the City recommends approval based on the following staff findings of fact: