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City Council Study Session Agenda and Packet 2017 05 23
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City Council Study Session Agenda and Packet 2017 05 23
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SSAGPKT 2017 05 23
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6/14/2017 9:45 AM
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6/14/2017 9:45 AM
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https://www.municode.com/library/co/louisville/codes/code_of_ordinances?nodeId=TIT16SU_CH16.04GEPR_S16.04.020PU
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6/14/2017 9:45 AM
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6/14/2017 9:45 AM
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https://www.municode.com/library/co/louisville/codes/code_of_ordinances?nodeId=TIT16SU_CH16.16DEST
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SUBJECT: <br />DATE: <br />SUBDIVISION ZONING VARIANCES <br />MAY 23, 2017 <br />PAGE 2 OF 8 <br />Sec. 16.12.075. - Action on preliminary and final plats. <br />A. In deciding whether to approve, approve with modifications, or deny a <br />preliminary plat or a final plat, the planning commission and city council <br />shall be guided by the following standards: <br />1. Whether the plat conforms to all of the requirements of this title; <br />2. Whether approval of the plat will be consistent with the city's <br />comprehensive plan, applicable zoning requirements, and other <br />applicable federal, state and city laws; <br />3. Whether the proposed subdivision will promote the purposes <br />set forth in section 16.04.020 of this Code and comply with the <br />standards set forth in chapter 16.16 of this Code and this title. <br />Sec. 16.16.050. - Lots. <br />Lot requirements are as follows: <br />A. Lots shall meet all applicable zoning requirements. <br />Chapter 16.24 of the Subdivision Ordinance allows the City Council to approve <br />"modification" from the Subdivision regulations. The City has historically interpreted this <br />section of the Code to apply to subdivision regulations contained in Title 16 only, and <br />determined this section does not provide authority to approve modifications to zoning <br />standards in Title 17. <br />Sec. 16.24 - Modifications. <br />The city council, upon advice of the planning commission, may <br />authorize modifications from these regulations in cases where, due to <br />exceptional topographical conditions or other conditions peculiar to the <br />site, an unnecessary hardship would be placed on the subdivider. Such <br />modifications shall not be granted if it would be detrimental to the public <br />good or impair the basic intent and purposes of this title. Any <br />modification granted shall be in keeping with the intent of the <br />comprehensive development plan of the city. <br />Section 17.48.110.B. of the zoning ordinance provides the Board of Adjustment the <br />power to grant or deny variances to any of the provisions with Title 17, Zoning. Zoning <br />variance requests are often related to development of a property that cannot meet a <br />particular zoning requirement as part of their building permit application. However, the <br />ordinance does not limit applications to those related to building permits, and currently <br />the Board reviews zoning variances related to subdivision requests. <br />Sec. 17.48.110. - Powers. <br />The board shall have the power to: <br />CITY COUNCIL COMMUNICATION <br />6 <br />
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