City Council Study Session Agenda and Packet 2017 05 23

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SUBJECT: DATE: SUBDIVISION ZONING VARIANCES MAY 23, 2017 PAGE 3 OF 8 B. Hear and decide, grant or deny applications for variances from the provisions of this title. In granting any variance, the board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this title. The board may grant a variance only if it makes findings that all of the following requirements, insofar as applicable, have been satisfied: 1. That there are unique physical circumstances or conditions such as irregularity, narrowness or shallowness of lot, or exceptional topographical or other physical conditions peculiar to the affected property; 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located; 3. That because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this title; 4. That such unnecessary hardship has not been created by the applicant; 5. That the variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property; 6. That the variance, if granted, is a minimum variance that will afford relief and is the least modification possible of the provisions of this title which are in question; Applicability to Old Town: While the subdivision variance procedures are applicable to development throughout the City, Council has raised specific concerns about zoning variances as they may relate to residential subdivisions in Old Town. Old Town has many properties that were platted prior to the adoption of the existing subdivision requirements and tends to see more applications for residential subdivision. Old Town includes approximately 970 residential parcels zoned both R -L and R -M. Both zone districts have a minimum lot area of 7,000 square feet and the R -L and R -M zone districts have 60 and 70 -foot minimum lot widths respectively. Staff estimates that there are approximately 20 properties in Old Town that have the minimum lot area necessary to subdivide, excluding government and institutional properties, and only five of the 20 properties have the lot width necessary to subdivide. Any property that does not have the minimum lot area or lot width necessary to subdivided would require approval of a variance as part of the subdivision request. CITY COUNCIL COMMUNICATION 7