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Board of Adjustment Agenda 2008 04 16
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Board of Adjustment Agenda 2008 04 16
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BOAAG 2008 04 16
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4 <br /> y <br /> ratios. The Old Town Overlay was adopted in 1996 and was intended to preserve the residential <br /> character and scale of the Old Town area, while at the same time providing some greater zoning <br /> flexibility to existing non-conforming lots and structures. For smaller lots, it relaxed some of the <br /> lot coverage and setback requirements. The Overlay did not amend the minimum lot area and <br /> width requirements as established in the RL zoning district. <br /> PROPOSAL: <br /> The property owner, Creel Kerss (applicant), is requesting a variance to split the existing 15,000 <br /> SF, 100-foot wide lot into two lots: one lot (north) measuring 8,700 SF in lot area and 58 feet in <br /> width and the other property(south) measuring 6,300 SF in lot area and 42 feet in lot width. This <br /> proposal requires variances from the minimum lot size and minimum lot width requirements of <br /> the RL zoning district. The applicant intends on saving the existing home, which is the main <br /> reason why the lots have been proposed to be different sizes. The applicant has also stated that <br /> he is proposing to retain the 3 large existing trees that are currently located along Roosevelt <br /> Street. <br /> Staff tabulated the properties in the surrounding neighborhood which includes Bella Vista <br /> Subdivision, Kimberley Subdivision(West Street), Johnson's First Addition (Johnson Street), <br /> and Murphy's Place Subdivision (Roosevelt Avenue and Main Street). The properties in these <br /> areas range in size from 3,485 SF to 13,068 SF. In the sample size used (approximately 700 foot <br /> radius), 68% of the properties were 8,500 SF or smaller. <br /> If the variance requests were to be approved by the Board, a minor subdivision replat application <br /> would need to be submitted and approved through the Planning Commission and City Council <br /> public hearing processes. Upon approval of a minor subdivision plat, the property owner would <br /> be allowed to apply for building permits for the proposed new construction. Building permits <br /> would be reviewed for compliance with all requirements of the Old Town Overlay. <br /> REVIEW CRITERIA: <br /> The BOA has authority to hear and decide, grant or deny this application for a variance to <br /> Section 17.12.040, pursuant to the powers granted the BOA in Section 17.48.110 of the LMC. <br /> The BOA may grant a variance only if it makes findings that all of the criteria, as established <br /> under Section 17.48.110 1-6, have been satisfied, insofar as applicable: <br /> 1. That there are unique physical circumstances or conditions such as irregularity, <br /> narrowness or shallowness of lot, or exceptional topographical or other physical- <br /> conditions peculiar to the affected property. <br /> The subject property lies within the Johnson's First Addition Subdivision in the Old Town area <br /> (one of the southern most lots in the Old Town Overlay District). Lots in the surrounding <br /> subdivision's (Bella Vista, Johnson's First Addition, Kimberley's, and Murphy's Place)have lot <br /> width's varying from 37 feet to 80 feet and, lot areas varying from 3,485 SF to 13,068 SF. The <br /> subject property is 15,000 SF, with a lot width of 100 feet(150 foot lot depth). While a 15,000 <br /> SF single ownership parcel is larger than lots in the surrounding neighborhood, staff would not <br /> characterize this as a unique physical circumstance. Staff finds this criterion has not been met. <br /> 2 <br />
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