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AGENDA ITEM Prepared By: LLO Reviewed By: J. Barnhart Approved By 1. Purpose. Consider a lot area variance for 200 Bederwood. 2. Background. Mr. Azad owns 200 Bederwood Road (LR-1A, 2 Acres) and an existing 2.08 acre lot to the east (PID 05-117-23-13-0055, “Lot A”); this lot, considered a lot of record, does not have frontage or access to a public or private road. Mr. Azad proposes to establish a driveway easement through his current lot at 200 Bederwood to provide access to Lot A. Per City Code (82-254), Public and private rights-of-way, vehicular or pedestrian easements, or surface areas below the ordinary high water mark of any surface water or wetlands or floodplain areas may not be used in order to meet any portion of the minimum lot area requirements. 200 Bederwood is currently substandard in area and subtracting the new driveway easement would decrease the lot area by roughly 8,062 sq.ft. 200 Bederwood is requesting a lot area variance to accommodate the proposed driveway easement. 3. 15.99 Deadline. The applicant made a complete application on December 17, 2019. Following the 60-day review the application would expire February 15, 2020. An administrative 60-day extension was issued, the application will expire on April 15, 2020. 4. Planning Commission Vote and Comment. The Planning Commission reviewed the application at their meeting on January 21st. They discussed the responsibilities of individual service lines. The Commission also discussed the lot area variance for the purpose of creating access to a lot with no frontage. Commission Gettman raised concerns regarding the placement of the proposed easement in relation to the neighboring property owners. The Commission voted 3-1 to recommend approval of the proposed lot area variance. (Gettman voted no.) 5. Public Comment. The neighbor across the street at 185 Bederwood Rd has provided a letter of support. The neighbors located at 222 attended and spoke at the Planning Commission meeting. They voiced concerns regarding their current sewer service line, the proposed location of the driveway and its impact on the existing current tree line. The minutes to the Planning Commission meetings are included as Exhibit C. The applicant has noted to staff there are roughly 5 trees located in the proposed easement area and 3 of these are dead. Regarding the sewer service line, there is currently a city sewer line and man hole located within 200 Bederwood Rd. This trunk has 3 service connections (200 Bederwood, 222 Bederwood, and “Lot A”). The service line for 222 Bederwood is not protected by an easement, the property owner has been advised to work with the applicant to secure an easement to protect their interest. Property owners are responsible for their individual service lines and securing an easement over their individual service lines when it crosses private property. 6. Staff Recommendation. Planning Department Staff recommends approval. The Council may wish to review the advice of the City Attorney when reviewing this application. COUNCIL ACTION REQUESTED Item No.: (Leave Blank) Date: February 10, 2020 Item Description: LA19-000101, Al Azad, 200 Bederwood Road, Lot area Variance Presenter: Laura Oakden Planner Agenda Section: Planning department report