11-13-2000 Council Packet - Laserfiche WebLink

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Variance: The variance requested is to permit the lot located at 420 Orchard Park Road to be considered a buildable lot that does not meet the 5 acre minimum lot size for the RR-1A zoning district. The lot is 4.34 acres in size but does have 300' of width at the defined front lot line. The front lot line would be the east property line. Front property lines are defined as “That boundary of a lot which abuts an existing or dedicated public street, and in the case of a comer lot it shall be the shortest dimension on a public street.” Because the property is adjacent to a dedicated public street, although undeveloped, the shortest of the two property lines adjacent to the dedicated right-of-way is considered the front lot line for zoning purposes. Vacation: Exhibit B shows the area of the public right-of-way that is requested to be vacated by the applicant. The vacation would benefit the applicant in tw o ways. The vacation would increase the size of the applicant’s property by over 31,000 s.f. creating a lot of 5 acres. The lots within the plat of Orchard Park average 4.8 acres in size. The 33’ dedicated for public right-of-way adjacent to each lot is the additional land required for the lots to meet the 5 acre lot requirement. Secondly, vacation of the right-of-way would eliminate the possibility of a driveway or road being routed around the property. Staff has reviewed the vacation request and would recommend the right- of-way not be vacated until the property to the north develops and access has been secured to the other land locked properties. Surrounding Properties: A lot combination has been completed on the lots located to the north of and surrounding the subject property. The total land area of those lots is approximately 23 acres (Lots 5, 6, 7, 9, 10 Orchard Park). Although unlikely, a lot could be split leaving a property north of the subject lot w ithout any access to a right-of-way except the 33' dedicated on the plat of Orchard Park. The plat of Jacobs Mill, completed in 1999, is east of the plat of Orchard Park. No access to Jacobs Mill Road would be available due to a large wetland located on Lot 6. The connection to the north would not be possible. The applicant has stated he would be willing to dedicate an easement in favor of property to the north creating a shared driveway across the 420 lot for access to Lot 7 as a condition of the right-of-way vacation. Proposed Grading Plan: The grading plan shall be approved by the City and MC WD prior to issuing a land alteration permit for the driveway. No building permit could be approved for the house until such time the driveway is constructed and approved by the City and MCWD. The NWI shows a small wetland basin in the #2626 William B. and Lynne Pcierron 420 Orchard Park Road Variance and Vacation of Platted Road Page 2 'i