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STAFF RECOMMENDATION <br />Staff recommends the Planning Commission consider issues involved with denial of variances <br />for lot area, lot width, lakeshore setback, rear setback, structural coverage and hardcover in the O' <br />to 75' lakeshore setback to deem the lot buildable, as well as issues involved in granting the <br />necessary vari. nces to construct a residence. <br />If the Planning Commission wishes to deny the variances, the following reasons should be <br />considered: <br />The lot has historically been vacant and has not conformed to zoning requirements since <br />the adoption of the 1967 zoning code, prior to the sewer project. The construction of the <br />proposed residence would result in a non-conforming structure where none had <br />previously existed. <br />While a sewer "Y" is in place for the addition of a sewer stub for the subject property, the <br />fact the property was never assessed for a sewer unit creates doubt as to whether the lot <br />was considered buildable at the time the sewer project took place. <br />The assessed land value of the subject property has historically been less than adjacent <br />properties with residences, indicating the possibility it has not been ta.\ed as a buildable <br />lot. <br />According to the study conducted in the 1980's, .39 acre is the smallest lot area variance <br />granted in the LR-IB Zoning District. In the LR-IC zoning district, the smallest lot area <br />variance granted on a vacant lot was .35 acre. Approving the lot area variance would set <br />a new lower lot area precedent. <br />Denial of all necessary variances to build would not result in a taking according to the <br />City Attorney. <br />If the Planning Commission wishes to approve the necessary variances, staff recommends the <br />following approvals and amendments to the proposal: <br />Staff recommends approval of a lot area variance of .83 acre to allow the lot to remain at <br />,17 acre where 1 acre is required. <br />Staff recommends approval of a lot width variance of 81 ’ to allow the lot to remain at the <br />existing 59' at the OHWL and existing 60' at the 75' setback where 140' is required. <br />U2296 Robert Bredeson <br />1395 Rest Point Road <br />Variances <br />1/20/98 <br />Page!