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\ • <br />V ^ <br />Zoning File 11295 <br />Page 2 of 3 <br />Access to this site has always been the issue surrounding the buildability <br />of the site. The difficulty surrounds the section of easement that extends <br />from Turnham Road running north and south to the Luce Line. The applicant <br />owns the rod wide track along the north side of the Luce Line up to an <br />extention of the west border of the subject property. Review Exhibit F. <br />Prior to the issuance of a building permit* the applicant must provide <br />proof of legal access through the properties on the north side of the Luce <br />Line and the appropriate lease from the DNR for the use of the Luce Line <br />right-of-way. <br />In review of contemporary land use records* approximately the last 10 <br />years* the only area variance in -the 5 acre zone was the recent Weestrand <br />Application #1161. The Weestrand property consisted of a total area of <br />4.76* 1.24 acres wetlands* for a total of 3.52 acres of dry land. The <br />application not only involved setback variances and a Conditional Use <br />Permit for construction of a driveway within the outer areas of the subject <br />wetland* but also involved the issue of common ownership. As the memo <br />stated above* this property is not involved with the issue of common <br />ownership and has been under single seperate ownership for many years. One <br />of the findings in the approval of that variance application by the City <br />Council was that there was no adjacent lands available. Staff can find no <br />confirmation that there was ever a denial on the part of Nr. Kokesh to sell <br />contiguous lands to Mr. Weestrand. ^If the Planning Commission feels that <br />this is a valid consideration for* this review that there are adjacent <br />undeveloped lands available* review Exhibits H and I. The parcel owned by <br />Reiersgord has 5* acres of dry* contiguous lands and it appears to be land <br />locked. There is an adjacent property* approximately .89 acre dry* <br />contiguous land adjacent on the west side. If the Planning Commission <br />feels it appropriate* the applicant may be asked to attempt to acquire <br />adjacent available lands. Reiersgord already has a potential buildable lot <br />and may not be interested in selling. <br />In review of the south 1/2 section of 31* <br />parcels: <br />11 or 35% are one acre or under <br />2 or 6% are between one and two acres <br />2 or 6% are within two to four acres <br />17 or 53% are between five and ten plus acres <br />out of the 32 independent <br />Staff Recommendation <br />To recommend approval of the area variance for the property located at 165 <br />Turnham Road based on the following findings: <br />1. The property consists of 4.29 contiguous*dry acres and satifies <br />the required lot width with 330* of lot width to the rear end of the <br />front yard setback line. <br />2. On-site septic testing confirms adequate area for on-site sewage <br />treatment systems for principal and alternate dralnfield sites. <br />3. The subject property was a conforming lot prior to the January 1* <br />1975 rezonlng to 5 acres. Prior to that date the lot area standard <br />was 1 acre. <br />4. The development of this property will have no adverse impact on <br />TjoJt oJF a_lijpv_______feLULJLJLj(5LaLJhJLj& supjp®jb Ijb Ijcl <br />“I I‘ar. <br />.•i <br />V f ■ ^ <br />I <br />*f <br />i • <br />y-.i <br />r Hr' ft <br />• '1 * <br />»i <br />V <br />f ■ ■ -