05-22-1998 Council Packet - Laserfiche WebLink

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During this period of time, it has been a practice of staff to ask each applicant to make a clear statement of hardship and need. The immediate needs of the applicant have carried great weight in that review process. Variance reviews that involve sections of tht. Code currently under consideration for amendment become a major balancing act for the reviewing staff and member of the Planning Commission. Very often, standards currently under consideration become conditions of variance approval. You should also be aware that both staff and the Planning Commission thought we had developed an acceptable draft on at least three other occasions. Our residents/applicants have understood the difficult aspect of this process. The majority of cities would have called for an interim ordinance. At the Planning Commission Meeting of May 15th, it was obvious from the staff memo that your applicate , with certain modifications, would meet the standards of the curr^xit draft ordinance presented for action later that evening. They voted to table your application advising that your proposal may not require variance approval and that your application fee would be refunded. The Ordinance Amendment was approved by the Planning Commission with slight modification. The Accessory Structure Ordinance will be presented to the Council for their consideration and action at their May 22nd meeting. A copy of that draft ordinance has been enclosed for your consideration. Please note that the amendment asks for a minimum side setback of 50* for all properties within the 5 acre zoning district. Your site plan shows a 35.6* side setback. Staff has confirmed the area of your property is approximately 5.6+- acres of dry, contiguous land with no designated wetlands. At the May 8th meeting of the Council, a CounciImember asked that an interim ordinance be enac'^d for a limited period of time until the Council had adequate time to review the draft ordinance. It is staff's position that an interim ordinance serves no purpose at this time. The following options are available to you at this time: 1. Request the withdrawal of Application #1400 and the refund of application fee; OR 2. agree to the tabling of Application #1400 for a limited period of time until Council formally adopts an Accessory Structure Amendment. At that time, your current proposal will be evaluated to determine if a variance is still required. If not, your fee will be refunded. If a variance is required, your application will be placed on the agenda for the next regularly scheduled meeting of the Planning Commission.