RES 86209 - Laserfiche WebLink

The other major issue raised was the impact of more intensive development on neighboring land owners. Although the subject property is zoned R-1-6500, it is in an area that has a variety of lot sizes. The current size, 15,510 square feet is not unusually large for the area. Staff felt that maintaining larger lots for the area south of the Foust residence, which is a designated historical structure, would limit the impact on that residence as well as on the other neighboring properties. Ms. Foust has no objection to the subdivision as proposed, and no other property owners had responded at the time of the hearing by the Board of Adjustment. Subsequently, staff has heard from several neighboring property owners objecting to the proposed lot split. Please see the two attached letters detailing their concerns The main concerns raised by these neighbors are general crowding of the area, increased traffic, and the possibility of setting a precedent that would enable the lot immediately to the east to subdivide and, thereby, threaten the health of the heritage oak tree on the lot. The first two concerns have been addressed by staff in the report to the Board of Adjustment and in this report. The third concern, that of setting a precedent for the adjoining lot, has not been addressed. If and when the owner of that lot applies to subdivide his/her land, that case will be addressed individually, regardless of the eventual disposition of this case. But certainly the outcome of this case will be considered in the analysis. In any case, the provisions of the City's Heritage tree Ordinance will be utilized to protect the health of the tree. Required Findings Three findings are required for approval of a variance. The applicant must demonstrate (1) that special circumstances unique to the site can be found; (2) that the proposal will not constitute a grant of special privilege; and (3) that the health, safety and general welfare of the surrounding area are not jeopardized by the request. The variance is granted not be degree, but based upon specific findings and site conditions only. Because of the fact that the subject property lacks frontage on a public street and that its original creation required a variance, there are circumstances unique to this site. Therefore, the first finding can be made. The granting of the variance would create lots that meet the size requirements in the zoning district. Therefore, permission to do so would not constitute a grant of special privilege, and the second finding can be made. Page 2 SR 86:131