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Murlowski Industrial Park SUP Amendment, Site Plan Amendment, and Variance Planning Commission Report; 4-13-20 Page 9 VARIANCE REVIEW In General  Prior to this request for an SUP & Site Plan Amendment, the applicants had requested approval of a preliminary and final plat under separate application. It was that review which identified the access issues being addressed at this time. While the proposed Outlot A has show it could potentially facilitate a private or public road to service the properties, it does not front entirely upon any side of Lot 1, and Lot 1 would therefore continue to be nonconforming to the frontage requirement of Section 26-12(1). By code, a subdivision cannot allow an existing nonconformity to continue without a variance, hence this portion of the request. Section 26-19:  Per the City’s subdivision codes section 26-19, “The City Council may grant a deviation from the terms of this Chapter where the subdivider can show an exceptional and undue hardship on the enjoyment of a substantial property right provided such relief may be granted without detriment to the public welfare and without impairing the intent and purpose of these regulations.” Variance Review: 1. Will the deviation be a detriment to the public welfare? The proposed variance will have zero impact on the public welfare. Lot 1 is currently served by a private roadway on a 30’ ROW along the entirety of its northern boundary. As there is not a full 60’ of ROW for a potential future public road, staff viewed this frontage as a nonconformity that must be addressed. Rather than dedicate an additional 30 feet of ROW which would result in new legal nonconformities, the applicant’s agreed to show how a road could be constructed through the chimney of the property to address access concerns. As the provided plans successfully show a road could be accommodated, staff is very confident that Lot 1 could be served from the north or south in the future. Furthermore, the new access road would only be constructed if/when Lot 2 further develops in the future. Should that happen, the final road design and alignment would be determined at that time, and access issues for Lot 1 can be further examined and addressed. Criteria met. 2. Will the deviation impair the intent and purpose of the City’s subdivision regulations? Definitely not. The purposed an intent of requiring full frontage of ROW on every property is to protect access to the site moving forward. Given the platting of Outlot A and the continued existence of the existing 30’ ROW to the north, the City has no concerns that Lot 1 would ever lose access to a public road. Criteria met.