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I I I Council Meeting Minutes March 25, 1997 Page 3 Council Business. continued A variance may be granted from the zoning ordinance when strict enforcement causes an undue hardship. There are several 50, 60, and 70 ft. wide lots in the neighborhood, and strict enforcement of the standards would not allow the applicant to put the property to a reasonable use. Granting the variance would not alter the neighborhood's character. Mattila said Parcel B's front and sideyard setback areas contain an old garage and shed left from the original homestead. The garage and shed are dilapidated, and are likely to be removed prior to construction of the new home. To ensure compliance, a condition requiring removal prior to building permit issuance is needed. The Planning Commission recommended approval of the lot split and variance. Larson said the Commission felt the garage and shed should be removed before a permit is issued. Gunderman verified previous monetary issues related to this parcel have been rectified. Motion by Gunderman, seconded by Larson, to WAIVE THE READING AND ADOPT THE RESOLUTIONS APPROVING PL-232 AND VN-310. 4 Ayes - 0 Nayes, Motion Carried. Mattila presented a request for rezoning from R-l to R-3B and site plan review for 32 townhomes to be constructed on three single family lots. The proposal complies with R- 3B district standards and parking ordinance requirements, however, it does not comply with site plan review requirements since it is lacking a detailed landscape plan. On March 18, the Planning Commission held a public hearing and recommended denial of R-141 and LP-3l5 (vote 5-2) based on: 1. Rezoning request being inconsistent with Comprehensive Plan's land use designation of single family residential for the site. 2. Rezoning of the subject site to R-3B allows for a more extensive development of the site than the R-l district would afford. 3. Requested rezoning represents a spot rezoning. 4. Incomplete site plan submittal due to nonsubmittal of a detailed landscaped plan. Hoisington, Koegler, Group (HKG), consultant for the Hwy 8 Corridor study, reviewed the proposal, and felt the corner site would be suitable for multiple family development. However, HKG felt the mature 100 year old oak trees should be preserved and incorporated into the site plan. HKG felt eliminating two units on the northwest corner would allow the trees to remain. Also, the City Forester advised against construction activity near the oaks until after July 1. Mattila said the higher density R-3B is more likely to remove trees and natural amenities than an R-l. An R-l overlay with Planned Residential Development (PRD) would allow up to 22 units which is 10 less than the proposal. Staff proposes the following options: 1. Approve the rezoning process with conditions of approval. 2. Continue consideration of the rezoning being that the request is inconsistent with the comprehensive plan designation and incomplete site plan submittal. 3. Direct staff to prepare a resolution denying the rezoning and site plan application. 4. Reenter the site into the Hwy 8 moratorium and expand the moratorium to include restrictions on the removal of significant trees in the corridor. Council Business Minor Subdivision and Lot Variance - PL-232 and VN-31O Report 97-069 Resolution 97-019 Resolution 97-020 Rezoning Request Cadwallader - R- 141/LP-315 Report 97-070