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VN-166
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VN-166
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2/26/2007 4:48:22 PM
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2/23/2007 3:02:01 PM
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Rectuest: VN-166, Variance to permit subdivision of property <br />with lots having less than the required minimum width. <br />. Applicant: Eugene F. Skiba <br />Location: 8th Street NW west of 11th Avenue <br />Zoninct: R-1 <br />Code Requirements: <br />Section 10-010 states th?t the minimum requirements for lot <br />dimensions in a single family residence district are: <br />1. 75 feet wide at established building setback line. <br />Sections 2-700 and 11-040 state that the crucial points of <br />a variance request are: <br />1. Undue hardship <br />2. Unique circumstances, and <br />3. Applying to property. <br />It is further stated that a variance is not justified unless <br />• all three elements are present in the case. <br />Discussion: <br />The applicant is requesting a variance in conjunction with <br />his application for preliminary plat approval to subdivide a <br />presently unplatted parcel into four lots with each lot having <br />74.5 feet in width. <br />The applicant has noted in his application that the parcel <br />only has access off of 8th Street and that because of the sizable <br />assessments, development into at least 4 lots is required, <br />The Zoning Code and platting regulations show an intent to <br />create lots of certain shapes and sizes. The question in this <br />case is whether the request violates the intent of these ordinances. <br />The lots would be uniform in shape and size, are six inches short <br />of 75 feet in width, are considerably over the 10,000 square foot <br />minimum area and should not cause any problem for access, development <br />or drainage. In these regards, the overall intent of the Zoning <br />Code and platting regulations would not appear to be violated <br />by this request. The Zoning Code does not, however, make provision <br />for one excess factor (i.e., greater lot area) to compensate for <br />• a deficiency (i.e., inadequate lot width). Therefore, the factors <br />
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