Variance and Conditional Use Permit- 9th Ave & 7th St SoNovember 18, 1981
Case No:
Applicant:
Location:
Request:
81 -51 81 -52
A. Tempesta
9th Avenue 7th Street South
Variance and Conditional Use Permit
STAFF FINDINGS COMMENTS: Rafferty Kerrigan
1. The applicant was last before the Commission on September 29, 1981. At that
time the applicant requested a Conditional Use Permit to construct 42 units
of a Residential Planned Unit Development as we'1 as front and side yard
variances. On September 29, 1981, this commission recommended to Council
approval of the Conditional Use Permit as well as the variances requested.
On October 6, 1981, the Council denied Tempestas variance request for in-
sufficient hardship. As a result the Conditional Use Permit was also denied
as the Conditional Use Permit request depended on the variancesrequested.
2. The applicant is presently before the Commission with a new request for a
Conditional Use Permit and a front yard variance of 10 feet on a proposed
Planned Unit Development to construct 40 residential units. Ordinance 427.49(6)
states "a request for a Variance, Conditional Use Permit or amendment which
has been denied shall not be considered until a period of six (6) months has
elapsed unless the Commission findsthat the Conditions of or other factors
present at the time of denial have substantially changed. It should be noted
that the key words in this ordinance are: "substantially changed If the
Commission is to review this proposal, they must first determine that the new
proposal has substantially changed from the last.
3. The following is a comparison of both proposals:
NEW PROPOSAL OLD PROPOSAL
a. 40 2 bedroom units
b. 2 532 sq. ft. outside storage
buildings
c. 1 10' front yard variance
d. wood chip trail along Nine Mile Creek
and play area equipment for children
e. 68 parking spaces provided
f. no garages
g. landscape no change
h. drainage no change
i. access no change
j. 3 trash containers enclosed
k. each unit owned individually
1. grounds and building to be maintained
by the Owner Association
a. 42 2 bedroom units
b. no outside storage
c. 1 10' front yard variance
2 2' side yard variances
d. gravel trail along Nine Mile Creek
4. The applicant has requested a 10 foot front yard variance on all units reducing
the front yard from 35 feet to 25 feet. The applicant has stated poor soil con-
ditions as a reason for requesting the variance. Ordinance 427.23(3) states
e. 59 parking spaces provided
f. no garages
g. landscape no change
h. drainage no change
i. access no change
j. 3 trash containers enclosed
k. each unit owned individually
1. grounds and building to be maintained
by Owner Association
Case No: 81 -51 81 -52
Page 2
4. that the Commission in formulating their decision shall find that the literal
enforcement of the ordinance would cause an undue hardship because of circum-
stances unique to the individual property. It should be noted that a good
portion of the property is located in the flood plain.
5. The following is a summary of action to be taken on this agenda item:
a. determine whether proposal has made substantial changes
b. if so, determine action on variance request
c. then determine action on Conditional Use Permit