Application by Robert Gardner for Variance at 320- 21st Ave NO.Case No: 81 -25
Applicant: Robert Gardner
Location: 320 21st Avenue North
Request: Variance of lot width and lot area and Waiver of Platting
Requirements
July 22, 1981
STAFF FINDINGS AND COMMENTS: Rafferty Kerrigan
1. The applicant has requested a lot width variance of 8 feet from the 80 feet
(as required) to 72 feet and a lot area variance in an area zoned R -1 -C.
Further, the applicant is requesting a Waiver of the Plat.
2. The applicant presently has a lot 177 feet long, with a house 78 feet in
length located on the southerly portion of that lot. The applicant desires
to waive the plat and establish a new lot line 105 feet from the southerly
lot line, thereby leaving a 72 foot lot to the north. If permitted to do
so, the applicant will create an inferior northerly lot in width and area
as specified by the Zoning Ordinance. It should be noted that if a portion
of property 17' in depth x 177 feet in width (deducted to the City for street
expansion right -of -way) were vacated and returned to the property owner, the
applicant would only require a lot width variance.
3. The City Engineer has indicated that the applicant dedicated the 17' x 177'
strip of land years ago at the City's request to eventually expand 21st
Avenue North. The Engineer has further noted that the applicants portion of
that right -of -way is the only piece deducted for that purpose along 21st
Avenue North. The Engineer has stated that he believes the 21st Avenue North
expansion will never happen and is therefore recommending that the City vacate
that portion dedicated thereby returning it to the originating property owner.
If this is done, the applicant will need only a lot width variance to establish
•a lot 72 feet wide in an area requiring 80 feet.
4. Zoning Ordinance 427.23(3) indicates that when granting a variance the commission
shall find that the literal enforcement of the provisions of the Zoning Ordinance
would cause an undue hardship because of circumstances unique to the individual
property.
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