Variance-Frontage Oke Ridge Place 2 C.R. G1TY OF
• NOPKIN
June 27, 2007 Council Report 07-68
VARIANCE — FRONTAGE OAK RIDGE PLACE II
Prouosed Action.
Staff recommends the following motion: Move to adot�t Resolution 07-44, approving a
variance for a lot with no fronta e o�n a public ri�ht-of-wav for Oak Ridge Place II.
At the Zoning and Planning Commission Mr. Skiermont moved and Mr. Hatlestad
seconded a motion to adopt Resolution RZ07-12, recommending approval of a variance
for a lot with no frontage on a public right-of-way for Oak Ridge Place II. The motion
was approved unanimously.
Overview
The applicant, Halley's Custom Homes, Inc., is proposing to construct 27 for-sale, one
and two-bedroom condos north of the United Methodist Church located on Highway 7.
The subject lot currently has Eisenhower Community Center located on the west side of
the site.
� Access to the site has been reviewed and the public works department has recommended
that the site use the existing private road for access to the site. The proposed lot will
have no access on a public right-of way.
Primarv Issues to Consider.
• What does the ordinance require?
• What are the specifics of the applicant's request?
• What special circumstances or hardship does the property have?
• What was the discussion at the Zoning and Planning Commission?
SupportinE Documents.
• Analysis of Issues
• Site Plans
• Resolution 07-44
Nancy . Anderson, AICP
Planner
� Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
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Primary Issues to Consider.
• What does the ordinance require?
Section 560.19 Fronta�e. No residence shall hereafter be erected upon any lot unless
such lot abuts upon an improved public right-of-way for at least 35 feet and provides
access to the lot from this right-of-way unless it is located within an approved P.U.D.
• What are the specifics of the applicant's request?
The applicant is requesting a variance to the proposed lot not to have frontage on a
public right-of-way.
• What special circumstances or hardship does the property have?
The Zoning Ordinance states the following: a variance is a modification or variation
from the provisions of this code granted by the board and applied to a specific parcel of
property because of undue hardship due to circumstances peculiar and unique to such
• parcel. The Zoning Ordinance also states the following: that the Commission must find
that the literal enforcement of the provision of the Zoning Ordinance would cause an
undue hardship because of circumstances unique to the individual property under
consideration and that the granting of a variance to the extent necessary to compensate
for said hardship is in keeping with the intent of this code.
In this case, the applicant does have an undue hardship that is unique to the property.
The private access will serve only two parcels of low density condos, and from a public
works standpoint to have a public road to maintain does not make sense. One condition
of the variance will be that there is a permanent easement to the private road.
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson noted that the private road recommendation was from Public Works and if
the variance is denied, the applicant will construct a public road. No one appeared at the
meeting regarding this item.
Alternatives
1. Approve the variance. By approving the variance, the applicant will construct a
private road to the proposed condos.
• 2. Deny the variance. By denying the variance, the applicant will construct a public
road to the proposed condos. If the City Council considers this alternative, findings
of fact will have to be stated that support this recommendation.
CR07-68
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3. Continue for further information. If the City Council indicates that further
information is needed, the item should be continued.
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