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a.
County Board of Adjustment
Meeting Date:
10/13/2016
SUBJECT
County Variance #283- Lot size Variance
THROUGH:
Wyeth Friday
PRESENTED BY:
Karen Husman

Information

REQUEST

Item #1-County Variance #283 – S 44th St West – Lot Area – A variance from Section 27-308 requiring a minimum lot area of 10 acres to allow a minimum lot area of 5 acres to accommodate the court ordered division of property between 2 parties in an Agriculture Open-Space (A-1) zone on Tract 2A2 of C/S 2007. Tax ID: D00350A. Presented By: Karen Husman, Planner I
 

RECOMMENDATION

The Planning Division is forwarding a recommendation of Conditional Approval.
 

APPLICATION DATA

OWNER:                                  John L. & Katheryn M. Thiel Revocable Trust
AGENT:                                   Kenneth Peterson
PURPOSE:                              To accommodate the court ordered division of property
LEGAL DESCRIPTION:           Tract 2A2 of C/S 2007
ADDRESS:                              Central Avenue
SIZE OF PARCEL:                  15 Acres, divided into 10 acres and 5 acres
EXISTING LAND USE:            Ag
PROPOSED LAND USE:        Ag
EXISTING ZONING:                Agricultural Open space (A-O)

CONCURRENT APPLICATIONS

None

APPLICABLE ZONING HISTORY

Surrounding Property: Variance 213, a lot size variance for a mortgage exemption to allow a 1-acre parcel, was approved by the Board of County Commissioners in October 2000 creating Certificate of Survey #3053.

SURROUNDING LAND USE & ZONING

NORTH:   Zoning:       Ag-Suburban
                  Land Use:   Residential
SOUTH:    Zoning:       Ag-Open
                  Land Use:   Residential
EAST:       Zoning:       PD & Residential-15,000
                 Land Use:   Residential
WEST:      Zoning:       Ag-Open
                  Land Use:   Residential and Agriculture 

BACKGROUND

This is a request for a variance from Section 27-308 requiring a minimum lot area of 10 acres to allow a minimum lot area of 5 acres to accommodate the court ordered division of property between 2 parties in an Agriculture Open-Space (A-1) zone.
 
Planning staff reviewed the zoning history in the area and found there are at least seven lots in the area that are less than the required 10-acre minimum for A-1 zoning. There are five that are one acre or less, one is slightly over an acre, and one is five acres.  There has only been one lot size variance approved for a reduction in the required lot size, this was for a mortgage exemption for a one-acre parcel. The five acre parcel to the south of the subject property is Amended Certificate of Survey 2007, Tract 2-A, Amended, recorded in 1984, without an approved lot size variance.  
 
The Planning staff has reviewed the application and is recommending conditional approval based on the findings for granting a variance.

RECOMMENDATION

The Planning Division is forwarding a recommendation of Conditional Approval for Variance #283.
 

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