Consider Request for Extension for a Variance to Lot Depth for Homestead Road Addition (Project No. 16-32); Case of CTW Group Inc.

On April 6, 2017, CTW Group, Inc. (the "Property Owner") was granted a variance to the lot depth standard for Lots 1 & 3, Block 1 Homestead Road Addition.  A standard condition of the approved variance was that it needed to be initiated within one (1) year of the date of its approval and that recording of the plat of Homestead Road Addition (the "Plat") would constitute initiation.  The Property Owner has not yet completed the necessary steps to record the approved Plat and thus, have requested an extension for their approved variance.

Notification is not required.

The Plat results in the creation of three (3) lots from the property generally known as 7131 166th Ave NW (the "Subeject Property").  Lot 1 required a variance to the lot depth standard as it was deficient of the required standard by 268 square feet.  Lot 3 required a variance to the lot depth standard due to relocating the footprint of the proposed home in response to comments received from an adjacent property owner during the Public Hearing.  The revised location moved the home closer to 166th Ave and away from the rear windows of the neighboring property but resulted in a lot depth deficiency of seventy-eight (78) square feet.

Per City Code Section 117-53 (d), an approved variance will become null and void if not initiated or utilized within twelve (12) months of final action by Planning Commission.  A variance holder, by written request, can seek an extension of time to initiate the variance.  The Property Owner has indicated that they are having difficulty securing an investor/builder willing to take on the project, due to the inclusion of rain gardens and the need to properly abandon the excess utility stubs in the street, as reasoning for the extension request.

The project is being marketed on the MLS and Staff has fielded a number of inquiries about the project from prospective buyers.  However, without an extension, the variance will lapse, which would also render the Plat invalid as well as two (2) of the lots would not comply with the lot depth standard.  Staff does not object to a one (1) year extension to the variance.

All costs associated with this request are the Applicant's responsibility.

Staff recommends approval of Resolution #18-067 granting an extension to initiate the variance to lot depth for Lots 1 and 3 Block 1 Homestead Road Addition.

Motion to adopt Resolution #18-067 granting a one (1) year extension to initiate the variance to lot depth standard for Lots 1 and 3 Block 1 Homestead Road Addition.