Appeal of the Planning Commission's denial of a variance for lot width for the proposed plat of "OShaughnessy 3rd Addition" at 17201 St. Francis Blvd. NW.

The property at 17201 St. Francis Boulevard consists of two parcels totaling 34 acres and contains a single-family home with an accessory building.  Access to the house and accessory building currently comes from St. Francis Boulevard.  

The applicant has provided a sketch plan, the first step in the Major Plat process, that was reviewed by the Planning Commission on August 28, intending to subdivide the property into four lots--three fronting St. Francis Boulevard and one fronting Germanium Street. .  The sketch plan is a high-level review before the preliminary plat submittal is made.  The property is zoned RR--Rural Residential with the eastern portion having the Scenic River Protection Overlay.  All four of the proposed lots meet the minimum required 2.5 acres of lot area. 

During staff's review, it was noted that one of the lots, Lot 2 (the proposed lot containing the existing home and accessory building), does not have the required 200 feet of lot width, resulting in a "flag lot" of about 109 feet in width.  Lot width is measured at the minimum front setback, which is 40 feet back from the front property line.  The property has 713 feet of lot width today, though approximately 136 feet of that is encumbered by a transmission line easement.  Staff suggested that a slight adjustment of the south line and a larger adjustment of the north property line of proposed Lot 2 would result in three conforming lots along St. Francis Boulevard.  The applicant insisted upon the proposed lot configuration and then included a variance request in the application (attached to this case).  The applicant's letter did not include any "practical difficulties," or legal variance justifications, as outlined in City Code Section 106-220. Staff's recommendation was to deny the variance based on a lack of identified practical difficulties and that the lots could conform. 

The Planning Commission held a public hearing on August 28 to consider the variance and provide feedback on the sketch plan.  The Commission unanimously voted to deny the variance for the reason staff identified.  At the meeting, the applicant noted that he would like the lots that he is proposing to sell be wider than the 200 feet required by Code to allow for more space.  

City Code gives the Planning Commission authority over approving or denying variances.  The Planning Commission's decision, however, can be appealed to the Council by anyone within 10 days of their action.  The applicant has submitted a request for an appeal.  In the appeal letter, it was simply noted that the property owner would like lots that are 300 feet wide. 

Staff is still recommending denial of the variance since simply wanting something is not legal grounds for granting a variance.  The applicant could instead create two lots fronting St. Francis Boulevard and both would be at least 300 feet in width.  
  

The public hearing was conducted at the Planning Commission meeting on August 28 in the typical manner.  Notice is not required for an appeal.  

Alternatives to Consider:
1.  Sustain the Planning Commission's decision in denying the variance (agreeing with their decision).  
2.  Direct staff to prepare a resolution overturning the Planning Commission's decision with specific practical difficulties justifying the variance.  Staff will then bring the resolution approving the variance back at the October 14 meeting. 
3.  Do nothing and then direct staff to prepare an ordinance reducing the required minimum lot width in the RR district.   

All costs associated with the proposed development are the responsibility of the applicant. 

Staff recommends sustaining the denial of the lot frontage variance based on there being adequate width in the existing parcel to create conforming lots.

Motion to adopt Resolution #25-226 Sustaining the Planning Commission's decision in denying variance to lot width variance at 17201 St. Francis Boulevard NW.