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HomeMy WebLinkAbout1310 LAPORTE AVENUE - MODIFICATION OF STANDARD - 35-04 - REPORTS - CITIZEN COMMUNICATION (7)(2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible; or No such concern exists. (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or Any exceptional situations that might exist would arise only from the subdividing of the property into 4 lots, a situation caused by the applicant. Subdividing into 3 or less lots would take away the need for any modifications. (4) The plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. A divergence of over 900 square feet per lot, equal to the square footage of most houses in the area, is not a nominal, inconsequential modification. 6000 square feet a lot is the norm in the area and represents the smallest lot surrounding the project site. Dividing the property into 3 lots or less would leave at least 6747.914 square feet per lot and be in better keeping with the neighborhood.) It is our sincere hope that you will agree the modification of code requested is too great and the burden of showing the proper conditions exist to warrant granting a modification in the first place has not been met. It seems quite clear to us that the request for Modification of the Standard should be denied. Thank you, Todd and Kerri Mitchell 229 Lyons St 493 - 2972 1�16' /V G. 112icG � Dear Anne, We are writing to express our concerns about the project proposal for 1310 LaPorte Ave and the request for Modification of the Standard. Specifically, we would like to suggest that no such modification be granted. Land Use Code Section 4.6 (D)(1) requires lot sizes to be a minimum of 6000 square feet. The proposed project to subdivide 1310 LaPorte Ave into 4 lots does not come close to this requirement. Based on the dimensions of the property as given in the legal description, 106.94 ft by 189.3 ft, the total area of the current property is 20,243.742 square feet. If divided evenly into four lots, as the project proposes, each lot would be only 5060.9355 square feet, more than 900 square feet short of the code's requirement. Many of the houses in the neighborhood to the north of the property are roughly 900 square feet. This descrepancy is significant. In addition, current code regarding dedicated right of ways would leave these lots even smaller. In addition to the issue above, we are also concerned that should the variance be granted for Section 4.6 (D)(1), additional variances would be needed for the following: ♦ 4.6 (E)(1) requiring a minimum lot width of 40 feet. 106.94ft. The width of the current property, divided into 3 lots as proposed, would yield lots only 35.65 ft wide. ♦ 4.6(E)(2) requiring a front yard setback of 15 feet and 4.6(E)(3) requiring a minimum rear yard setback of 5 feet from existing alleys and 15feet in all other conditions. The current proposal has the western most lot fronting onto McKinley. With a lot width of only 35.65 feet, the required setbacks would leave at best 15ft for the house and at worst 5 feet for the house. Finally, the project, as it is currently being proposed, does not meet any of the requirements for modification as stated in 2.8.2(H) (1-4): 2.8.2 Modification and Review Procedures (H)... the decision maker may grant a modification of standards only if it finds that the granting of the modification would not be detrimental to the public good, and The concerns expressed at our meeting last month and in our additional letters regarding increased traffic, problems with parking, disregard for the aesthetics of our neighborhood, and troublesome tenants all show that this modification would be detrimental to the public good. (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; or A plan which would divide the property into three lots or less would leave each lot with at least 6747.914 square feet, allowing for the project to comply with all the standards mentioned above.