HomeMy WebLinkAboutSOLERA SUBDIVISION (1701 W. TRILBY RD.) - PDP/FDP - FDP170021 - SUBMITTAL DOCUMENTS - ROUND 2 - MODIFICATION REQUESTundue 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
(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.
Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by specific
findings showing how the plan, as submitted, meets the requirements and criteria of said
subparagraph (1), (2), (3) or (4).
Modification Criteria, Supporting Findings:
This request of approval for this modification complies with the standards per Review Criteria
2.8.2(H)(3) in the following ways:
Criteria (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
Proposed Justification:
• The proposed lot does not meet the minimum standard 10 acre requirement
due to the narrowness and shallowness of the lot. The manner in which the
lot was subdivided to create the narrow width and shallow depth is unique to
the southern section of Trilby Road in comparison to the lots to the north in
the same zone district. The narrowness and shallowness of the lot is a
hardship not caused by the owner, and the resulting lot size does not affect
the surrounding street pattern or principal building setbacks.
June 14, 2017
Modification Request for residential density and lot width.
1701 W. Trilby Combined Project Development Plan/Final Plan (PDP/FDP).
Modification Description:
This is a Modification Request to Sections 4.1(D)(1) and 4.1(D)(3)(b)(1.). Section 4.1(D)(1)
addresses the requirement for a minimum lot size of 10 acres for a single-family detached
dwelling. Section 4.1(D)(3)(b)(1.) addresses the requirement for a minimum lot width of 200
feet for a single-family detached dwelling.
• The applicant proposes a modification to these standards to permit a
lot size of 2.34 acres (2.53 Acres - .19 Acres Dedicated land) and a lot
width of 165 feet.
Land Use Code Standard:
Section 4.1(D)(1) of the Land Use Code states that:
"Residential Density. Single-family detached maximum residential density shall be one
(1) dwelling unit per ten (10) acres"
Section 4.1(D)(3)(b)(1.) of the Land Use Code states that, for single-family detached dwellings
on lots containing at least ten (10) acres:
"Minimum lot width shall be two hundred (200) feet."
Land Use Code Modification Criteria:
"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 that:
(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
(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
(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