HomeMy WebLinkAboutHEARTHFIRE PUD - RESUBMITTED PRELIMINARY (REMAND FROM CITY COUNCIL) - 31-95C - LEGAL DOCS - VARIANCE REQUEST (3)not be allowed in the Urban Growth Area.
Since both of these policies include the term "usually," some flexibility seems to be present in the
City's Comprehensive Plan for the granting of a variance in the interest of the public good by
lowering the density from the standard three dwelling unit per acre requirement.
I do not believe that the Board should utilize the "City Plan -Structure Plan" as a basis for the
granting of a variance because the resolution which adopted the Structure Plan specifically
provides that it shall take effect upon the final approval of the City Plan. However, the fact that
the concept of a "soft edge" may be consistent with the Structure Plan (as well as the existing
Comprehensive Plan) does not mean that that concept cannot be used to support the variance.
Thus, while I do not believe that it would be appropriate to use the Structure Plan itself
prematurely in support of the granting of a variance, the present City Comprehensive Plan seems
to afford the latitude for the variance based both upon the usage of the term "usually" in policies
12 and 13 of the Land Use Policy Plan as well as the "Neighborhood Comparability" guidance
provided in the Chart itself.
WPE:med
PC: Steve Olt, City Planner
CONFIDENTIAL
MEMORANDUM
DATE: September 10, 1996
TO: Bob Blanchard, Director of Current Planning
FROM: W. Paul Eckman, Deputy City Attorney
RE: Density Variance/Hearthfire P.U.D.
You have advised me that the applicant for the Hearthfire P.U.D. is seeking a variance to Chart
A-1.12 (Residential Density) which requires, on a gross acreage basis, that the overall residential
density be at least three (3) dwelling units per acre.
The variance procedures of the LDGS are found at page 108 and empower the Board to grant
variances anly if the Board determines that the granting of the variance would neither be
detrimental to the public good nor impair the intent and purposes of the Land Development
Guidance System. Furthermore, in order to obtain a variance, the applicant must demonstrate
that the variance request meets at least one of the four criteria listed on page 108. As I
understand it, the applicant intends to try to demonstrate number 3 being "that the plan as
submitted is equal to or better than such plan incorporating the provision for which a variance is
requested. "1
In determining whether to grant the variance, the Board must then determine whether the plan
will protect the public interests advanced by Chart A-1.12 as well as compliance with that Chart
would have advanced the public interest. The Chart contains a paragraph dealing with
"neighborhood compatibility" which states the following:
Special care should be taken to respect the context of the site and the character of
surrounding existing neighborhoods. Intensification and redevelopment must be
balanced with a strong sensitivity to protecting existing neighborhoods.
The above -quoted paragraph indicates to me that the public interest is, at least in part, served by
the protection of neighborhood compatibility. Furthermore, The Comprehensive Plan, in the
policies of the Land Use Policy Plan known as Policies Number 12 and 13 state the following:
12. Urban density residential development usually at three or more units to the acre
should be encouraged in the Urban Growth Area.
13. Rural density residential development usually at one or less units to the acre shall