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HomeMy WebLinkAboutA003 - Council Action Form dated November 9, 1999 ITEM # Ab DATE 11/09/99 COUNCIL ACTION FORM SUBJECT: RESOLUTION APPROVING/MOTION DENYING THE REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS FOR PROPERTY AT 316 LINCOLN WAY. ACTION FORM SUMMARY: Bob Goodwin, representing Ed Sorenson, who owns the property at 316 Lincoln Way, is requesting that the City Council waive the entire subdivision regulations as they relate to the property at 316 Lincoln Way. Staff is recommending that the subdivision regulation not be waived. BACKGROUND: Bob Goodwin, representing the property owner, Ed Sorenson, is requesting that the City Council waive the requirement for the entire subdivision regulations for the property at 316 Lincoln Way (a copy of the letter is attached). This property is the location currently of a Mobile Home Park that is planned to be redeveloped with a new commercial building (Dairy Queen). On October 19, 1999, the property owner (Ed Sorenson) submitted a site plan seeking a zoning/building permit for the construction of a commercial building to be used for a Dairy Queen. As part of the staff review of the site plan, it was determined that the property needed to be subdivided as provided for in Section 23.102(2)(a), which states: "The provisions of the regulations (subdivision regulations) are the minimum requirements for promotion of the public health, safety and general welfare. No zoning permit or building permit shall be issued for a principal building, with the meaning of the City's zoning regulations, from the effective date of the Regulations with respect to any land that has been divided without compliance with the provisions of the Regulations and all other applicable state laws and city ordinances in force at the time of such division." The property in question is described as Lot 3 and the east 60 feet of Lot 4, Block 3, Black First Addition to Ames Iowa. This description indicates that a lot that has been previously platted has since been divided through a means other than a subdivision, and thus building and zoning permits cannot be issued in compliance with the subdivision regulations without the subdivision of the subject property. The waiver provision of the subdivision regulations is found at Section 23.103, which states: 23.103 Waiver/Modification: Where, in the case of a particular subdivision, it can be shown that strict compliance with the requirements of the Regulations would result in extraordinary hardship to the Applicant or would prove inconsistent with the purpose of the Regulations because of unusual topography or other conditions, the City Council may vary, modify or waive the requirements of the Regulations so that substantial justice may be done and the public interest secured provided, however, that such variance, modification or waiver shall not have the effect of nullifying the intent and purpose of the Regulations. In no case shall any variance, modification or waiver be more than necessary to eliminate the hardship or conform to the purpose of the Regulations. In so granting a variance, modification or waiver, the City Council may impose such additional conditions as are necessary to secure substantially the objectives of the requirements so modified. ANALYSIS: The purpose for the subdivision regulations is to: a. Create clear legal description of property; b. Provide for a balance of the use rights of individuals with the economic, social and environmental concerns of the public; and C. To encourage orderly development. Comparing the purpose that is to be accomplished by the subdivision regulations relative to the property at 316 Lincoln Way, the following observations can be made: a. The current legal description is quite clear; b. The balance of the use rights with the economic, social and environmental concerns of the public are not greatly effected whether the subdivision regulations are applied in this case or waived; and C. Orderly development will result whether this property is or is not subdivided. In reviewing this request to waive the entire subdivision regulations for the property at 316 Lincoln Way, staff has the following concerns: 1. In reading the Waiver and Modification section of the regulation, it is staffs belief that it was never contemplated that the entire subdivision regulation would be waived for a specific property. Rather, staff believes the Waiver and Modification provision is designed to allow the City Council to waive certain portions of the regulations, but not the entire regulation. This waiver feature occurs periodically with respect to sidewalk installation or street lengths that may exceed 1,320 feet in length. 2. The waiver and modification provision of the subdivision regulations requires that an extraordinary hardship be shown as a result of the application of the regulations. In this instance, the property owner is claiming that the subdivision requirement could cost as much as $6,000 and require as much as two months of time. It is not at all clear that a $6,000 expense is an extraordinary hardship in relation to the total cost of redeveloping the property at 316 Lincoln Way. Further, it is staff's belief that a large portion of the $6,000 expense is associated with the requirement of having to bring any tax payment obligation current prior to the approval of the subdivision. This tax payment obligation is not an additional cost to the property owner, other than the need to pay the tax obligation sooner than might be normal. 3. Staff believes that if the entire subdivision regulation is waived for the property at 316 Lincoln Way, this raises the potential for other property owners to seek the same decision, which could undermine the integrity of the regulation. This could create a very poor precedent. The City Council should remember that part of the purpose for a more comprehensive use of subdivision regulations was to substitute for the zoning requirement that was referred to as the Hammer Amendment. Although in this instance the need to subdivide this property may not be as apparent as other properties, staff believes the application of the subdivision regulations to this property should remain due to the reasons stated earlier. ALTERNATIVES: 1. The City Council can decide to not waive the subdivision requirements for the property located at 316 Lincoln Way. 2. The City Council can waive the subdivision requirements as they apply to the property located at 316 Lincoln Way. 3. The City Council can refer this issue back to staff for additional information. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #1. This action will result in the subdivision regulation being applicable to the property located a 316 Lincoln Way. Although the request to waive the subdivision requirements for this property has merit, staff believes that it was never intended that the entire subdivision requirement be waived. Evidence of an extraordinary hardship has not been shown and a poor precedent would be established. COUNCIL ACTION: Attachment 3 WASHINGTON AVE tj F 3 y w cc 0 r w � rn T, w CD W W W S KELLOGG AVE