City Council Study Session August 8, 2018
16 th and River Avenue PROPOSED SAMARITAS AFFORDABLE LIVING PROJECT
Elevations
Elevations
Site Plan
Development Budget
Conceptual Budget
Samaritas Operating Pro Forma
Samaritas Operating Pro Forma
Unit Matrix
100 E 40 TH ST DUPLEX DEVELOPMENT PRIVATE STREET VARIANCE WITH CONDITIONS
PRIVATE STREET VARIANCE WITH CONDITIONS Zoning Ordinance - Sec. 39-27 Condominiums shall comply with the ordinance provisions on subdivisions. Subdivision Ordinance - Sec. 33-13(e) Condominium lots shall be served by public streets. Variances to Subdivision Ord. Sec. 33-14 Council may grant variances and variances with conditions based on the situation meeting criteria.
VARIANCE CRITERIA SUBDIVISION ORDINANCE SEC 33-14 - A petition is provided by applicant stating grounds and reasons for request - Applicant demonstrates enforcement is impractical or will impose undue hardship in the use of the land because of peculiar conditions - Consideration is had of location and condition looked at compared with the existing land use in vicinity and effect on traffic conditions in the vicinity - There are special circumstances or conditions affecting property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land. PRIVATE STREET VARIANCE WITH CONDITIONS - The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. - The granting of the variance will not be detrimental to public health, safety or general welfare or be injurious to property in the area which such property is situated. - Conditions may be imposed.
SIDEWALK CONDITION TO PRIVATE STREET VARIANCE - Sec. 39-25(c)(9): Sidewalks required along frontage of public and private streets where deemed necessary to ensure one or more of the following: 1) Public Safety 2) Continuity with existing or planned future pedestrian or bicycle circulation 3) Consistency with programs or policies adopted by the City Council Complete Streets; Master Plan; Most private condominium streets - Sec. 32-17.1(b)(1): Commencing August 7, 1991, all residences in the City shall be constructed with a sidewalk shall be constructed to extend and connect adjacent and adjoining sidewalk installations
SIDEWALK PUBLIC ACCESS EASEMENT CONDITION TO PRIVATE STREET VARIANCE - Sidewalk Condition would include that an easement be established for public access to the sidewalk - Will ensure pedestrian connectivity now and in the future and prohibit future sidewalk gating
EMERGENCY ACCESS DRIVE MAINTENANCE EASEMENT CONDITION TO PRIVATE STREET VARIANCE - International Fire Code requires access drive be clear of snow, structures, landscaping, etc. at all times. - If Home Owners Association does not maintain, enforcement a civil infraction is issued ($25.00 ticket). It will be difficult to determine who would be ticketed. - Easement Condition will allow City (if desired or needed) to maintain the access drive and charge the Home Owners Association.
SUMMARY - Private Street Variance required to construct proposed street - Variance Criteria shall be reviewed when making the variance decision - Sidewalk Condition is STRONGLY recommended by staff, which matches previous policies, multiple adopted City ordinances, and meets public safety and Master Plan goals - Preference is for Sidewalk Condition to contain the establishment of a public access easement to ensure continued city-wide connectivity PRIVATE STREET VARIANCE WITH CONDITIONS - Emergency Access Drive Maintenance Easement Condition recommended to ensure the Drive remains clear year-around - August 15 vote following Planning Commission s rezoning recommendation of property from R-1 Single Family to PRD Planned Residential Development