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HomeMy WebLinkAboutS-00048-W Staff AnalysisApril 12, 1983 STJBDIVISIONS Item No. 14 - File No. 48-T NAME: Lot A, Piedmont Subdivision LOCATION: Highway 10, Approximately 1,600' East of Sam Peck Road REQUEST: To modify an approved preliminary. STAFF REPORT This is a request by,the applicant to deviate on the final plat from what was originally approved on the preliminary by not constructing Lakeview Court, a proposed 60' right-of-way. The applicant has stated that construction of the street at this time is unnecessary because it wouldn't provide access for them since the drainage ditch bars access to Lakeview Court. He also feels that this plan is better overall because: (1) The property to the east of Lot A is owned by the developer (Sam Peck and Associates). (2) The residents to the east of Lakeview Court does not exist. (3) The property to the west of Lot A is the purchaser. (4) Construction of the street will serve no purpose at this time. (5) The Developer will construct all of Lakeview Court in the future when access to Lots 1, 2 or 3 (currently unplatted) is needed. (6) Sale of Lot A to any other party would constitute a fragmented land use due to its small building area. (7) The intended use of Lot A is for parking. (8) The purchaser will improve the drainage ditch. April 12, 1983 SUBDIVISIONS Item No. 14 - Continued Staff is not favorable to the request. First of all, the request is premature since it has to have a variance from the Board of Adjustment. Since there is a drainage problem, there is a question as to the utility of the lot itself. The plan, as submitted, is deficient in that it does not include all the property in the original preliminary plat. STAFF RECOMMENDATION: Denial as filed. SUBDIVISION COMMITTEE RECOMMENDATION: The applicant was present. His proposal was clarified as being a request to: (a) modify an approved preliminary; and (b) not construct improvements required for Lakeview Court at this time. Staff felt that the request was premature, since the question of land use should be resolved first. This would require him to go to the Board of Adjustment and get a variance to use this for parking since it is now zoned for single family. Also,, a question was raised as to the enforcement of a condition placed on the previous approval, to build improvements on Highway 10 when this portion of the plat is developed. .The Committee decided to pass this to the Commission without recommendation, subject to: (1) improvement of Highway 10, (2) solution of drainage problem, and (3) Board of Adjustment consideration. The Committee specifically indicated that this recommendation was not an endorsement of the use of the lot for parking. PLANNING COMMISSION ACTION: There were no objectors present. The application was represented by Mr. Wordsmith of the Independent Air Conditioning Company and Mr. Bob Peck, the owner of the property. A lengthy discussion was held on this matter discussing the various points raised by staff in its report. The Planning Commission after much deliberation determined by a unanimous vote to approve the formation of the new lot and revise the preliminary plat of Piedmont Subdivision. This approval is subject to: (1) Highway 10 improvements are to remain with the same commitment provided on the original preliminary plat; (2) drainage problems on the newly created lot are to be solved to the satisfaction of the Engineering Department; (3) that the Board of Adjustment be advised that this action of the Commission in no way endorses the use of the lot as a parking lot or a nonresidential use. The vote on the motion - 9 ayes, 0 nays. Jones abstained.