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HomeMy WebLinkAboutS-0728 Staff AnalysisSeptember 9, 1986 SUBDIVISIONS Item No. 16 - Other Matters - Subdivision Variance This i cem is on the agenda for purposes of bringing to the Commission the request of Mr. Dennis SM_ith,� a resident of 4005 Montgomery Road in the Taylor Loop Community. Mr. Smith desires to request of the Commission that it extend to him a total variance of the requirements of the Subdivision Ordinance as concerns the three lots in which he has interest. Mr. Smith's lots lie at the south end of Montgomery Road approximately 1/4 mile south of Taylor Loop Road. These lots are somewhat less than six acres in area total with existing residences in place. This matter was brought to the attention of the staff when reviewing a request of the Water Works to extend a water main eastward off Montgomery Road to serve the rearmost lots. The Planning staff rejected the water main extension and advised the Water Works and the owner that a subdivision plat was required. Staff held meetings with Mr. Smith, the City Manager and other involved persons in an attempt to resolve this item without public` --hearing. We were unable to achieve a middle ground which could produce a proper platting action; therefore, Mr. Smith was instructed to bring his case to the Commission and present his arguments/ PLANNING STAFF RECOMMENDATION: The Planning staff view of this issue is that some platting action should occur on the subject property so as to provide permanent access for both vehicles and utilities to the rearmost lots. We believe there is a solution to this problem without the creation of additional streets or excessive financial burden on the several owners. Our recommendation is a denial of the request. SUBDIVISION COMMITTEE ACTION: At its meeting on August 28, 1986, the Subdivision Committee discussed this issue at length with Mr. Smith. There were several offerings made as to resolution of the problem. The Committee instructed Mr. Smith to review the possibility of obtaining the services of a civil engineer for purposes of a reviewing a potential three -lot plat. He was further advised that if he so desired, he could come to the meeting on September 9 and present his argument to the full Commission. October 14, 1986 SUBDIVISIONS Item No. B - Continued PLANNING COMMISSION ACTION: (9-9-86) The applicant was not in attendance. There were no objectors present. After a brief discussion of the circumstances of this request, the Commission voted on a motion to defer the matter for a period of 30 days in order to allow the applicant to determine his course of action. The vote on the motion was 9 ayes, 0 noes and 2 absent. SUBDIVISION COMMITTEE ACTION: (10-2-86) The staff reported on its conversations with Mr. Smith since the last Planning Commission meeting on September 9. The report briefly stated that the applicant and his neighbor, Mr. Ledford, continued to pursue water meters without involving the remedies offered by both staff and the Subdivision Committee. Mr. Smith . has furnished a letter to the Manager's Office through his neighbor, Mr. Ledford, requesting that administrative relief be granted. This action follows receipt by Mr. Smith of a letter from staff advising him that he had the right and opportunity to appear before the Commission again on October 14th and offer his request for variance. The staff is discussing this issue of enforcement, water policy and platting with the City Attorney's Office in an attempt to gain resolution of the problems we are experiencing. October 14, 1986 SUBDIVISIONS Item No. B - Continued PLANNING COMMISSION ACTION: (9-9-86) The applicant was not in attendance. There were no objectors present. After a brief discussion of the circumstances of this request, the Commission voted on a motion to defer the matter for a period of 30 days in order to allow the applicant to determine his course of action. The vote on the motion was 9 ayes, 0 noes and 2 absent. SUBDIVISION COMMITTEE ACTION: (10-2-86) The staff reported on its conversations with Mr. Smith since the last Planning Commission meeting on September 9. The report briefly stated that the applicant and his neighbor, Mr. Ledford, continued to pursue water meters without involving the remedies offered by both staff and the Subdivision Committee. Mr. Smith has furnished a letter to the Manager's Office through his neighbor, Mr. Ledford, requesting that administrative relief be granted. This action follows receipt by Mr. Smith of a letter from staff advising him that he had the right and opportunity to appear before the Commission again on October 14th and offer his request for variance. The staff is discussing this issue of enforcement, water policy and platting with the City Attorney's Office in an attempt to gain resolution of the problems we are experiencing. PLANNING COMMISSION ACTION: (10-14-86) Mr. Dennis Smith, the applicant and owner of the property, was present. There were no objectors in attendance. The Planning staff made a brief presentation of the issue and a history. The staff explained the expected product from the subdivision of the property which would be a three -lot final plat to be recorded at the County Courthouse providing for proper title, lot numbers, easements, etc. Mr. Smith then offered a presentation in support of his request. He identified issues such as the mobile home lot on the north having received water at an earlier date. He offered additional history on his circumstance as to the lot sales and the arrangement of the parcels. Mr. Smith restated his October 14, 1986 SUBDIVISIONS Item No. B - Continued request that he be allowed to have a water meter and that Mr. Ledford, the other owner in this issue, also be provided with water service. His request is that he not be required to provide further platting, subdividing or even surveying of his lot but that he simply receive extension of water service. A general discussion of the request followed. A motion was made to approve the waiver of the Subdivision Ordinance requirements in order to obtain water meters. The motion failed by a vote of 0 ayes, 7 noes, 4 absent.