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Staff: sewer easement, platting and buffering rules shape decision on US 380 Business lot split
Summary
City planning staff told the Zoning Board the lot split will create two C-2 parcels and that a sewer line crossing both lots requires an easement-encroachment agreement approved by Public Works; Lot 1's redevelopment will trigger buffering between commercial development and the residential property to the north.
Planning Director Lisa Hannon delivered the staff report outlining the technical and legal factors that framed the board's decision. Hannon said the plan application triggered review and that the existing nonconforming concrete building was discovered under that review. "A 10 foot rear yard setback is required," she told the board, and the requested encroachments are "9.52 feet and 9.78 feet respectively." Hannon also noted the building appears to have been in place since "approximately or before 1995."
Hannon explained that the platting process will create two lots — the west lot (Lot 1) of about 0.73 acres and the east lot (Lot 2) of about 0.64 acres — and that both are zoned C-2. She told the board a sewer line runs across both properties and that an easement-encroachment agreement will be required and must be approved by Public Works and recorded by the applicant if the variance is approved. Hannon said buffering between commercial development and adjacent residential property will be required when Lot 1 is redeveloped and that Lot 2 does not require buffering at this time because it is not changing use.
She told the board staff had mailed notices to 26 property owners and that one owner had changed their response that day from neutral to opposed and requested buffering. Hannon recommended the board consider the variance criteria — public interest, special conditions, undue hardship and that the spirit of the ordinance be observed — before deciding.
