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File #: 2020-461    Version: 1 Name: Appeal of Variance Approval - 1460 Memory Lane
Type: Appeal Status: Passed
File created: 11/4/2020 In control: City Council
On agenda: 11/16/2020 Final action: 11/16/2020
Title: Public Hearing - Appeal of variance approval - 0.90 acres - Land Lot 557 - 1460 Memory Lane - CMS Custom Homes, LLC
Attachments: 1. Issue Sheet 2020-461 - Memory Lane Appeal.pdf, 2. Staff Memo_Appeal_V20-51.pdf, 3. All Neighbor Letters.pdf, 4. All Neighbors - Delivery Confirmations_compressed.pdf, 5. APPLICATION.pdf, 6. ELEVATIONS.pdf, 7. Lots 11 & 12 Plat Exhibit.Updated.pdf, 8. Neighbor Copy - Variance Application - Lot 12 - 1460 Memory Lane.pdf, 9. Neighbor Copy Variance Application - Lot 11 - 1470 Memory Lane.pdf, 10. SITE PLAN.pdf, 11. Supplemental.Variance Ltr.pdf, 12. Letter to M&C_Memory Lane Variance_Mike Terry_Nov 12 2020.pdf

Impact

WARD / COUNCILMEMBER:  Ward 6 / Councilmember Gould

 

$ IMPACT:  N/A

 

Title

Public Hearing - Appeal of variance approval - 0.90 acres - Land Lot 557 - 1460 Memory Lane - CMS Custom Homes, LLC

 

Body

ISSUE AND BACKGROUND

CMS Custom Homes, LLC is seeking approval for a reduction in minimum lot size at 1460 Memory Lane for the development of two single-family detached residences at a density of 2.22 units per acre. The proposed lots will be 19,463 sq. ft. and 19,594 sq. ft. The subdivision was created in 1951 and the subject property was originally two lots (Lot #11 & #12 of the FM Collier Subdivision). The subject property was annexed into the city in 2001, and the R-20 zoning designation was applied to the subject property, even though the lots were below the minimum 20,000 sq. ft. lot area requirement, making the lots non-conforming lots under the R-20 zoning district.

 

The License and Variance Board held a public hearing for the variance and recommended approval by a vote of 3-0 at the October 14, 2020 meeting. An appeal was filed by adjacent property owners on October 23, 2020.

 

 

RECOMMENDATION / REQUESTED ACTIONCommunity Development is supportive of the variance request for reduction of minimum lot size from 20,000 sq. ft. to 19,463 sq. ft. Staff feels comfortable that this will not create a future precedent due to this property previously being two recorded lots of record and tying approval of the request to the specific site plan. Therefore, Community Development recommends approval of the variance request for reduction of minimum lot size for the development of two single-family units at a density of 2.22 units per acre with the following condition:

 

 

1.                     Approval is conditioned upon substantial compliance with the site plan and elevations submitted on September 2, 2020.