HomeMy WebLinkAboutMemo from PlanningProject: Gr,eat Wall Restaurant
Location: 25.90 N. Eagle Road, on the east side of N. Eagle Road, appro~cimately 2,000 feet south of the
UsticklEagle iintersection
Applications: variance
Highlights of Proposed Development: The applicant is requesting a variance from 11-3H-4B,
which prohibits direct access to a state highway, to a11ow for a temporary access to SH 55/Eagle
Road for the Great Wall restaurant. At such time as access can be provided to the site, either
from the south via a frontage road from the extension of E. River Valley Street, or from the north
across the South Slough, use of the access would cease.
The property was annexed and zoned C-G with the Redfeather Estates No. 2 application in 2004,
prior to Mr:~ Chan purchasing the property. Because the use of the site has changed from
residential to commercial, access is no longer allowed from the state highway; the owner of the
site shall develop or otherwise acquire access to a street other than the state highway and the
existing approach shall cease. Currently, there is no other access available to this site as the
adjacent properties have not yet developed. Access to River Valley Street to the south at the half
mile (soon to be extended on the east side of SH 55) by this property is dependent on three other
properties redeveloping and a frontage road being constructed to the subject property. Or, a
bridge must 'be built across the South Slough for access from the north. Neither of these options
is likely to occur in the very near future. For this reason, the applicant is requesting a temporary
access to SH 55 until such time as an acceptable means of access is available.
To grant a variance, the Council needs to make the following findings:
1: The variance shall not grant a right or special privilege that is not otherwise
~ allowed in the district;
2', The variance relieves an undue hardship because of characteristics of the site;
3. The variance shall not be detrimental to the public health, safety, and welfare.
Written Testimony since Staff Report: none
Outstanding Issue(s) for City Council: Staff believes that granting a variance would allow a right
or special privilege that is not otherwise allowed for properties that are adjacent to a state
highway. Staff finds that granting the subject variance would be detrimental to the public health,
safety, or welfare and that the potential for accidents would increase significantly with vehicles
slowing down to turn into the site and exiting the site and merging with traffic travelling at high
rates of speecl on the highway. Staff realizes that the dependence on adjacent properties to
develop first'to supply the access required by the UDC for this property does create an undue
hardship for the applicant. However, Staff cannot support an access point that would affect the
safety of the ;public. Further, in order to make the findings for approval of a variance, all three
findings need to be met and Staff does not feel that they can be for the aforementioned reasons.
Further, the proposed temporary access does not meet ITD standards for access to a state
highway (see letter from ITD in E~chibit B.1). Therefore, Staff is recommending denial of the
Variance application.
5/20/2008