Loading...
HomeMy WebLinkAboutObservation Pt L2 B2 Ob Po CoveSTAFF SUMMARY OF PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL Project Name: Observation Point Subdivision, Lot 2, Block 2, Nonconforming Use Case No(s).: CUP-03-047 Applicant: RF Construction P&Z Commission Hearing Date: October 16, 2003 Recommendation: Approve with conditions Summary of Public Hearing:  The applicant, Elliott Sheffield of RF Construction, testified in favor of the application.  Mike Reno, Central District Health Department, testified in opposition to the application.  Three members of the public testified expressing concern regarding the application.  Key issues of discussion and questioning by Commission included:  The size of the proposed single-family home  Septic versus sanitary sewer service and when the Applicant should be required to connect to City services  Landscape buffer requirements along Victory Road  Orientation of the proposed structure so access may be taken internally and not from Victory Road in the future.  Landscaping/Greening up the remainder portion of the lot Key Commission Additions/Modifications to Staff Recommendation:  Staff recommended denial of the subject application. The Planning and Zoning Commission recommended approval with conditions for minimum house size, landscape buffering along Victory Road, greening-up the undeveloped portion of the site, orienting the garage so access may be taken internally, and resolving the sanitary restrictions placed on this lot with the Central District Health Department. Outstanding Issues for City Council:  The Planning and Zoning Commission rejected the recommendations of Central District Health Department which were as follows: o We recommend denial of this proposal. o Sanitary restrictions were released on this development 8/15/01 for central water & sewer, neither the application or engineering report submitted on this development indicated any of the lots were to be served by well and septic. Because this development was approved and sanitary restrictions were released for central sewer and water, I can not approve this CUP unless the lot was to connect to city water and sewer. After the hearing Mike Reno, Central District Health Department (CDHD), informed staff that a CDHD issued variance to allow septic on this site is not an option. The applicant is requesting a variance to the sanitary restriction law and variances can not be granted by the Central District Health Department. Changing the plat note as recorded with Resolution Subdivision does not appear to be an option either, as it will not change the fact that the sanitary restrictions were previously released. In order for CDHD to issue any septic approval for the subject lot it would have to be re-platted with on-site sewage disposal.  Testifying members of the public had concerns with the condition of the existing residence, the square-footage of the proposed residence, and violation of plat notes and CCR’s regarding house size and landscaping.  The applicant has not submitted any revised plans (landscaping or site) that reflect the Planning and Zoning Commission’s recommended changes. Further, staff would like to know how the Applicant proposes to green-up the remaining portion of the lot.