PLA-V25-021 Staff Decision - Laserfiche WebLink

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The unnecessary and unreasonable hardships are explained in detail in the previous section of this document that addressed MCC 17.122.020(a). F. Whether the request is the minimum necessary to permit development of the property for the proposed use; The request is indeed the minimum necessary to permit the continuation of the nonconforming use at its current capacity, as explained in detail in the previous section of this document that addressed MCC 17.122.020(c). G. Whether the request will not have a significant adverse effect on property or improvements in the neighborhood of the subject property; This is considered in the previous section of this document that addressed MCC 17.122.020(d). H. Whether the request will not have a significant adverse effect upon the health or safety of persons working or residing in the vicinity. This is considered in the previous section of this document that addressed MCC 17.122.020(c). The applicant provided, and staff assessed, consideration of all sections of MCC 17.114.150, and the criteria for Variances required by MCC 17.122.020. The proposal for a variance to expand the nonconforming use in order to build a replacement septic system that will allow the Olds Mobile Home Park to continue at its current capacity meets all criteria required for approval. 9. The criteria for reviewing lot line adjustments within an EFU zone are listed in Chapter 17.136.090(C) MCC. These criteria are as follows: 1. When one or more lots or parcels subject to a proposed property line adjustment are larger than the minimum parcel size pursuant to subsection (A)(1) of this section, the same number of lots or parcels shall be as large or larger than the minimum parcel size after the adjustment. When all lots or parcels subject to the proposed adjustment are as large or larger than the minimum parcel size, no lot or parcel shall be reduced below the applicable minimum parcel size. If all lots or parcels are smaller than th e minimum parcel size before the property line adjustment, the minimum parcel size pursuant to this section does not apply to those lots or parcels. Both parcels are smaller than the minimum parcel size in the EFU zone. The criterion does not apply. 2. If the minimum parcel size in subsection (A)(1) of this section is larger than 80 acres, and a lot or parcel subject to property line adjustment is smaller than the minimum parcel size but larger than 80 acres, the lot or parcel shall not be reduced in size through property line adjustment to less than 80 acres. The criterion does not apply. 3. Any property line adjustment shall result in a configuration of lots or parcels that are at least as suitable for commercial agriculture as were the parcels prior to the adjustment. Neither parcel is particularly suitable for commercial agriculture. The southern parcel contains the Olds Mobile Home Park. The northern parcel is almost 7-acres and contains a homesite and approximately 6- acres devoted to nursery crop production. This area in agricultural use will be smaller, but still adequate for nursery crop production. The criterion is met. 4. A property line adjustment may not be used to: a. Decrease the size of a lot or parcel that, before the relocation or elimination of the common property line, is smaller than the minimum lot or parcel size for the applicable zone and contains an existing dwelling or is approved for the construction of a dwelling, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling; b. Decrease the size of a lot or parcel that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than the minimum lot or parcel size, if the abutting