August 14, 2025 - Agenda Item No. 8Designated to be Automatically Postponed for 30 Days

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Staff Recommendation

Approve the variance to allow a 25-ft permanent access and utility easement to connect to a 25-ft joint permanent easement instead of a public street based on the following evidence of hardship:

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1. Lot 2 was a flag lot connected to Haggard Dr by an access strip in the same location as the existing joint permanent easement. A 2007 plat split Lot 1 into 1A and 1B, and a subsequent 2010 replat removed the access strip that connected Lot 2 to Haggard Dr and created the joint permanent easement.
2. There is an existing driveway over proposed Lot 2R-1 extending from the joint permanent easement. This portion of the driveway is not part of the current agreement and the new owner does not want an additional lot added to the existing joint permanent easement.
3. Granting of the variance would not be detrimental to the public safety, health or welfare of the public, nor would it be injurious to other properties in the neighborhood as the driveway already exists and traffic would be minimally impacted by the addition of one home.

Approve the resubdivision plat for two lots in the RN-1 district.

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The final plat for the "Subdivision of Property of Juha A. & Whitney L. Miettinen" was recorded in 1995 (Instrument 1995102700666) and created Lots 1 and 2. A resubdivision plat splitting Lot 1 into Lots 1A and 1B was recorded in 2007 (Instrument 200705080091548). A replat of Lot 1A and Lot 1B was recorded in 2010 (Instrument 201002250054929) and removed the access strip that connected Lot 2 to Haggard Dr and created the joint permanent easement. Lot 1B was sold in 2014 and the new owner does not want an additional lot added to their easement agreement, which restricts any subdivision of Lot 2.

VARIANCE FROM SUBDIVISION REGULATIONS, ARTICLE 3.03, ACCESS STANDARDS, SUBSECTION A:

All lots shall have either frontage on a public street in accordance with Article 3.03.B of these Regulations or approved access to a public street by ONE of the following:

1. Access to a public street by an approved access easement;
2. Access to a public street by an approved private right-of-way;
3. Access to a public street by a previously approved joint permanent easement;
4. Access provided to a public street through some other legally binding document approved by the Planning Commission.

Such access shall provide a readily apparent physical means of traversable pedestrian and vehicular access from the lot(s) onto the street and shall meet the standards identified in Sections B-G.

In this case, Lot 2R-2 will have access to a public street by utilizing two of the options: a private right-of-way (formerly known as a joint permanent easement) and an access easement. Because the owner of Lot 1B does not want an additional lot added to the existing easement agreement, an additional access easement is necessary for Lot 2R-2 to be accessible from Haggard Dr.