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Agenda Packet 1.22.25
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2025
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Agenda Packet 1.22.25
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9/2/2025 2:54:43 PM
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<br /> <br /> <br />Resolution No. 2025-XX <br />Page 2 of 4 <br /> <br />1. There is no special circumstances applicable to the subject property, <br />including size, shape, topography, location or surroundings, which <br />would deprive the subject property of privileges not otherwise at <br />variance with the intent and purpose of the provisions of this Chapter. <br />There exists no special circumstances applicable to the <br />subject property including size, shape, topography, location or <br />surroundings (i.e., property’s physical characteristics), that <br />would justify the granting of the minor exception or that would <br />prohibit the property owner from placing the required utility <br />lines underground. Rather, the location of the existing power <br />pole is such that the undergrounding and trenching of the <br />utility lines is viable and not obstructed by the property’s <br />physical characteristics and, in fact, the amount of <br />undergrounding and trenching of the utility lines would be <br />limited. Moreover, to underground the required utility lines, the <br />property owner does not have to traverse any adjacent <br />properties or public rights-of-way, necessitating easements or <br />encroachment permits, as the power pole is located on a <br />shared property line and accessible by the property owner. <br />Lastly, the property owner has stated that denial of the minor <br />exception would lead to delays to the project construction <br />timeline, trenching challenges due to the location of existing <br />utility lines, and additional project costs due to required four- <br />panel upgrades. However, none of these identified concerns <br />meets the definition of special circumstances or physical <br />hardships due to the property’s physical characteristics. <br />Therefore, the granting of the minor exception would instead <br />constitute a grant of special privilege, contrary to the intention <br />of the minor exception application and contrary to the SAMC. <br />2. That the granting of a minor exception will adversely affect the <br />General Plan of the city. <br />The subject property has a General Plan Land Use <br />Designation of Low Density Residential (LR-7), which is <br />implemented with the Two Family Residential (R-2) zoning <br />designation. The granting of a minor exception would <br />adversely affect the City’s General Plan in that a waiver from <br />undergrounding requirements would be in direct conflict, and <br />create inconsistency, with the Urban Design Element, Goal <br />UD-1 (Physical Character), which requires improvement of <br />the physical character and livability of the City to promote a <br />sense of place, positive community image, and quality <br />environment. A second electrical drop of the property would <br />be contributing to “visual clutter” because an overhead <br />connection already exists for the primary duplex residence
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