PLANNING DIVISION MEMO DATE:

December 18, 2017

TO:

Mayor and City Council

FROM:

Lane Thompson, Public Works Director

RE:

December 14, 2017 City Council Packet Item RES 39-17/PL 17-26 Barton Subdivision and Alley Right-of-Way Encroachment permit – 132, 132 ½, and 134 North Thurmond St.

Staff Recommendation Staff recommends the City Council approve the final plat for PL 17-26, the Barton Subdivision, replatting portions of two lots into two lots with the following stipulations and conditions: 1. That the Council simultaneously approve a right-of-way encroachment permit for the existing duplex. 2. That a variance from the Sheridan City Code Appendix B §505(C)(1) for the depth to front ratio of 2 ½ to 1 to allow lot 1 a ratio of 3.13 to 1 and lot 2 a ratio of 2.71 to 1 be granted. 3. That the required separate water taps and sewer service be installed prior to the filing of the subdivision plat.

Planning Commission Action The Planning Commission recommended approval for this final plat as presented at their December 11, 2017 meeting. The preliminary plat was considered and approved at their November 27, 2017 meeting. Other than the applicant, no residents spoke either for or against the project at the Planning Commission meeting. Potential Findings Prior to approving the final plat at a later date, the City Council will need to make the following findings per Sheridan City Code Appendix B §202: (A) The City shall not approve any proposed subdivision of land which, by itself, or as a part of a larger tract, is contiguous to or completely surrounded by the boundaries of the City, unless the application is accompanied by a properly-acknowledged petition for annexation to the City. (B) The City shall not approve any proposed subdivision of land which is within one mile of the corporate limits of Sheridan but not, at the time of submittal, eligible for annexation, unless the application is accompanied by a properly acknowledged agreement not to contest future annexation proceedings. (C) Every plat shall conform to the Zoning Ordinance currently adopted at the time of final plat approval. 55 GRINNELL PLAZA SHERIDAN, WY 82801 PHONE: (307) 674-6483 FAX: (307) 674-2195 Page 1 of 5

(D) All new subdivision developments within the Airport Influence Area within the city limits of the City of Sheridan shall grant an Avigation Easement to the Sheridan County Airport. (E) No subdivision shall be approved within the corporate limits of the City of Sheridan, or one mile thereof, unless City Public Works staff concludes that an adequate long-term water supply exists to support the proposed use and density of the subdivision In accordance with City adopted policy. City elected officials acting as Council representatives on other boards or committees that review development shall likewise consider long-range water supply in making any determination. Background The applicant, Fred Barton, has applied to replat his property, located at 132, 132 ½, and 134 N Thurmond St. His request is to realign the property lines, from a north-south direction to east-west direction. The current layout, below in red, involves partial lots. The two dwellings facing Thurmond are grouped together on one lot. The building on the north side has a very small back yard. The back building does not have a street frontage.

55 GRINNELL PLAZA SHERIDAN, WY 82801 PHONE: (307) 674-6483 FAX: (307) 674-2195 Page 2 of 5

The new arrangement, below in red, will give both front dwellings separate frontage on Thurmond, and larger back yards. The garage/apartment building will be in the back of one lot. The lots will meet the area requirements for an R-3 Residence District.

Board of Adjustment approved setback variances for the side yard and rear yard at their November 13, 2017 meeting. A variance from the Sheridan City Code Appendix B §505(C)(1) for the depth to front ratio of 2 ½ to 1 to allow lot 1 a ratio of 3.13 to 1 and lot 2 a ratio of 2.71 to 1 is requested. The survey of the property also uncovered the fact that the two buildings next to the alley encroach by .09 feet and 1.1 feet into the alley right-of-way. Both buildings were built in 1910 and the alley continues to function as is. Mr. Barton is requesting a right-of-way encroachment permit from the City Council simultaneously to the consideration of the subdivision request. To clarify the subdivision, the depth to front variance and encroachment are being bundled together. The applicant has requested that the in lieu of a developers agreement, that the required separate water taps and sewer service will be installed prior to the filing of the subdivision plat. This is an unusual request, however, given the size of the subdivision, staff is willing to wait to record the plat. The list of variances, encroachment and depth to front ratio issues are a result of an infill project, involving buildings 90+ years old. The Sheridan Land Use Plan acknowledges the difficulty of these projects and gives examples of how to make them more compatible with existing neighborhoods, by 55 GRINNELL PLAZA SHERIDAN, WY 82801 PHONE: (307) 674-6483 FAX: (307) 674-2195 Page 3 of 5

using street frontage characteristics, building orientation, front setback patterns, and landscaping and backyard patterns. This subdivision will result in street frontage for the main buildings, larger back yards and will meet area requirements. While the lots are already built out, by granting these variances it makes a more uniform layout of housing lots and will make marketing the homes easier. As part of the application process, staff contacted nearby property owners of 47 nearest neighbors. Staff has heard neither positive nor negative comments in response to the mailings or press publication. Staff Comments Staff offers the following comments on final plat required findings: (A) The City shall not approve any proposed subdivision of land which, by itself, or as a part of a larger tract, is contiguous to or completely surrounded by the boundaries of the City, unless the application is accompanied by a properly-acknowledged petition for annexation to the City. This property falls completely within the City limits, so this condition does not apply. (B) The City shall not approve any proposed subdivision of land which is within one mile of the corporate limits of Sheridan but not, at the time of submittal, eligible for annexation, unless the application is accompanied by a properly acknowledged agreement not to contest future annexation proceedings. Again, not applicable in this case, the property is within the city limits. (C) Every plat shall conform to the Zoning Ordinance currently adopted at the time of final plat approval. The property is zoned R-3 Residence and each of the proposed lots meet the minimum 4,000 square feet in area. The Board of Adjustment granted a variance for the side yard and rear setbacks. A variance is requested for the depth to front ratio. (D) All new subdivision developments within the Airport Influence Area within the city limits of the City of Sheridan shall grant an Avigation Easement to the Sheridan County Airport. The subdivision is outside of the Airport influence area. (E) No subdivision shall be approved within the corporate limits of the City of Sheridan, or one mile thereof, unless City Public Works staff concludes that an adequate long-term water supply exists to support the proposed use and density of the subdivision In accordance with City adopted policy. City elected officials acting as Council representatives on other boards or committees that review development shall likewise consider long-range water supply in making any determination. This property has been platted since 1892 and was annexed in 1908. No additional housing is planned. 55 GRINNELL PLAZA SHERIDAN, WY 82801 PHONE: (307) 674-6483 FAX: (307) 674-2195 Page 4 of 5

Below are staff’s overall comments on subdivision design: Lot Layout and Setback As covered above, the proposed subdivision meets some of the requirements of R-3 zoning and will have adequate access. The depth to front ratio variance is a reasonable request for this location. (1) The granting of the variance will not be detrimental to the public safety, health or welfare, or be injurious to other property; The proposed depth to front ratio is modest and will match similar layouts in the same neighborhood. (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property in the area; or because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; The existing lot configuration restricts the depth to front ratio. (3) The variance is necessary for reasonable development of the property in question and will alleviate a clearly demonstrable hardship. Without the proposed variance it will be difficult to sell the existing dwellings without a backyard. Sidewalk Both of the proposed lots are and will continue to be served by existing sidewalks. Floodplain The property does not fall within the regulated floodplain. Staff has no further comments at this time. Attachments: 1. Final plat 2. Draft Resolution 39-17 3. Draft right of way encroachment permit and site plan 4. Aerial Photograph

55 GRINNELL PLAZA SHERIDAN, WY 82801 PHONE: (307) 674-6483 FAX: (307) 674-2195 Page 5 of 5

CITY OF SHERIDAN Resolution 39-17 A resolution approving PL 17-26, the final plat of the Barton Subdivision, replatting two partial lots, being in total 8624 sq feet, at 132, 132 ½, and 134 N Thurmond and also granting of a right-of-way encroachment permit for the existing duplex and apartment/garage building. WHEREAS, the final plat of the Barton Subdivision and accompanying right of way encroachment permit has been reviewed for consistency with Appendix B (Subdivision Regulations) and other applicable City code; and WHEREAS, all applicable requirements for a final plat, have been met and all documents meet the applicable requirements in Appendix B (Subdivision Regulations) with the exception of the depth to front variance from Sheridan City Code Appendix B §505(C)(1) requiring; The depth-to-front ratio of lots shall not exceed 2.5 to 1, to allow Lot 1, a ratio of 3.13 to 1 and Lot 2 a ratio of 2.71 to 1. WHEREAS, all applicable requirements for a minor subdivision, have been met and all documents meet the applicable requirements in Appendix B (Subdivision Regulations), with the exception of the variance request for depth to front, and WHEREAS, staff review of the right-of-way encroachment request has indicated that the given the age and configuration of the existing duplex and apartment/garage, granting a right-of-way encroachment permit would be neither injurious to surrounding property nor unduly impede the use of the alley right-of-way, NOW THEREFORE Be it resolved by the City Council of the City of Sheridan, Wyoming that the Barton Subdivision, replatting the south 77 feet of Lots 1 and 2, of Block 4 of the Alger Addition to the Town, now City of Sheridan, Sheridan County, Wyoming, into two lots, being 8624 sq feet, Is hereby approved by vote of the City of Sheridan’s City Council with the following variance: 1. A variance from Sheridan City Code Appendix B §505(C)(1) allowing the depth to frontage ratio, along with the granting of a right-of-way encroachment permit for the existing duplex and apartment/garage. And with the following condition: 1. The required separate water taps and sewer service will be installed prior to the filing of the subdivision plat.

In approving the variance from the depth to frontage ratio requirements for Lot 1, the City Council finds the following in accordance with SCC Appendix B §204(A). 1. The granting of the variance will not be detrimental to the public safety, health or welfare, or be injurious to other property; 2. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property in the area; or because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out;

3. The variance is necessary for reasonable development of the property in question and will alleviate a clearly demonstrable hardship. In approving the Barton Subdivision, the City Council finds the following as required by Sheridan City Code Appendix B §202: A. The property is already within the corporate limits of the City and requires no further action as pertains to annexation. B. The lots as platted conform to the requirements of the City Zoning Ordinance with the exception of the variance granted. C. The subdivision falls outside of the Airport Influence Area. D. As concluded by City Public Works staff, there is adequate long-term water supply to serve this subdivision as of the time of this resolution. Passed, approved and adopted this _______day of _____________, 2017.

_______________________________ Roger Miller, Mayor

Attest:

________________________________ Cecilia Good, City Clerk

CITY OF SHERIDAN ENCROACHMENT/USE PERMIT The City of Sheridan (herein the “City”) hereby grants to Fred M. Barton (herein the “Owner”), and his successors, as the owner of that real property commonly known as 134 N Thurmond St., Sheridan, Wyoming and more particularly described as Lot 2, Barton Subdivision, Sheridan County, Wyoming; permission to use a portion of the City’s right of way, as follows, and as: 1.

The duplex constructed along the alley encroaches at its furthest point, 1.1 feet into the alley right-ofway and also a garage/apartment along the alley encroaches .9 feet, as shown on the attached survey map (attached as Exhibit A)

2.

The Owner desires to continue to utilize the duplex and garage/apartment at the above mentioned location for the foreseeable future.

3.

The City agrees that, at the present time, the Owner’s existing improvements within platted street rightsof-way encroached on do not, and for the foreseeable future will not interfere, with the City’s or general public’s needs of access or rights therein.

4.

Nothing herein shall prevent the request for vacation of the rights-of-way described herein.

THEREFORE, for so long as the City does not require the municipal or public use of the above-described right-ofway area for access, the City does hereby grant an encroachment/use permit allowing the Owner to continue to utilize the portion of the alley right-of-way presently occupied by the portion of the residential duplex, and apartment/garage. This permit may be revoked by the City upon the City’s reasonable determination that there is a municipal or public need to use the affected portion of right-of-way and such need outweighs the benefit from the existing use of each right of way. Owner shall do nothing to increase its current encroachment into the right-of-way and should any of the encroaching structure be destroyed, it shall not be rebuilt within the rights of way. This permit is recorded in the Sheridan County Clerk’s office to ensure that the public record reflects said permit having been granted by the City of Sheridan. This permit is hereby executed by the duly authorized representative of the municipality known as The City of Sheridan on this ___ day of December , 2017. THE CITY OF SHERIDAN ATTEST: _________________________________________ Cecilia Good (Clerk)

__________________________________ Roger Miller, Mayor

__________________________________________ Fred M Barton STATE OF WYOMING

) ) ss COUNTY OF SHERIDAN ) The above and foregoing instrument was subscribed, sworn to, and acknowledged before me by Mayor Roger Miller and Cecilia Good, both with the authority to so execute on behalf of the City of Sheridan, a municipal corporation within Sheridan County, Wyoming, this ____ day of December, 2017. __________________________________ Notary Public My commission expires: STATE OF WYOMING

) ) ss COUNTY OF SHERIDAN ) The above and foregoing instrument was subscribed, sworn to, and acknowledged before me by Fred M. Barton this ____ day of December, 2017. __________________________________ Notary Public My commission expires:

355 SMITH ST

349 SMITH ST 345 SMITH ST

!

!

305 SMITH ST APT A

335 SMITH ST 325 SMITH ST

!

!

!

N JEFFERSON ST

!

301 SMITH ST

!

305 SMITH ST APT B ! B2-ZONE

SMITH ST

R-3 ZONE

326 SMITH ST

!

370 SMITH ST

!

R3-ZONE

360 SMITH ST

344 SMITH ST

!

Barton Subdivision

328 SMITH ST

!

!

132 1/2 N THURMOND ST

!

132 N THURMOND ST

!

134 N THURMOND ST

!

!

N THURMOND ST

130 N THURMOND ST

325 W BRUNDAGE ST 361 W BRUNDAGE ST

369 W BRUNDAGE ST!

!

349 W BRUNDAGE ST

!

337 W BRUNDAGE ST

!

!

317 W BRUNDAGE ST

!

303 W BRUNDAGE ST

!

W BRUNDAGE ST

DISCLAIMER: The City of Sheridan GIS Division produced this map for informational purposes only. The City of Sheridan provides this map on an "as is" basis without warranties of any kind, either expressed or implied, and shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of such map. The user acknowledges and agrees that the use of such data is at the sole risk of the user. General questions about this map including errors, omissions, and/or updates should be directed to the City of Sheridan GIS Division.

356 W BRUNDAGE ST APT 1

!

!

Barton Subdivision

±

0

12.5

25

Name: sgoodman

50 Feet

Date: 11/30/2017