Title
Subdivision Exception Application by Christopher R. and Amy W. Barbour for Exceptions to Subdivision Ordinance Sections 35-10(B)(2), 35-10(B)(6), And 35-71(H) at 13 Thomas Nelson Drive
Purpose
Background Statement:
UPDATE: Applicant is requesting a deferral of this item until the October 13, 2021, meeting of the City Council.
This is a subdivision exception application for 13 Thomas Nelson Drive. The property owners have applied for a Boundary Line Adjustment to alter the property line between Lot 3A and Lot 3B within the subdivision, which would result in Lot 3A increasing by 1,150 square feet and becoming irregularly shaped. Creation of irregularly shaped lots is prohibited by section 35-10 of the Hampton City Code, however, the Subdivision Agent can administratively approve an irregular lot if the applicant can establish that, due to exceptional physical or topographical circumstances and conditions affecting the overall parcel, approval is necessary. In this case, the Subdivision Agent denied the administrative request.
Since the City Council updated the subdivision chapter in 2011 to preclude the creation of irregularly shaped lots, this is only the second exception application. Subdivision exception applications are a different type of request compared to other land use applications, such as rezonings and use permits, which typically reviewed and acted upon by Planning Commission and City Council. Where rezoning and use permit decisions are generally higher level questions of zoning and land use, and are made based upon adopted policy and plans, subdivision exceptions applications are a request for a waiver of regulations and requirements of the subdivision ordinance.
Section 35-7 of the City Code states that subdivision exception requests are to be granted only if all of six specific criteria are met. The burden is on the applicant to demonstrate the need for the exception. The six criteria are:
1. Strict adherence to the ordinance requirement...
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