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To:Planning Commission Member s <br />From:Michael P. Gaffron, Assistant Zoning Administrator <br />Date:April 8, 1985 <br />Subject #903 Ward P. Ferrell, 3405 Watertown Hoad - <br />Interpretation of zoning code regarding the buidability <br />of substandard commonly-owned lots in the RR-lB un- <br />sewered zoning district. <br />List of Exhibits <br />Exhibit A <br />Exhibit B <br />Exhibit C <br />Exhibit D <br />Exhibit E <br />Exhibit F <br />Application <br />Property Owners I.ist <br />Plat Map <br />Survey <br />Proposed Site Plan <br />Staff Sketch of Lot Areas <br />Exhibit H <br />tgtfi <br />• Staff Letter to Applicant 2/27/85 <br />Exhibit I - Draft Resolution From Alden Anderson <br />(Application #635) <br />Exhibit J - Tax History <br />The applicant owns four adjacent tax parcels in the RR-IB <br />zoning district totaling 2.90 acres. The existing house, well, <br />and septic system are contained within the two easterly parcels <br />totaling 1.01 acres. The two westerly parcels are 1.04 and 0.85 <br />acres respectively. The applicant wishes to obtain a building <br />permit for the 1.04 acre lot. <br />Mr. Ferrell became owner of all four parcels prior to the <br />1967 zoning code. The 1967 Code declared the land in question as <br />Zone R-IC, 1 Acre Single Family Residential. That l'^67 Code <br />stated, regarding lots of record, as follows; <br />31.200. Existing Lots. A lot of record existing upon Sept. <br />14, 1967 (the effective date of the Zoning Code) under <br />single separate ownership in a "R" Residential District, <br />which does not meet the requirements of the Zoning Code as <br />to area or width may be utilized for a single family <br />detached dwelling purpose provided that in the judgement of <br />the Council such use does not adversely affect public health <br />or safety. Single separate ownerships includes joint owner­ <br />ship by not more than two persons. <br />T)ie 1967 Code did not discuss common ownership properties <br />nor did it differentiate between sewered and unsewered lots of <br />record. Under this code, the applicant would likely have be *n <br />allowed to build on t)ie lot in question without a variance be­ <br />cause the lot met the standards of the 1 acre zoning district. <br />1 <br />V <br />44