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Tbo 1 97 4 Zoninq Code doclarrd this land to be ?onod HR-IB, 2 <br />Acre Single Family Residential. As far as existing lots of <br />record, it stated as follows; <br />31.201. Existing Lots. A lot of record existing u{>on <br />January 1, 1975 (the effective date of the Zoning Code) <br />under single separate ownership in an *'R" District, which <br />docs not meet the requirements of the Zoning Code as to area <br />or width may be utilized for a single family detached <br />dwelling purpose provided that in the- judgment of the <br />Council such use docs not adversely affect public health or <br />safety and the following requirements are met: <br />31.203. In "R" districts of Greater Than One Acre. A lot <br />of record in any *'R'' District in the City in excess of one <br />acre, which docs not meet the requirements of this Zoning <br />Code as to area or width only, may be utilized for single <br />family detached dwelling purposes if the Council finds: <br />(\) it is at least one acre in size, and the average <br />width of the lot is at least 100 feet; and <br />(2) it is either served by public sanitary sewer or <br />meets all the septic system requirements of the City or <br />other governmental body; and <br />(3) it otherwise meets the requirements of this '^r <br />other applicable ordinances. <br />Under the 1974 Code, the Council at their option could have <br />granted a lot area variance for a lot in single separate owner ­ <br />ship, but the Code again did not specifically discuss the stan ­ <br />dards for the separation of comimonly ^..w’ncd lots. The general <br />City policy, as evidenced by the outcome of at least one typical <br />zoning application in 1981 was that unsewered adjacent lots owned <br />in common could not be considered buildable and could not. be <br />separated unless each resulting lot or combination of lots in­ <br />cluded the required acreage in that zoning district. <br />Upon recodi f i cat i on in 1984 the Zoning Code was amended to <br />include the following Section 10.03, Subdivision 6 (C): <br />C. The separation by the transfer or sale of non-conform ­ <br />ing, undeveloped lots not served by public sanitary sewer, <br />aligned in a contiguous arrangement, undivided by a public <br />or private road or road casement and under same or common <br />ownership is required if the separation of such lots results <br />in individual building sites that satisfy the area and width <br />requirements of the Zoning Chapter. <br />Staff's interpretation of the current code is that the <br />applicant would be prohibited from separating his four adjacent <br />lots, since separation of either of the westerly lots from the <br />main property would result in the creating of building sites less <br />than two acres in area.