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TO:Planning Commission and Council •^495 <br />FROM:Jeanne A. Mabusth, Zoning Administrator <br />DATE:July 17, 1979 <br />SUBJECT: ^495 William R Pearce, 1405/1485 Sixth Avenue North <br />SUBDIVISION I <br />SKETCH PLAN REVIEW <br />The application Involves dividing a 35 acre parcel* Into two lots <br />(a 10 acre lot and a 25 acre lot). There are two designated wetlands <br />and a creek that the City will take a Flowage and Conseirvatlon <br />Easement over. Access to the property will be via an existing <br />private driveway that serves Mary Dayton's home. The private <br />driveway will become a private roadway since it will serve three <br />residential lots. The City will require an outlot for the road. <br />How wide should the outlot be - 50' or 30'? Should the City <br />take the underlying easement? <br />Please read the enclosed letter from Mr. Pearce, Staff has <br />required a formal plat for this subdivision. I have enclosed <br />the section of the platting code that deals with exceptions: <br />39.020 Subdivision Defined. "Subdivision" in this chapter means <br />the division of a parcel of land into two or more lots or parcels <br />for the purpose of transfer of ownership or building development} <br />provided that a division of land for agricultural purposes Into <br />lots or parcels of five acres or more and not involving a new <br />street or alley shall not be deemed a subdivision. The term <br />Includes re~subdivision and, when appropriate to the context, <br />shall relate to th6 process of subdividing or the land subdivided. <br />Division of any existing lot, parcel or plot of land shall be <br />considered within the purview of this chapter. <br />39.021 Exceptions. Any lot, parcel or plot of land existing of <br />September 1, 1971, In an area that Is the subject of a residential <br />zoning classification and upon which a residential structure or <br />structures exist, may be divided once Into two lots or parcels <br />without the necessity of full compliance with Sections 39.300 and <br />39.400 of this Code, upon application therefore and upon a finding <br />by the City Council following referral to the Planning Commission <br />and consideration of Its recommendations, that: <br />a) A residential structure or structures lies within the <br />lot or parcel proposed to be divided: