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1993-05-28 Letter, New Home Setback
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4680 Bayside Road - 31-118-23-33-0014
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1993-05-28 Letter, New Home Setback
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Last modified
8/22/2023 4:31:02 PM
Creation date
5/9/2023 10:38:52 AM
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x Address Old
House Number
4680
Street Name
Bayside
Street Type
Road
Address
4680 Bayside Road
Document Type
Correspondence
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3111823330014
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Ms. Colleen Shaughnessy <br />May 28, 1993 <br />Page 2 <br />Line Trail (labeled "north lot line") would be considered as the rear lot line, and the 100' <br />setback from that lot line would be a line parallel to the Luce Line and 100' south of the Luce <br />Line. <br />One could also argue that based on the south line being the front line, this property comes to <br />a point at the point labeled "X" on the sketch. The rear line by definition would then be an east - <br />west line 10' long, and the rear setback would be an east -west line 100' south of the rear lot <br />line. Again, the northeast line would be considered a side lot line and a 50' setback would be <br />in order. <br />In conclusion, while an initial reaction would be that the northeast line is clearly a rear lot line, <br />a review of the definitions leads us to conclude that it is a side lot line. Further, since no <br />construction will ever occur on the outlot to the northeast of Outlot C. there would be no impact <br />on adjacent structures under this interpretation. In conclusion, we will allow construction of a <br />residence 50' from the northeast lot line rather than the 100' setback I had indicated previously. <br />I have enclosed a copy of the resolution approving the plat of Painter's Creek. At the bottom <br />of page 1 it indicates that Outlot C is intended for future development, and that all future <br />development of the outlot will be subject to all requirements of the then current zoning and <br />Community Management Plan of the City. The definition of an outlot is "a lot which is intended <br />only for public or private roadways. open space or other use, which use must be restricted by <br />the appropriate easement and which use must be approved by the City at the time of final plat <br />approval. The use of the outlot will thereafter be restricted by the appropriate restrictive <br />covenant or open space easement." As of this writing, I am still researching whether any formal <br />action is required for changing the status from an outlot to a lot before a permit can be issued. <br />If we conclude that no further action is necessary, then the normal building permit procedures <br />would apply. If the outlot must be changed to lot status, I will advise you as to the procedure. <br />Please contact me at 473-7357 if you have any questions. <br />Sincerely, <br />Michael P. G iron <br />Asst. Planning & Zoning Administrator <br />MPG/ch <br />Enc. <br />cc: Jeanne A. Mabusth, Bldg. & Zoning Adm. <br />File <br />
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