06-12-1989 Council Packet - Laserfiche WebLink

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Zoning Pile #1397 April 13, 1989 Page 3 of 5 All existing gravelled parking areas on Fircel B must be removed within the required 50* front street yard area and within 10* of the north side lot line. Portions of gravelled area may be retained for access drive but cannot continue to be used for parking purposes. During the review of the conditional use permit for the duplex use, a restrictive covenant was noted that was filed against the chain of title of the Art Center property (review Exhibit E). The covenant was required as a control over all future building expansion for the total property of the Art Center. It is not clear why the City requested the covenant nor is it clear why the combination of all the separate parcels was not required as the code itself under the conditional use permit for schools would require City review and approval of all expansion of the facility. Clearly the restrictive covenant places undue restriction on the new owner of proposed Parcel B. The City is comfortable with the existing controls on the Art Center school use based on the existing ordinances. Staff sees no need for the restrictive covenant to remain. Planning Commission may have other opinions on this matter, hut it would be staff's recommendation that we ask the Attorney who represents the Art Center to prepare the appropriate documents that would extinguish the covenant on all the separate parcels. The City Attorney will review the document. Please review Exhibit F, if the City is to accept a Metes & Bounds division for the lot line rearrangement, we will require that the format of the subdivision be presented as proposed with the four parcels (A through D). The subdivision approval will be conditioned on the appropriate combinations. Options of Act.^ on - 1. Denial. Please refer to Section 11.02, Subdivision 10 for the necessary findings. 2. Approval based on the following conditions: A) Two substandard parcels created by this metes and bounds division to be combined with primary use par* jIs. B) All gravelled parking area located within required yard areas and within 10* of a side lot line to cease use. Parking subject to all the rules and regulations set forth under Section 10.61 of the zoning code. C) Future owner cf single family residence lot is hereby advised that beca\‘se of the substandard side setback approved with this lot line rearrangement, that no future additions to the west side of the structure shall be approved. All new construction must meet the setback standards of the RR-lB zoning district. D) Prior to the issuance of the Certificate of Occupancy for the conversion of the existing jchool structure to a single family residence, the property must be connected to municipal sewer.