Agenda Packet Cc - regular meeting 9/12/1988

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Zoning File #990 September 8, 1988 Page 3 of 6 7. A new zoning code was adopted in 1967. Ferrell's property still was zoned for 1 acre in area, 140' width, no substantial changes from the 1959 ordinance, but the new ordinance did state that substandard existing lots of record as of 9/14/67 under single, separate ownership could be granted building permits if the Council finds that they would not adversely affect public health or safety. The ordinance did not specifically discuss common ownership lots, but by omission inferred again that they would not be granted permits. 8. The 1974 zoning code, which became effective in January of 1975, rezoned a large rural section of the City from 1 acre to 2 acre minimum lot size, 200' minimum width. This included the Ferrell properties. This code set specific standards for use of substandard single, separate ownership lots of record in the 2 acre zone, i.e.: a) Must be at least 1 acre, 100' width. b) Must meet all septic requirements or be sewered. c) Meets all other applicable standards. But again the 1974 code specifical'•; .,.d not discuss common ownership lots. 9. The Alden Anderson common ownership lot buildability application at 1900 Shoreline Drive was denied by the City in 1981, based on a lack of the required 2 acre lot area, setting a precedent for denial of situations such as Ferrell's. 10. The 1984 zoning code, which currently is in effect, requires Council approval to separate (read "sell") adjacent, undeveloped, non- conforming, commonly owned lots if the resulting lots do not meet area or width standards. Clearly in the Ferrell case, Council approval is required in order to separate the conforming 2.9 acre group of parcels into substandard parcels.