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ic <br />To: Planning Commission Members <br />S-19-s7 <br />From: Michael P. Gaffron, Assistant Zoninq Administrator <br />Date: April 8, 1985 <br />Subject: #903 Ward P. Ferrel]., 3405 Watertown Road - <br />Interpretation of zoning code regarding the buidability <br />of substandard commonly -owned lots in the RR-lB un- <br />sewered zoning district. <br />List of Exhibits <br />Exhibit A - Application <br />Exhibit. B - Property Owners List <br />Exhibit C - Plat Map <br />Exhibit D - Survey <br />Exhibit E - Proposed Site Plan <br />Exhibit F - Staff Sketch of Lot Areas <br />Exhibit H - Staff Letter to Applicant 2/27/85 <br />Exhibit I - Draft Resolution From Alder. Anderson <br />(Application. #635 ) <br />Exhibit J - Tax History <br />The applicant owns four adjacent tax parcels in the RR-lB <br />zoning district totaling 2.90 acres. The existing h se, well, <br />and septic system are contained within the two easterly parcels <br />totaling 1.01 acres. The two westerly parcels ar- 1.04 and 0.85 <br />acres respectively. The applicant wishes to (_;.'taln a building <br />permit for the 1.04 acre lot. <br />Mr. Ferrell became owner of all four parcels prior to the <br />1967 zoning code. The 1967 Code declared the land in question as <br />Zone R-lC, 1 Acre Single Family Residential. That 1967 Code <br />stated, regarding lots of recor3, as follows: <br />31.200. Existing Lots. A lot of record existing upon Sept. <br />14, 1967 (the effective date of the Zoning Code) under <br />single separate ownership in a "R" Residential District, <br />which does not meet the requirements of the Zoning Code as <br />to area or width may be utilized for a single family <br />detached dwelling purpos provided chat in the judgement cf <br />the C )uncil such use does not ;.dversely affect public health <br />or safety. Single separate ownerships includes joint owner- <br />ship by not more than two person - <br />The 1967 Code did not discuss common ownership properties <br />nor did it d; fferentiate between sewered and unsewereC lots of <br />record. Under this code, the applicant would likely have 'been <br />allowed :o build on the lot in quo Lion without a var.Lance be- <br />causf, ~he lot met the standards of e 1 acre zoning district. <br />