Agenda Packet Cc - regular meeting 9/12/1988

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19. The applicant maintains that when the zoning was proposed to be changed from R-lC (1 acre) to RR-lB ( 2 acre) in L974, he attended the public hearings and was told that his lots would still be buildable under the new zoning. This occurrence has not been documented by the applicant nor can it be verified by the City. Whether or not it occurred, the Zoning Code adopted by the City Council would be binding. Mr. Ferrell was notified in writing by the City in 1981, upon inquiry, that under the current code, no building permits for a new house would be issued, and tnat no basis existed for the granting of variances. 20. The 1967 Zoning Code,which designated the property as R-lC, 1 acre, 140 foot width, stated as follows regarding existing lots of record: 31.200. Existing Lots. A lot of record existing upon September 14, 1967 (the effective date of the Zoning Code) under single separate ownership in a "R" Residential District, which does not meet the requirements of the Zoning Code as to area or width may be utilized for a single family detached dwelling purpose provided that in the judgment of the Council such use does not adversely affect public health or safety. Single separate owner- ship includes joint ownership by not more than two persons. The 1967 Code di3 not discuss common ownership properties nor did it differentiate between sewered and unsewered lots of record. However, by using the term "Single Separate Ownership", it implied that other types of ownership would be treated differently but did not define in what way. Under this code, the appl.`.cant would have been allowed to build on Parcel 3 without a variance because the lot met the standards of the R-lC zoning district. Parcel 2 would have required a lot area variance in order to be legally buildable. 21. The Zoning Code adopted January 1, 1975, which declared the property to be zoned RR-lB, 2 Acre Single Family Residential, stated as follows regarding existing lots of record: 31.201. Existing Lots. A lot of record existing upon January 1, 1975 (the effective date of the Zoning Code) under single separate ownership in an "R" District, which does not meet the requirements of the Zoning Code as to area or width may be utilized for a single family detached dwelling purpose provided that in the judgment of the Council such use does not adversely affect public health or safety and the following requirements are met: 31.203. In "R" districts of Greater Than One Acre. A lot of record in any "R" D4 -trict in the City in excess of one acre, which does n(,' Pet the requirements of this Zoning Code as to area ..idth only, may be utilized for single family det=.ched dwelling pur;-)cses if the Council finds: Page 6 of 9