10-24-1988 - Agenda Packet City Council - regular meeting

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Zoning File #990 May 29, 1987 Page 7 of 4 C) 1925 West Farm Road - This is 3 single building lot containing 2.1 acres of which about 0.27 acr, is contained within a drainage easement for a creek (the same creek that traverses 900 North Brown Road), leaving 1.83 acres dry buildable. The septic system is not as shown on the site plan submitted by - .Lrell, but is a mound system located southeast of the house, set substantially back from and at a much higher elevation than the craek., This case is not at all similar to Ferrell's. The fact is, the City has of issued a building permit or granted a lot area variance for any substandard, commonly owned lots in an unsewered zone since that 1974-75 rezoning. Mr. Perrell's request, if approved, would ;et a precedent that would suggest at leaLL 22 other substandard lots in uns-veered zones could be requesting similar consideration. .it is staff's opinion that allowing substandard, unsewer.ed lots to be built on wil I not be advantageous to the City in its quest to keep sewer out of the rural areas. II. Ferrell's ownership and 1958 sub.iivision in relation to codes throughout thi years. Please review the memos of march 3, 1986 and November 13. 1985 for a summary of how Ferrell's current situation came abou4 and how changes in codes have affected his properties. The lots Ferrell created in 1958-•59 appear to have met or ne .rly met the standards in effect at that time. On October 12, 1959, the Council adopted Ordinance #22 which ali.,wed Council to grant variances for substarq—,rird lot in single separate ownership, inferring that commonly owned lotZ .-)uld not be automatically granted variances, and inferred that in the case _f common -ownership lots, enforcement of that orainance with respect to lots held in common ownership would not arbitrarily deprive the property owner —of a valuable right. (See Exhibit Z-3 of last meeting's packet.) The 1967 Code said substantially the same thing, i.e. by stating that it would be appropriate to consider variances for substandard size separate ownership_lots where health, safety and welfare concerns w,-re sati- ed, it inferred that such variances were not appropriate for sub- standard common -ownership lcts. The 1974 Code rezoned the property to 2-acLe, 200' minimum width, and set. up standards for the granting of va-`acres for unsewerea sin ) e separate ownership lots, i e. 1 acre, 100' width, septic OK, meets all other zoning standards; again implying (but ri-)t saying) that common - ownership lots could not be granted variances. in 1981, the City Council effectively denied a similar application for com,non-ownership unsewered substandard lot buildability, establishing City policy clearly.