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To: Planning Commission Members <br />From: Michael P. Gaffron, Assistant Zoning Administrator <br />Date: April 8, 1985 <br />Subject:: #903 Ward P. Ferrell, 3405 Watertown toad - <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 />Ex�- t <br />A <br />- Application <br />Ex c <br />B <br />- Property Owners List <br />Exhi..it <br />C <br />- Plat Map <br />Exhibit <br />D <br />- Survey <br />Exhibit <br />E <br />- Proposed Site Plan <br />Exhibit <br />F <br />- Staff Sketch of Lot Areas <br />Exhibit <br />H <br />- Staff Letter to Applicant 2/27/85 <br />Exhibit <br />I <br />- Draft Resolution From Alden Anderson <br />(Application #635) <br />Exhibit <br />J <br />- Tax History <br />The applicant owns four adjacent tax parcels in the RR-lB <br />zoning district totaling 2.90 -^res. The existing house, well, <br />and septic system are contain ithin the two easterly parcels <br />totaling 1.01 acres. The two cerly parcels are 1.04 and 0.85 <br />acres respectively. The applicant wishes to obtain a building <br />permit for the 1.04 acre lot. <br />Mr. Ferrell became owner of all four parcels prior to <br />1967 zoning code. The 1967 Code declared the land in question <br />Zone R-1C, 1 Acre Single Family Residential.. That 1967 <br />stated, regarding lots of record, as follows: <br />31.200. Existing Lots. A lot of record existi 4 upon Sept. <br />14, 1967 (the effective date of the Zoning Code) under <br />single separate ranership in a "R" Residential District, <br />which does not. mr --t the requirements of the Zoning Code as <br />to area or widt.i may be utilized for a single family <br />detached dwelling purpose provided that in the judgement of <br />the Council such use does not adversely affect public health <br />or safety. Single separate ownerships includes joint - <br />ship by not more than two persons. <br />The 1967 Code did not discuss common ownership properties <br />nor did i' differentiate between sewered and unsewered lots of <br />record. under this code, the applicant would likely have been <br />allowed to build on the lot in question without a variance be- <br />cause the lot met the standards of the 1 acre zoning district. <br />