05-28-1985 Council Packet - Laserfiche WebLink

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The 1974 Zoning Code declared this land to be zoned RR-lB, 2 Acre Single Family Residential. As far as existing lots of record, it stated as follows: 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 no" meet t`he 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" District in the City in excess of one acre, which does not meet the requirements of this Zoning Code as to area or width only, may be utilized for single family detached dwelling purposes if the Council finds: (1) it is at least one acre in size, and the average width of the lot is at least 100 feet; and (2) it is either served by public sanitary sewer or meets all the septic system requirements of the City or other governmental body; and (3) it otherwise meets the requirements of this or other applicable ordinances. Under the 1974 Code, the Council at their option could have granted a lot area variance for a lot in single separate owner- ship, but the Code again did not specifically discuss the stan- dards for the separation of commonly owned lots. The general City policy, as evidenced by fhe outcome of at least one typical zoning application in 1981 was that unsewered adjacent lots owned in common could not be considered buildable and could not be separated unless each resulting lot or combination of lots in- cluded the required acreage in that zoning district. Upon recodification in 1984 the Zoning Code was amended to include the following Section 10.03, Subdivision 6 (C): C. The separation by the transfer or sale of nonconform- ing, undeveloped lots not served by public sanitary sewer, aligned in a contiguous arrangement, undivided by a public or private road or road easement and under same or common ownership is required if the separation of such lots results in individual building sites that satisfy the area and width requirements of the Zoning Chapter. Staff's interpretation of the current code is that the applicant would be prohii.ited from separating his four adjacent lots, since separation of either of the westerly lots from the main property would result in the creating of buil ng sites less than two acres in area. 2