03-10-1986 Council Packet - Laserfiche WebLink

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Zoning File #990 March 3, 1986 Page 2 ownership lots aoul.d not be granted building permits, and established that the Council could allow variances to this section at Council's discretion. 1967 Zoning Code - Property still zoned 1 acre, 140' width, r substantial changes from 1959 Ordinance #22, but did state that substandard existing lots of record as of 9/14/67 under single separate ownership could be granted building permits if the Council finds they would not adversely affect public health or safety. Did not specifically discuss common ownership lots, but by omission inferred again they would not be granted permits. 1974 Zoning Code - Property rezoned to 2-acre, 200' minimum width. This code set specific standards for use of substandard single separate ownership lots of record in the 2 acre zone i.e.: 1) must be at least 1 acre, 100' width 2) must meet all septic requirements or be sewered 3) meets all cther applicable standards But again, the 1974 code specifically did not discuss common ownership lets. The Alden Anderson common ownership lot buildability application at 1900 Shoreline Drive was denied in 1981 baseu on lack of the required 2 acre lot area, setting a precedent for denial of situations such as Ferrell's. 1984 Zoning Code - requires Council approval to separate (read "sell") adjzcent undeveloped nor -conforming commonly owned lots if the resulting lots do not meet area or width standards. Clearly in the Ferrell case, Council approval is required in order to separate the conforming 2.9 acre group of parcels into substandard parcels. Note that the 0.85 acre center lot, which would only be approximately 0.97 acre even if road right-of-way w,..- included, would likely have required a variance under all previous zoning codes, and both vacant parcels would have required variances since the 1974 zoning code. Finally, please review the exhibits, especially the memo' of 11/13/85 and 2/6/86. Planning Commission reviewed this application on 2/18/86 and recommended denial of 2 additional building sites, but recommended approval of 1 additional Site for a density of approximately 1.5 acres per building site (see exhibit D). Approval of even 1 new site will Pet a precedent in complete reversal of the Alden Anderson denial in 1981. Weigh this against the fact that applicant has shown that the 2 proposed building sites both can meet the septic code requirements it development of the property is minimal (no swimming pools, no tennis courts). Staff will draft a resolution for your next meeting reflecting Council's direction.