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03-10-1986 Council Packet
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03-10-1986 Council Packet
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Zoning File #990 <br />Novemb#� r 13, 1985 <br />Page 4 of 5 <br />Staffs interpretation of the current code is that the applicant would <br />be prohibiters from separating his four adjacent lots, since separation of <br />either of the westerly lots from the main property would result in the <br />creating of building sites less than two acres in area. The applicant <br />appeared before you in April 1985 on an appeal basis rather than a full <br />variance application at staff's urqing because a similar application had <br />been turned down in recent years and staff wanted applicant to get general <br />direction from the Planning Commission and Council prior to spending large <br />dollar amounts in developing plans. septic testing, surveys, application <br />fees, etc. The Planning Commission and Council directive to the applicant <br />was that it is unlikely they would aprove two new houses, and perhaps would <br />allow one new house resultinct in a 1.5 acre density on the total property. <br />Applicant now appears before you requesting that both westerly parcels i <br />be declared buildable. He has provided surveys of both parcels, and has 14 <br />provided soil testing and septic system designs indicating that each lot <br />could in fact support a primary and alternate drainfield system (mounds at <br />all sites) to serve 3-bedroom houses, given no future encroachments. The? 4 <br />a j-vi i cant has not provided a survey of the properly with the existingL <br />house, nor has he provided septic testing to prove that the property has an� <br />alternate site for a dr.ainfi.eld. These items were specifically requested in <br />the "nc:tice of Council action" sent to the applicant on 5/31/85. Applicant <br />refuses to accept the fact that in order to grant variances to build on the <br />two vacant lots, we also grant variances to the existing developed lot (see <br />notice of 5/31/85). <br />Two questions, then, need to be answered. <br />1. Does each lot, of and by itself, have the capability to <br />permanently support a house, septic system, well, and the other <br />appropriate amenities in the rural zone? If so, <br />2. Is the Planning Commission and Council willing to set a precedent, <br />i.e. do away with the common ownership limitation in the unsewered <br />zone? <br />The ramifications of Item 2 are significant. As many as 28 vacant <br />lots in the rural unsewered zones are commonly owned with adjacent parcel, <br />and are 1/2 - 1 1/2 acres in area, and could expect to request the save <br />benefit of buildabili.ty. Many more such lots have been legally combined, <br />which presumably denies them any status unless re -subdivided. <br />We saw during the appeal that the tax <br />parcels were lowered as of 1983, which <br />separated lots were then given "accessory <br />value, since the main lot. land value inc <br />Perhaps this was a result of the assesso <br />i of t; were not buildable without var. i anef <br />unt i 1 1979 and perhaps ar, late as 1982, t..... <br />same as the main lot. Ferrell obviously felt <br />separate building sites. <br />)ns on Ferrells adjacent <br />he appearance that the <br />ue and not: building site <br />irkedly at the same time. <br />ng that the two westerly <br />�a appear that perhaps up <br />loos were valued much the <br />ne was paying taxes on these :a, <br />
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