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Scott Brooks March 18, 1998 Page 2 3. By Zoning Code definition, a rear lot line is "that boundary of a lot which is opposite the front lot line"; the south lot line is clearly the only lot line fitting that description. 4. By definition'lot width' is measured "at the rear of the required front yard", i.e. at the 50' setback from the front lot line. The lot width as measured between the east and west lot lines 50' back from the north lot line, easily met the 200' standard. But the width as measured along the 50' setback from the cul-de-sac was/is only about 140'. If the lot line abutting the private cul-de-sac had been considered as the front lot line, a variance for lot width for Lot 5 would have to have been granted at the time of subdivision. But no lot width variance was granted for Lot 5,even though one was granted for Lot 6. The conclusion is that the front lot line of Lot 5 was indeed formally considered to be the line abutting County Road 6. 5. The preliminary plat approval resolution specifically references the preliminary plat drawings in approving the layout of the plat. 6. The Zoning Code does not provide for a re-definition of setbacks or defined yards simply by virtue of access location; even though your driveway and your address would be on Cox Farm Road, the defined 'front' of your lot is still County Road 6. 7. If Cox Farm Road had continued north to County Road 6, Lot 5 would have been a corner lot, and the west boundary would have been considered the front because, by definition,the short side of a corner lot is considered as front. In that case,your south line would have been a side lot line with a 30' setback requirement. I understand that the above analysis may seem tedious; however, property owners must be able to rely on the upholding of City codes and past actions to maintain predictable standards, and from everything we reviewed, the property owner on Lot 6 would have every right to expect a home on Lot 5 to maintain a 50' setback from his north boundary. The fact that his north lot line was (by definition) his side lot line does not enter into the technical conclusion; nor does the fact that he oriented his house so that his functional back yard is technically his side yard. Notwithstanding all the above, it is conceivable that the Council might ultimately grant a variance to allow your home to be 30' rather than 50' from the south line, if you can show a hardship, i.e. demonstrate why the lot is not suitable for building a home that meets the 30' setback. The variance process involves a public hearing in front of the Planning Commission,with final action by the City Council.