10-17-2005 Planning Commission Packet

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#05-3160 October 12,2005 P�ge 3 In staff's opinion anci that of the City Attorney, the zoning code stiggests that this proposal requires platting. However, platting brings into play a variety of other factors, including park dedication, storm water and dr�inage trunk fees, septic testing, wetland deline�tion (which has been completeci), etc., all of which add complexity, time, and costs to the review/approval process, which the applic�nt wishes to lvoici. A�plicant's position is that he is merely combining two existing buildable lots into one (doesn't require City approval in the normal case), then doing a simple lot line rearrangement to straighten out the resulting lot line (i.e. a Class I subdivision allowed via metes and bounds if each lot is 5 acres and has 300' of frontage on a road or private easement, which both will after the easement is created), and creating an easement to get access to the resulting lot (which in itself is a Class 1 subdivision). The only apparent fly in the ointment is that the back lot ordinance requires a platted Outlot, rather than an easenlent, for access. Compliance with Zoning Code Standards Lot area and width a.re not an issue; LR-lA area and width standards are met. Hardcover is not an issue, except tl�at there are existing struchires i� the 5-acre lot within 75' of the lake—how should these be addressed? Lot coverage is not applicable, as each lot eaceeds two acres. Average setback is not an issue, since the cabin on the new 5-acre lot does not establish any changes to the average setback line for the adjacent Hoyt lakeshore property on Little Orchard Road, although replacement of that cabin with a home fiirther narth on the parcel could negatively impact the firti.ire average setback for Hoyt. The City has no information regarding the septic system for that cabin. Applicant should be asked to address his intent for all the struchu•es on the 5-acre parcel. Guest House, Horse Barn, Easement Impacts The 21 acre parcel contains a residenee, a caretaker house, anc� a large horse barn with a caretaker apartment. The caretaker house was grinted a CUP for guest house use and additions in 1986. In 1992 the then 4,432 s.f. horse barn was gi•anted a variance to expand to 5,168 s.£, where tlie Oversize Accessory Structures ordinance would have allowed only a 3,000 s.f. building, based on the site being 23 acres (the west smaller lot was included in that area; the east smaller lot possibly had not yet been acquired by lpplicant).