12/13/2005 Minutes - Laserfiche WebLink

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Ms. Wenger reviewed Assistant Law Directors memo which reported that the lot split and assembly plats were governed by Section 1101.07 (d) of the Zoning Code. Two of the three proposed parcels will conform to area requirements. His memo reviewed that in the event the developer proposed to create any lot or parcel which does not fully conform to the provisions of the Zoning Code then it must be referred to the Board of Zoning Appeals with the request that the Board determine whether the developer is entitled to a variance from the Zoning Code. The commission can give the BZA recommendations pertaining to the variance but can not approve the plat contingent upon BZA ruling. If BZA grants a variance, the plat remains subject to the commission's subsequent review and may still be denied based upon the commission's consideration. Mr. Ally indicated that he had a hard time understanding what was going on as his neighbor requested to purchase 13-feet of his land to enlarge his parcel which is already non-conforming and has been since the 70's. The neighbor's existing lot width is 62.22 feet and the additional 12-feet would make it 74.22 feet which is closer to code then what he already has. Therefore, the neighbor's lot is already non-conforming so he did not understand why a vaxiance was required as they are not creating a non-conforming lot. Furthermore since he agreed to sell the 13-feet to the neighbor he wanted to address his desire to split his lot into two lots at the same time. His two lots being would meet all zoning code requirements and the existing garage would be demolished and removed. Ms. Wenger reviewed that code requires that an "A" zoned minimum parceUlot width be 80-feet wide and even with the additional 13-feet of land purchased, the neighbor's lot would still be non-conforming. Therefore the proposal would need to be referred to the BZA for a variance to be allowed to recreate a non-conforming lot. She suggested the applicant had the following options: * Sell an additional6-feet of land to his neighbor, which would eliminate the need for a variance as all 3 parcel/lots being created would meet the zoning code requirements. * Don't sell any land and only split his parcel/lot into two parcel/lots which would meet zoning requirements. * Or apply for a variance from the BZA to be allowed to create a non-conforming parcel/lot. Mr. Ally believed that if he sold the additional6-feet of land to the neighbor it would lower his land value on the two parcels he was creating. Ms. Wenger advised the applicant that neither the commission nor the city was telling him he had to sell more land to his neighbor, but were just trying to review his options. She advised the applicant that she would be happy to meet with him to review all the options available. S. Hoff-Smith moved to forward the Lot Split and Consolidation Plat for 24136 - 24200 Mastick Road to the Board of Zoning Appeals with the recommendation that the variance for creating a non-conforming lot be denied, and that the applicants work together to make 3 conforming lots possible. G. Conaway seconded the motion, which was unanimously approved. J& A Kuti; 24370 Carla Lane (Lot Sulit and Consolidation Plat): (WRD 2) The proposal is to split Permanent Parcel Number 231-01-007 (approximately 1.46 acres) into two parcels and consolidate approximately 0.05 acre of the east portion with Permanent Parcel Number 231-01-150. The consolidated parcel (Parcel B) will be 0.4133 acre. The west parcel (Parcel A) will be 1.4123 acres. The location of the properties is on the northeast corner of the intersection of Walter Road and Carla Lane. Zoning is C Residence, Single. The proposed lots will conform to the frontage, depth and area requirements of the Zoning Code. 2