04/14/1998 Minutes - Laserfiche WebLink

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Y- _ R. Tallon moved to accept Duke Realty (Corporate Center III) Amendment to Preliminary Land Use Plan (Couutry Club Blvd.) for use by Corporate Center III, located on the north side of Country Club ' Blvd., west-adjacent to Corporate Center I. Zoning is Mixed Use District Entirely. The motion was seconded by T. Brennan and unanimously approved. This request for Preliminary Land Use is subject to council approval and will be heard by the B.Z.D. committee of council on Apri120, 1998 at 6:30 P.M. B) James Campana Lot Split Plat. The proposal is to d.ivide Pennauent Parcel Numbers 231-18-013 into two (2) parcels (creating a second bu.ildable lot). Location is the southwest corner of Walter Road and Deerfield Drive. Zoning is C-Residence, Single Entirely. Both proposed parcels conform to frontage and area reqturements of the zoning code; however, proposed parcel 2 has insufficient depth (less thau 135 feet) and a variance is required. Mr. and Mrs. Campana presented the proposal and noted the new lot created willhave 100 feet of frontage on Deerfield Drive and will contain a little over 120 feet of depth. The Campana's would like to do one of two things with this lot: sell it for development or construct the new home himself. Mr. Koeth noted there appears to be a twenty by fifteen feet concrete pad which is an easement for Ohio BelUAmeritech. Mr. Campana confinned they recently installed fiber optic wires for this development. Mr. Brennan questioned if this proposal was ever presented before and Mr. Campana affirmed it was heard before the plauning cowmission in 1995, but the lot has since been re-surveyed. It.was noted since the front and rear setbacks are required to be fifly feet, the house could only have a depth of twenty feet or variances would be required. Mr. Campana believed he could meet this requirement. Mrs. Campana compared the frontage of this proposed lot to others in the area. Mr. Tallon explained the frontage is not a problem, as the lot is not deep enough. The split off portion of this lot has 120 feet of depth, and there is a requirement for fifly feet of front and rear setback in the zoning code. Mr. Tallon noted the house would have to be twenty feet deep or variances would be required and the twenty feet includes any covered patios or porches. Mrs. Campana believed a patio was not counted as part of the home construction. Mr. Conway clarified anything with a roof over it including patio's and decks would be considered part of the home construction. Mr. Tallon explained planning comuiission tries not to create u.nbuildable, non-conforming lots. He noted if the lot were created the owner would have a hardship because the lot did not conform and would most likely have to request variances. Mr. Koeth explained the lots would conform if they were split from east to west, however, the existing home wou.ld have to be reinoved or relocated. Mrs. Campana explained some of the lots across the street have less than 135 feet of depth. Mr. Tallon noted they probably needed a variance before they could build. Mr. Conway added the 135 feet of requ.ired depth was not in the code at one time and this development could have pre-existed the code. Mr. Tallon concluded- he understood what the Campana's were trying to do, but in order to protect the interests of the city we try not to create non-conforming lots. He noted they are not going to be able to build a house on this lot that conforms, so many variances will be requested. Mr. Tallon further explained variances are normally granted when there is a hardship or a physical problem with developing the land. He advised there is nothing wrong with this existing lot, but splitting it would create a problem. R. Tallon motioned to deny the proposal for a lot split on pennanent parcels 231-18-031 into two parcels creating a second buildable lot, location is the southwest corner of Walter Road and Deerfield Dr., Zoning is C-Residence, Single Entirely. Both proposed parcels conform to frontage and area requirements of the zoning code, however, proposed parcel 2 has insufficient depth (less than 135 feet) and variances would be required. The motion was seconded by R. Koeth and unauunously approved. Motion to deny request granted.