08-28-1985 Council Agenda - Laserfiche WebLink

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MEMORANDUM Boss Subdivision 5 August 1985 Page Two A second issue involves the existing house and the location of the proposed lot line between the second and third lot. If the subdivision is approved as re- quested, the City would be giving its approval to a non - conforming situation. The creation of a new lot is basically for the purpose of conveyance, however, the property in question could not be conveyed with the house in its current location. To rectify that situation, the house would have to be moved or the lot lines drawn to decrease the non - conformity. Section 903.010. F. states that lawful non - conforming structures or land shall be changed only to lessen the non - conformity. This proposal does not meet that requirement as the new lot line would continue to bisect the house. With regard to the alley vacation, our office feels that this presents no problem from a planning standpoint. The alley is not necessary for the func- tioning of the lots in the area. Whether the alley is split and added to both abutting properties, or added to the applicant's property only is a policy issue for the City. A problem will arise, however if the City elects to split the alley vacation as is customary procedure. The applicant's proposed corner lot will have insufficient area. The requirement is 11,000 square feet and the lot would have just 10,400. We would see no justification for a variance on this issue as there is no actual hardship. The lot lines could be adjusted to compensate for the shortage and there is still adequate room for five lots. RECOMMENDATIONS We would not recommend approval of this subdivision in its present form for two principal reasons. First, the location of the house precludes the develop- ment of the two lots and the proposal fails to lessen the non - conformance as re- quired by the ordinance in such cases. Second, City policy clearly has been to require a plat in subdivisions of five or more lots. This subdivision would create unwieidly legal descriptions as well as set an undesirable precedent in dealing with future re-subdivision-requests. We feel the following steps should be taken to place the proposal in an acceptable state: • Relocation of the house or relocation of lot lines so the house does not straddle lot lines. • Formal platting procedures are followed. • Any potential variance requests for substandard lot size be discouraged. cc: Joe Chlebeck Tom Sweeney Don Carley R.E. Boss 01- 1'r