06/24/1996 Council Packet - Laserfiche WebLink

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AGENDA ITEM 5 F STAFF ORIGINATOR Mary Kay Wy1and DATE June 20, 1996 TOPIC 96-18-P, Molly & Jim Jungbauer, 2207 Deerpass Trail, Minor Subdivision Mr. and Mrs. Jungbauer are requesting a minor subdivision to, add 5' to their property from the adjoining property. The purpose of this minor subdivision is to correct the existing encroachment on the east side of their property of a retaining wall and stairway, establish a minimum 51 setback for the existing decking, and eliminate future mortgage and/or resale problems. The property is Zoned Rural Executive and indicated as Rural on the City's Land Use Plan. The Zoning Ordinance requires a minimum setback of 5' on the side for any decking. The minimum lot area in a rural district is 10 acres, however, this area was platted prior to the 10 acre rule and the average lot area on the north side of Deerpass Trail is 11,500 square feet with a lot width of 70'. The Jungbauer property is 70 x 165 and the property to the east (a double lot) is 140 x 165 fgr:23, 000 sq. ft. The Jungbauer residence was constructed in 1986 with an addition in 1988. I believe it was some time after '88 that the decking was added by a previous property owner. When the home was originally constructed the site included two lots although they were not legally joined. The owner aubseequuently lost title to the adjacent property. slitting 5' from the ad j oirti, double lot A0111dth from 140' to 135'. Hoiever, a setback of lad -22 ew property line and the existing °garage will be mai Code requires a setback of 5' On the garage. Staff has reviewed this request and would recommend approval. Adding 5' to the Jungbauer property will eliminate an existing encroachment, maintain or exceed the required setback for the decking, and eliminate future problems with resale or refinancing of the property. The adjoining property owner has agreed to this subdivision and will be transferring title of the 5' to the Jungbauer's if the subdivision is approved. We would require that this 5' be attached to the Jungbauer's existing property. The Planning & Zoning Board have reviewed this item and recommended approval. At the P & Z meeting, Mr. Jungbauer requested that his application fee of $250 be refunded as the setback problem was not of his making, he is merely correcting an existing problem. The P & Z recommended that the application fee be refunded. However, staff would discourage this practice.