10/01/2007 Council Packet - Laserfiche WebLink

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WS — Item 3 WORK SESSION STAFF REPORT Work Session Item 3 Date: Council Work Session, October 1, 2007 To: City Council From: Michael Grochala Re: Request to Subdivide Property /Ordinance Amendment Inquiry Background At the Open Mike portion of the August 13, 2007 Council meeting Mr. John DeHaven, requested city assistance in his attempt to secure a reverse mortgage on a 15 acre property located at 1612 Birch Street. Mr. DeHaven stated that the reverse mortgage option was only available to properties that are three acres or less in size. The council directed staff to review the issue and report at a future work session. This issue was previously before the City in 2004. At that time the property owners had requested approval of a minor subdivision requiring variances for both minimum lot area and lot width. The variance request was recommended by denial by the Planning & Zoning Board. The City Council denied the request on April 26, 2004. At the September 5, 2007 City Council work session the council directed the City Attorney to prepare an amendment to the City Zoning Ordinance for consideration. Analysis. Section 3.B of the City's Zoning Ordinance currently provides an exception to the 10 acre requirement where a habitable single family home has been constructed prior to July, 1992. The City Attorney has drafted an amendment to Section 3.B of the zoning ordinance to allow an additional exception where the creation of a new lot is needed to provide security to a third party lending institution for owner financing (3.B.2.b). Lots created under this exception, in addition to the existing requirements, would also need to record a covenant that prohibits transfer of the lots created unless combined. This requirement would not be applicable to any conveyance by a lending institution who has acquired title as a result of a mortgage foreclosure (3.B.2.h). 1