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• • Planning & Zoning Board October 8, 1997 Page 23 E. James Speiser, 441 and 453 Birch Street, Minor Subdivision Mr. Wyland provided the following background for this item: Mr. James Speiser and his daughter, Jill Paulus, are requesting a minor subdivision that would allow a 1.2 -acre parcel containing the existing homestead to be split from a 21.4+ acre parcel at 441 Birch Street. The 21 -4 acres are currently farmed by Mr. Speiser. This property is zoned R -1, and indicated as residential on the City's Comprehensive Plan; however, it is not currently within the MUSA, and Mr. Speiser has indicated that he is not interested in development at this time. The 21 -4 acres could, however, be developed residentially at some future date. Utilities are available from Birch Street to serve a future development. Ordinance No. 93 - 18 provides as follows: "Habitable single family homes constructed prior to July 13, 1992 may reduce their lot size to a minimum of one (1) acre if the balance of the property results in a parcel of ten (10) acres ..." Staff would recommend approval of this minor subdivision, but commented that the existing outbuildings will be considered pre - existing non - conforming uses and, therefore, if destroyed by more than 75% will not be allowed to be rebuilt. As a 1.2 -acre parcel, the newly created lot would be allowed a total of 2,020 square feet of accessory buildings. The site currently contains 4,300 square feet of accessory buildings. For Planning and Zoning Board information, there will be no park dedication fee as no new dwelling units are proposed. Should the larger parcel ever develop, park dedication would be required at that time. Ms. Wyland indicated that Staff recommended approval of this request. Mr. Herr asked about future access to this property. Ms. Wyland indicated that consideration would be given to access at the time of future development. He also requested clarification of outbuilding status. Ms. Wyland explained that the proposed parcel could not add outbuildings without a residence; but, since the property already contains the outbuildings, they would be allowed to remain. Mr. Herr asked if approval of this project could be contingent upon conditions for future elimination of those outbuildings which would at that time no longer be appropriate. Mr. Brixius pointed out that existing buildings are obvious to potential purchasers. He stated placing such a contingency upon approval of the project would not be advisable. Tom Paulus, currently renting at 441 Birch, indicated that the area behind the buildings is heavily wooded, screening them from the area that might be developed in the future. Mr. Herr maintained that backyards might abut the existing outbuildings. • Ms. Dahl suggested that in the future the outbuildings might not be necessary or desired by the renter.