02/24/2003 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES FEBRUARY 24, 2003 APROVED I1 the situation they had on Ash Street. She indicated that when comparing it to the old ordinance she 2 found if someone had exactly eleven acres, they could split to one acre and eleven acres if the existing 3 house was on the one acre, and the one acre does not include road right-of-way. She indicated this 4 only applies to single family homes constructed prior to July 13, 1992. She stated that this is unfair to 5 those with 12 acres that have to give up the road right-of-way, indicating that the Council is coming 6 back after the fact and changing the situation for people who may be relying on being able to split 7 their property for financial reasons. 8 9 City Planner Smyser asked if she was saying the City should allow one -acre lots including right -of - 10 way and easements. Councilmember Carlson stated that was what our ordinance had said, and she 11 would suggest we don't change our ordinance. Community Development Director Grochala indicated 12 that when you take out everything else, you end up with a lot smaller than what is allowed for 13 residential lots with sewer and water. 14 15 Councilmember Reinert stated that was the situation on Ash Street. The owner had bought 11 acres 16 specfically to keep one and break off 10, according to the City's ordinance. He indicated it does not 17 seem fair to change the rules after the fact. 18 19 Mayor Bergeson indicated they could do a variance. City Planner Smyser stated that this assumes we 20 are changing something, and he does not believe they are. He indicated you cannot build on road 21 right-of-way, and the lot needs to have one acre of buildable land. 22 23 Councilmember Dahl indicated you may not be able to build on it, but it is included on the tax 24 statement. Community Development Director Grochala indicated the problem is in the wording, 25 which was not cleared up before. He stated that the one acre lot was buildable land only, while the 10 26 acre lot could include driveway and everything else. 27 28 Councilmember Dahl stated that was what they just did on Ash Street. City Planner Smyser indicated 29 they also said you need only 200 feet of road frontage, not the 330 feet that you used to need. He 30 stated that to make a rural lot with sewer less than one acre is not a smart idea. 31 32 Mayor Bergeson noted that there used to be a two and one-half acre minimum for rural lots, but they 33 do not try to grandfather in five acre parcels. Community Development Director Grochala stated that 34 they were not changing the ordinance, simply clarifying the language. 35 36 Councilmember Reinert indicated he agrees, and if there is a unique situation they could handle it 37 with a variance, but as a matter of policy, less than one acre lots do not make sense. 38 39 Councilmember Carlson asked if the 10 acre parcel could be smaller, to accommodate the road right - 40 of -way needed for the one acre parcel. Community Development Director Grochala indicated they 41 would be creating a 10 acre lot after the split. Councilmember Carlson clarified that if someone had 42 an eleven acre parcel, she is asking if the Council could grant a variance so you have one acre of 43 buildable land and the second parcel smaller to accommodate the road right-of-ways. 44 35