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CITY COUNCIL MEETING, NOVEMBER 3, 1982 -7- 9. PUBLIC HEARING - ELIZABETH ORCHARD/PATRICK SINCLAIR FOR MINOR SUBDIVISION, SHORELAND PERMIT AND VARIANCES AT 8170 HILL TR. N. / IN LANES DEMONTREVILLE COUNTRY CLUB: Mayor Eder opened the public hearing at 8:25 p.m. There were no residents present for the public hearing. Patrick Sinclair distributed a revised site plan for the house and Grainfield site. He indicated the City Engineer received a copy that morning (Wednesday, November 3, 1962). David Spencer, Attorney for Mrs. Orchard, presented the proposal. --Spencer - gave the history of the property purchase and ownership: 1968 - Mr. & Mrs. Orchard purchased the Orchard homestead, a 1.2A parcel. 1969 - Orchard's divorced - Mr. Orchard retained title to the homestead. 1972 - Mr. Orchard purchased the adjacent .83A parcel from Max Burke as an investment. 1973 - Title to the Orchard homestead and the .83A parcel vested to Mrs. Elizabeth Orchard. Parcels were purchased at separate times. The .83A was not occupied as part of the Orchard homestead, was purchased as an investment, and has been taxed as a separate parcel. --Eder - questioned how the tax statement on the parcels are treated. --Mrs, Orchard - gets three statementsfor the Sinclair lot (.83A), believes there is one statement for the homestead. but could be more. --Mottaz - explained how tax statement were handled in the past for Lanes Demontreville. He also explained homestead credit for the combined lots. --Whittaker - outlined the request: 1. Simple lot subdivision to create a legal lot. The .83A does not exist as a separate lot, but is part of several split, platted and combined lots. The Ordinance treats the Orchard homestead and the .83A as one 2A+ parcel even though Mrs. Orchard may never have considered them as one. 2. Variance for lot size ,,if the 2A parcel is subdivided, as subdivision will create two lots that will not meet the required l 1/2A minimum lot size. 3. Variances for lot width and setbacks. --Mottaz - this situation is not unique in Lanes Demontreville because of the 20' x 100' platted lots. Everyone in Lanes Demontreville owns several lots - some acquired through several purchase agreements to create a building site. Do not feel that owners can be allowed to treat these parcels as separate lots and separate off a chunk and declare a building site just because the parcels were purchased at different times. --Eder - key is that the average lot size in the area is 1 acre. --Mottaz - average in Lanes Demontreville is much less than 1 acre. Also, shoreland property comes under different regulations than it did in the past. --Eder - should have a general median for larger parcels that are surrounded by much smaller parcels. If divided in two would have two parcels that are greater than most of the lots in Lanes Demontreville. --Novak - Code requirements are specific. This is presently something that is acceptable, conforming to the Code - subdivision would make it unacceptable.