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Johnson Variance Application 2075 &2081 Hillview Road September 11, 1999 Page 2 1107.03 of the Zoning Code, pertaining to zero lot line subdivisions. While not the same thing, the manner by which a zero lot line subdivision would be similar to how the applicant's request could be handled. Under Subdivision 4 of that Section, certain deed restrictions are listed which would need to be filed upon both properties, which are as follows: a. If one dwelling unit is burned or destroyed, it shall be reconstructed in a uniform appearance. b. If both dwelling units are burned or destroyed, minimum lot widths shall then prevail as for single-family homes. c. A double dwelling unit may be re-built meeting the original conditions of this Title. d. A uniform exterior appearance, in terms of color, design and maintenance shall be maintained For the applicant's request, if a variance were to be approved, deed restrictions would need to be filed which would apply to the garage structures in the event of fire or if one of or both or the properties were to be sold in the future. In speaking with the City Attorney, however, it was concluded that this approach--albeit possible--may not be the most appropriate in this situation. • The other possible option to allow for this type of structure would be to require that the applicant join, or"combine", the two parcels into one parcel. This process is fairly straightforward, and only requires that the taxes payable for the current year be paid. There is no County fee to join parcels. This process has been used in the past without any problems, and can be seen on the Mermaid Site, the Silver Lake Commons multi-family complex, as well as other multi-lot parcels. While in most cases it would be preferable to replat the parcels to make one"platted" lot,joining the applicant's two parcels would not appear to cause any problems and would alleviate any issues resulting from property lines or the future sale of the property. (Once the properties are joined, they could only be "un-joined" by_ eans-af-a-minor-subdivision hich the Planning Commission_and_CoiInca would need to approve.) Staff has spoken to the applicant, who has indicated that he would be willing to join the properties in lieu of requesting a variance. A copy of the lot combination application is attached for your reference. Once joined, there would be no reason the applicant could not proceed with his plans for the garage construction. Staff would recommend, however, that the City Code, in Section 1202.10 pertaining to land subdivisions be amended to explicitly allow for such combinations. The Subdivision Code does not contemplate simple combinations, only subdivisions. The City Attorney has suggested the following italicized and underlined words be added: 1202.10: LAND DIVISION OR COMBINATION PROCEDURE: In any case where the 41°