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.-5- • 1 In his November 16th memorandumrecommending approval of. the plat, Mr. Childs had 2 indicated that, although the Interior .lots. would be-between..70 and 73 feet in 3 width, where th.e. Ordinance' requi`res 75, and the corner lot would be a little under 4 the required 11 ,000 square -feet, he perceived the variance would be a good com- 5 promise with the underlying lots, most of which would be buildable under the City 6 Zoning Ordinance even though they are only 50' feet wide. If the number of lots 7 were cut downto six, the resulting lots would average 12,000 square feet, which 8 would exceed the 9,000 square feet ordinance requirement and nearly double the 9 recommendation of the Metro Council for the provision of affordable housing, the 10 Manager said. 11 12 John Hertog, as well as his two brothers; Leo. and Ronald, who live in the same 13 area, were present to. discuss their plans for redeveloping the tract of land on 14 which the family had operated Hertog Floral , Inc. until it had been severely 15 damaged by the tornado in April . John. Hertog told the Commissioners his family 16 plans to tear down all the existing structures on ,that parcel , including the 17 octoganal store building on the southeast corner of 33rd and Edward, but would 18 continue to operate the floral sales business-out of the seasonal structure on 19 the west side for at least- one -more growing' season. This non-conforming building 20 would, of course,.. be removed just. as soon as- the homes across the street are 21 built, the petitioner- said, and he added that the plans at this time are for the 22 family to sell the seven -lots individually. 23 24 Commissioner-..Bjorklund observed that most communities now require drainage ease- 25 ments be dedicated across new devel.opments and he recommended five foot easements 26 be retained across the seven lots so -underground utilities could be put in or 27 drainage problems corrected -without neighbor objections. He said the easements 28 would be 'invisi-ble to the lot owners who could plant ,or put up fences over them 29' the same as the rest of their property. 30 31 No neighbors were present for the discussion and the hearing was closed at 9:00 P.M. 32 33 Motion by. Commissioner Bjorklund and seconded by Commissioner Wagner to recommend 34 Council approval: of the preliminary platting of the seven lot subdivision of . 35 Hertog Gardens. between 32nd and 33rd Avenues -N.E. on Edward Street N.E. , as pre- 36 sented i.n .the sketch plan drawn up by Lot Surveys Company, Inc. , contingent upon 37 the provision of a five foot, preimeter 'drainage/utility easement acrossthe project, 38 finding that: 39 40 1 . Many similar lots with smaller frontages, depth, and land area have been 41 platted and developed in the same neighborhood; 42 43 2. The proposed plat would eliminate 50 foot lots which conform to the City Zoning 44 Ordinance in an even lesser degree; 45 46 3. The plat would to a large extent eliminate a legal , but non-conforming use in 47 this residential area; 48 49 4. No objections to the proposed platting were raised either before or during the 50 hearing by any of the neighbors who had been notified about the hearing. 51 52 Before the vote on the motion was taken-, Commissioner Jones made a friendly amend- 53 ment to the-motion to include the condition that future utility lines for the project 54 must be installed underground. 55 _