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CC WORKSESSION 10292013
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CC WORKSESSION 10292013
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9,000 square feet, or less than 75 feet in width at the building setback line, or a corner of less than 11,000 <br />square feet or less than 90 feet in width at the building setback line ". An initial study of single family <br />residential lots (with in the R1 and RI-A Districts) within the City indicates that several hundred lots are <br />considered "non- conforming lots ", meaning they have a total lot area under 9,000 square feet. An <br />analysis was not conducted to date to determine nonconforming lots due to lot width. <br />With the provision that "no dwelling may be constructed or placed....... of less than 9,000 square feet ", <br />virtually any addition, expansion, or complete reconstruction of a home that is on a "nonconforming lot" <br />would not be allowed without the issuance of a variance. With the City's desire to continue the <br />encouragement of reinvestment and improvements to properties within the City, it may be <br />counterintuitive to have restrictions or barriers to allow these improvements by requiring variances to all <br />of these properties that don't meet the minimum standards of the zoning district. <br />Further analysis is needed, but one thought would be have a statement in the Zoning Code that states <br />something like the following: <br />e. Legal Non - Conforming Lots <br />Vacant or Redeveloped Residential Lots. <br />a) A lot of record existing as of the effective date of this Ordinance in a residential <br />district, which does not meet the requirements of this Ordinance as to area or <br />width, may be utilized for single family detached dwelling purposes provided <br />that in all residential districts, the measurements of such lot's area and frontage <br />width are within sixty (60) percent of the requirements of the respective district, <br />as established by this Ordinance. <br />b) The preceding subsection a) is not intended to permit a reduction in setbacks or <br />required yards. <br />c) In the event that the measurements of such lot's area and width do not comply <br />with subsection a) above, then approval for the construction of a single family <br />dwelling may be requested as a conditional use permit, subject as regulated by <br />Section 1003 of this Ordinance. <br />2. Developed Lots. An existing conforming use on a lot of substandard size may be <br />expanded or enlarged if such expansion or enlargement meets all other provisions of this <br />Ordinance. <br />Staff is seeking direction from the City Council as it pertains to nonconforming lots of record. <br />
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