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November 24, 2020 Page 3 A. Subdivision The Subdivision Ordinance provides for the following process: § 151.08 SUBDIVISION WITHOUT PLATTING. The City Council may waive compliance with the platting requirements of this subchapter and approve subdivision by conveyance of land by adoption of a resolution to that effect based upon findings by the City Council that: compliance with the platting requirements would create an unnecessary hardship or expense because of the nature of the subdivision, and failure to require the filing of a plat does not interfere with the purposes of this subchapter. The City Council may consider the number of parcels resulting from the subdivision, the complexity of the legal descriptions, the necessity for dedication of streets or drainage and utility casements, and the probability of future subdivision of the parcels. The proposed lot combination creates a single residential parcel, as noted previously. The survey identifies the location of the previous garage and concrete slab, which will serve as the location of the rebuilt structure. An aspect of the rebuild is that the garage appears to have been legally non-conforming due to inadequate setbacks from the side (just over 3 feet) and rear (less than 2 feet). The code requires 5 feet of setback. However, such nonconformities, if destroyed, may be reconstructed in their prior location provided the structure is not expanded, and the permitting is completed within a specific time period. The applicant has indicated that they will reconstruct the garage on the same location, but the structure will no longer be two stories in height. This is consistent with the requirements of the non-conformity regulations, and the survey provides evidence of that former location. 2. Representative Codes Referenced. Title XV Land Usage, Chapter 151.08 Subdivision Ordinance. SUMMARY AND STAFF RECOMMENDATION Subdivision. Staff recommends approval of the proposed subdivision, based on the following findings: 1. The proposed parcel exceeds both zoning requirements and the minimum thresholds for consideration of subdivision without platting. 2. The resulting combined parcel created will accommodate the proposed land use allowed on the property under existing and/or future plans. 3. Platting is not necessary for these two parcels, and the process for platting would create an unnecessary procedural requirement for a minor lot combination as proposed. 19