PC 06/12/1991 - Laserfiche WebLink

additional easement would be necessary. Commissioner Hovingh asked what the legal issues might be regarding a piece of property that is legal as to zoning, and then the zoning is changed to something else. Mr. Pavan explained that this would be considered a legal non-conforming situation. Mr. Swift further explained how the City Ordinance regulates such situations. The lot on Linden Way is a legal lot of record no matter what zoning is put on it. The catch-22 is that particular lot would need to have frontage on an approved City street in order to get a building permit. Until something happens to the lot on Linden Way, the lot will remain undevelopable. Commissioner Horan further discussed the matter with Mr. Swift. Chairman Mahern asked if they made the whole project R-l-lO,OOO whether the small lot being discussed would still be R-1-7,500 sq. ft. lot, but at development time it would have to meet the setback requirements and FAR of a R-I-IO,OOO. Mr. Swift affirmed that was accurate, but the lot would not have to gain any extra dirt in order to be buildable. The same rules would apply to the lot that Mr. Ales owns on Vineyard which is only about 6,000 sq. ft. No matter what it is it would still be a non-conforming lot. Commissioner Horan commented that it appears they are trying to annex two properties that want to be annexed under R-I-IO,OOO and three properties that do not want to be annexed under R-I-IO,OOO. He asked if there is a special rule plan whereby some of the benefits of the PUD could be gained. Mr. Swift agreed this could be done; he said the five lots are already in the City and technically in a Study District. They were annexed without the property being prezoned. A PUD zone could be applied to the site and zoning regulations could be adopted in conjunction with that PUD zoning. He further discussed this matter with Commissioner Horan. Commissioner Michelotti concluded that she favored R-l-lO,OOO zoning and stated she would like to keep that area as rural as possible. She felt the area is a very unique one and that she has witnessed in the past other areas that try to keep their uniqueness. Little by little, that uniqueness was eroded away. Commissioner Hovingh stated he is in favor of accepting staffs recommendation. Commissioner Horan stated he is in favor of larger lot sizes, but on the other hand he would like the infrastructure be improved in such a way to at least meet some kind of minimum standard. He said he would like it to be PUD with severe limitations as to the size of lots within the PUD restrictions. He would not want the five lots to exceed the equivalent of R- 1-10,000. Commissioner McGuirk said he would like to keep the area as rural as possible, and felt a R- 1-10,000 seems to be what the neighbors want. MiDu~es PlanniDg co.-issioD JUDe 12, 1991 Page 5