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. ' Minutes of Regular Council Meeting, May 12 Page 4 Hicks moved, seconded by Sather, that since the applicant has agreed to file a voluntary covenant stating that neither of the lots can be sold separately, and if he wishes to sell the property, the secondary house will be demolished and the two lots combined into one parcel, there is no need for a variance for the proposed addition. Motion carried unanimously. (5-0) Case No. 86-13, Minor Subdivision, (Lot Split) - Michael Ward. Outlot B. Karth Lake Estates Council was referred to Planning memo (4/30/86), Planning Commission recommendations (minutes of 5/7/86) and to a transparency of the proposed minor subdivision of Outlot B, Karth Lake Estates (east of Pilgrim House property on 8TH 96). Miller explained that the applicant proposes to split the 146' x 237' lot into two building sites, one of which he described as a "flag lot", with a . 30' wide access strip. Miller said both lots meet or exceed all dimensional requirements of the R-l District; noted that creation of "flag lots" is generally discouraged because of access conflicts, irregular arrangement of houses, and preservation of rear yard privacy. Miller reported that this lot exceeds the area of two single family lots but is not wide enough to split in the conventional manner into two 95-foot wide lots. Miller 1. 2. 3. 4. reported that the Planning Commission recommends approval subject to: Relocation of the driveway portion to the west side of the property. Establishment of an easement for shared driveway access. Establishment of a covenant on lot 2 requiring a setback of 30 foot minimum along the south property line. Submission of a certified survey and description of lots prior to recording the subdivision. Provision of a 10' separation between driveway and the west property line. 5. Miller showed the pattern of existing homes in the area; one is a flag lot onto Karth Lake Drive, created to accommodate existing houses when Karth Lake Estates was platted. Applicant Michael Ward said he would answer questions re his proposed lot split. John Gardner a Karth Lake Drive resident, said his property will be the most adversely affected by the proposal; reported that he and his neighbors on Karth Lake Drive oppose the minor subdivision; feels the Planning Commission was not aware of the concerns we have, which are economic, environmental and aesthetic. Gardner reported that when he purchased his property he was told that the Pilgrim House site might eventually be subdivided into single family building sites and/or a single house might be constructed on Outlot B. Gardner said they have drainage problems now in the area with the heavy rains - feels two houses and two driveways will add to this water run-off problem. Gardner referred to the comments listed in the Planning memo (4/30/86); said he and his neighbors also have concern re these points. Gardner said the applicant now lives on the flag lot on Karth Lake Drive; described some of the problems the neighborhood has experienced with that lot. Gardner said it looks like house proposed on STH 96. offensive. we are squeezing a house between his house and the Gardner said one house on this lot would not be . Ward described the contours of Outlot B; said if one house were to be built on this lot, he would site it as far back on the lot as possible to allow space between the house and traffic noise on 8TH 96; noted the driveway would be in the same location; noted that the lot drains from west to east along the south portion of the lot; noted that the neighborhood residents have already impacted the environment by placing debris on the south portion of the lot. Ward said he will make sure the drainage is done right; said the houses he proposed to construct will be compatible with the homes in the Karth Lake area that front on Highway 96; houses will be for sale, not rental properties. Gardner said this flag lot would set a precedent for the same type of "stacking of homes" on other over-sized lots.