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Last modified
7/17/2007 11:51:22 AM
Creation date
12/8/2004 11:31:50 AM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
2418
Planning Files - Type
Rezoning
Address
1935 CLEVELAND AVE N
Applicant
HO, FRANKLIN
Status
DENIED
PIN
172923140082
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<br />Franklin Ho, Case No. 2418 <br /> <br />Page 2 <br /> <br />in the R-2 District, but not in R-1. city policy, however, states <br />that the city will consider, but not necessarily grant, a rezoning <br />of any R-1 lot to R-2. This request is not unique: there are at <br />least fifteen other instances in the city where there is a single <br />R-2 zoned lot within an R-1 neighborhood. If we were to include <br />clusters of two or three R-2 lots, there are many more similar <br />situations. <br /> <br />The minimum lot standards in the R-1 and R-2 Districts are <br />identical: <br /> <br />Minimum lot size <br />Minimum width <br />Minimum depth <br />Front setback <br />Side setback <br />Rear setback <br /> <br />11,000 sq ft <br />85 feet <br />110 feet <br />30 feet <br />10 feet <br />30 feet <br /> <br />The lot in question is 64,300 square feet in area, including a <br />portion of the pond, which is protected by a drainage easement. <br />Because of the drainage easement, we cannot make a simple <br />apples-to-apples comparison of this lot to the minimum lot size <br />required by the Code. The easement for the pond (see attached <br />drawing) encroaches further on the lot than the normal water level <br />of the pond, leaving a buildable area outside the easement of <br />10,445 square feet. The drainage easement is in essentially the <br />same place as a rear yard setback, and a typical lot is allowed to <br />count the rear setback as part of the lot area. If we were to add <br />30 feet to Mr. Ho's lot beyond the drainage easement we would have <br />a total lot area of approximately 15,500 square feet, more than <br />the minimum required. Or looking at it the other way, if we <br />decrease a typical lot by the area contained in the 30-foot rear <br />setback, we would require a minimum lot size of only 8,500 square <br />feet. The lot has 159 feet of frontage, is 113 feet deep, and the <br />existing home meets all the setbacks. No matter how we juggle the <br />numbers, the lot in question is more than adequate to meet the <br />minimum size standards in the Code for both the R-1 and R-2 <br />Districts. <br /> <br />Related to this question of lot size and the Code standards is the <br />attached letter from a neighbor, Ms. Katie Fournier, who opposes <br />the rezoning, stating that this plat has "inadequate lot sizes" <br />that required "special permission" to be developed. Our research <br />of the city's files reveals that there was discussion in 1976 when <br />the plat was filed about the appropriate arrangement of lots, but <br />that the area above the pond level for each of the three lots <br />meets the minimums in the Code. In fact, there was enough land <br />for four lots. <br />
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