pf_02319 - Laserfiche WebLink

Home

PLANNING REPORT DATE: 13 November, 1991 CASE NUMBER: 2319 APPLICANT: David Seaberg LOCATION: 3104 Fairview Ave. N. ACTION REQUESTED: Rezoning (R-1 to R-2) Division of Lot Interim Use Permit PLANNING CONSIDERATIONS: 1. BACKGROUND Mr. Seaberg owns a large through lot, fronting on both Fairview Avenue and Wheeler street, that is zoned R-1. This parcel was the subject of a planning report in June of this year that triggered the discussion concerning 'transitional uses' in the R-1 District. The Planning commission will recall that there was a provision in the Code (Section 7.430) allowing a duplex to be built on an R-1 lot abutting a Business zone. Since the corner parcel on Fairview and County Road D abutting this lot is zoned B-3, this lot qualified and a new duplex was allowed to be built, fronting on Wheeler Street, as a transitional use without a rezoning. The City Council has since repealed that section of the Code. There is an existing, older single family home on the lot, fronting on Fairview Avenue. Mr. Seaberg wants to rezone the entire lot to R-2, and split it to have the new duplex on one lot and the existing home on the other. The new lots would meet minimum size requirements, and are consistent with the arrangement of lots in this neighborhood, but the existing home would not meet the minimum rear setback to the new lot line. Mr. Seaberg wants to maintain the existing home for another five years and is requesting an interim use permit to do so. He has not applied or proposed to build any other structure on the new lot to replace the existing home. c It was our understanding when the building permit was issued for the new duplex that the existing home would be removed. The parcel is currently one lot of record and only one principle structure is allowed per lot. Under the transitional use provision in effect at the time Mr. Seaberg applied, the structure can be a duplex, but Code does not allow three units or two principle structures to exist on this one lot without some other action by the city. The City has not yet issued a certificate of occupancy for the new duplex.