pf_02319 - Laserfiche WebLink

Home

David Seaberg, Case No. 2319 Page 3 A complicating factor in the lot split is the location of the existing single family home relative to the proposed lot line. The required rear yard setback for either the R-1 or R-2 District is 30'. The new lot line would be only 12' from the rear of the existing home. The existing duplex would be set back 54', more than adequate. Since the two structures are separated by 66', a new lot line could be drawn that gives each at least a 30' rear yard. This arrangement, however, would be out of character with the existing neighborhood, where there are seven similar lots to the south of the lot in question that are split almost exactly as proposed, 140' from the Wheeler Street right-of-way. Because of this setback problem it was our understanding, when the building permit was issued for the duplex, that the existing home would be removed. We do not want to create a non-conforming situation with the granting of a lot split. The additional right-of-way dedication for Fairview Avenue also places the billboard within the new right-of-way. Aside from the rezoning, the request for a division of lot creates a new lot. With this action, the city can require that the uses on the new lot conform to the Code, and can require the billboard to be removed. If there is agreement on the removal of the existing home and the billboard, the request for the division of the lot is reasonable. Interim Use Permit Because of the problems noted above with the existing home and the billboard, this application also includes a request for an interim use permit to allow both uses to remain for a reasonable period of time. Under a strict interpretation of the Code, the City could require both uses to be removed immediately upon the granting of the rezoning or the lot split. Even without these additional requests, the city could withhold the certificate of occupancy for the new duplex pending clarification and action by the City on the status of the existing single family home. The applicant in his narrative requests a 5-year interim use permit for the home, but as of this writing, he had not researched the length of time remaining in the billboard lease and had not made a specific request for the interim use permit for that use. While we can syrnathize with the desire to rent out the existing home to a deserving party, it was our understanding when the duplex was built that the home was to be removed much 'sooner than five years.