2013-79 AUTHORIZING EXCEPTIONS TO THE ZONING ORDINANCE

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Excerpts from Plan Commission Minutes of October 3, 2013: Cal. No. 13-53 Petition of CHARLES A. & SIDNE E. SHONKWILER, to allow for no frontage or direct access to a public street located in the 2200 BLOCK of SOUH TAYLOR ROAD located in the R-1 Single Family Res dence District. Ms. Suzy Stickle was sworn in by Mrs. Janet Poland. Ms. Stickle presented the recommendation of staff: The petitioner is requesting the approval of no direct access to a public street and no frontage on a public street. The owner proposes to subdivide the property into two (2) lots iin which the proposed Lot Two (2) will have no frontage on and no direct access to a public street. According to the Zoning Ordinance each lot shall have frontage on, direct access to, a public street or wa that is improved to City standards, unless the Council shall otherwise direct, by approval of a subdiv,sion plat so showing submitted, heard and considered in the manner provided in the subdivision Regula ions for the City. The purpose of the subdivision is to create two (2) lots, with the residence to remain on one lot and the approximate 10 acres of wooded property on the second lot to sell along with prol ierty to the north that is located in the County. A large portion of the proposed Lot Two (2) is loca ed in the floodplain making future development of this property difficult. The subdivider agrees to place a 30 foot ingress/egress easement along the I outh lot line of the proposed Lot One (1) for the benefit of proposed Lot Two (2). A roadway o driveway to access proposed Lot Two (2) will have to be constructed subject to the requirements of the City of Decatur's Zoning Ordinance Section XXIV. Off-Street Parking and Loading. Staff recommends approval of the no frontage on and no direct access to a public street with the following condition: 1. Prior to the approval and release of the Final Plat, language shall be required on both the Owner's Declaration and the Final Plat to ensure the construction of a roadway/driveway to access Lot Two (2) subject to the requirements of Section XXIV. Off-Street Parking and Loading Requirements of the City of Decatur Zoning Ordinance. Section IV.A.8. of the City of Decatur Zoning Ordinance requires the Plan Commission to hold a public hearing to review Plats when there is no frontage and no direct access to a public street and report its findings to the City Council. A motion to forward Calendar Number 13-53 to the City Council with a recommendation for approval is suggested. Mr. Dial asked if the property would ever be able to be land locked. Ms. Stickle said there would always be access to the property through the thirty (30) foot ingress and egress easement. Mr. Tim Birch, representative, was sworn in by Mrs. Poland. Mr. Birch stated this lot will never be built on due to the Flood Plain issues unless significant work is done. Access to this property will be from the owner's north side which is in the county. If the property ever were to be sold the thirty (30) foot easement is in place. There were no questions and no objectors present. It was moved and seconded (Newton/Harris) to forward Calendar No. 13-53 tote City Council with recommendation for approval. Motion carried unanimously.