2013-04 AUTHORIZING EXCEPTIONS TO THE ZONING ORDINANCE

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Excerpts from Plan Commission Minutes of January 3, 2013: Cal. No. 13-03 Petition of DECATUR PARK DIStRICT, to allow for reduced lot size, reduced lot width, reduced frontage and/or no frontage or access to a public street located in the 1500-1700 BLOCKS of SOUTH FRANKLIN STREET ROAD. Ms. Stickle presented the recommendation of staff: The subject site is currently developed with accessory structures. The Final Minor Plat of Fisherman's Wharf Addition was reviewed by Engineering, Fire and Planning and is approved pending approval of the no direct access to a public street, no frontage on a public street, reduced lot width and reduced lot area. The owner proposes to subdivide the property into five (5) lots in which none of the lots will have frontage or direct access to a public street. According to the Zoning Ordinance each lot shall have frontage on, (direct access to, a public street or way that is improved to City standards, unless the Council shall otherwise direct, by approval of a subdivision plat so showing submitted, heard and considered in the manner provided in the subdivision Regulations for the City. The purpose of the subdivision is to create five (5) small lots which are a jacent to five (5) existing lots. These proposed lots are being created so that the adjacent land owners to the south can purchase the new lots and add to their existing rear yards. This propertis located between apartments and single family homes and Lake Decatur and is owned by the'IPark District; it is considered excess property to the Park District and is not an integral art o the Parks stem. P p Y g p Y Some of the adjacent property owners have utilized the land as part of t] e rear yards and/or access to the lake for years. The petitioner proposes to subdivide the property into five (5) lots. None of the proposed lots will have frontage on or direct access to a public street. The lot area and lotl width of Lot Four (4) are smaller than what is required by the Zoning Ordinance. If the owners of the adjacent properties want to build accessory structures in the future, the property will have to be re-platted/subdivided. The terrain is not particularly suitable to building structures nor is the location of the 100 year floodplain which covers roughly 50 percent or more of each of the proposed lofts. Staff does not foresee issues with allowing these lots to be created with no frontage and no direct access to a public street or reduced lot area and lot width for Lot Four(4). Staff recommends approval of the plat. 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 13-03 to the City Council with a recommendation for approval is suggested. Mr. Phil Cochran, representative, was sworn in by Mrs. Poland. Mr. Cochran stated this is a unique subdivision. In the 1920's Lake Decatuj was given to the City of Decatur and excess properties around the lake were donated to the Decatur Park District.