2010-51 AUTHORIZING EXEMPTION TO THE ZONING ORDINANCE - NO DIRECT ACCESS TO PUBLIC STREETS - REDUCED AND/OR NO FRONTAGE - REDUCED LOT AREA - 1400 BLOCK WEST

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Excerpts from Plan Commission Minutes of July 1,2010: Cal.No. 10-13 Petition of DECATUR PARK DISTRICT, to allow for reduced lot size, reduced frontage and/or no frontage or access to public a street located in the 200 Blocks of North Park Place and North Fairview Avenue and 1400 Block of West William Street. Mrs. Joselyn Stewart was sworn in by Mrs. Janet Poland. Mrs. Stewart presented the recommendation of staff: The subject site is currently undeveloped. The Final Minor Plats of Fairview Park Third Addition and Fairview Park Fourth Addition were reviewed by Engineering, Fire and Planning and is approved pending approval of the no direct access to a public street, reduced lot frontage and reduced lot area. The owner proposes to subdivide the property into six (6) lots in which five (5) of the lots will not 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 two (2) subdivisions is to create six (6) small lots which are adjacent to six(6) existing lots in Park View Addition and Interurban Addition. These small lots are being created so that the said adjacent lots to the south can purchase the new lots and add to their existing side and rear yards. This property is located between a Fairview Park access road and the south property line of the Park; it is considered excess property to the Park District and is not an integral part of the Fairview Park facilities. There will still remain a sizable buffer between the access road and the new property line. The petitioner proposes to subdivide the property into six(6)small lots. Five(5)of the six(6) lots will not have direct access to a public street. The lot frontage and lot area are smaller than what is required by the Zoning Ordinance. Because of the small lot size, the lots will not be buildable lots. If the owner of the property wants to build an accessory structure in the near future the property will have to be re-platted/subdivided. The petitioner has provided the City with copies of letters sent to the adjacent property owners notifying them of this requirement. There is a restriction in the Owner's Declaration that only allows the adjacent owner to buy the new lot next to them. Staff recommends approval of the petition. Mr. Shad Edwards asked if the property would continue to be Park District property if the owner of the adjacent lot determined not to purchase that property. Ms. Suzy Stickle stated it can only be sold to the adjacent owner so it will remain Park District property. Mr. Phil Cochran,representative,was sworn in by Mrs. Poland. Mr. Cochran stated the property is located on the south side of Fairview Park near Oakland Avenue. There are six (6) properties that could be purchased by adjacent property owners. This was started by a property owner that approached the Park District and asked to purchase a portion of the property. The Park District said no as they did not want a property line which bounces in and out. However, after reviewing the site there are several properties which presently encroach the Park District property and the property owners have indicated they would like to purchase that property. The Park District's request is to create six (6) small lots for the adjacent property owners to purchase. There were no objectors present. It was moved and seconded (Edwards/Peck) to forward Cal. No. 10-13 to the City Council with recommendation for approval as presented by staff. Motion carried unanimously.