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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DEVELOPMENT SERVICES MEMORANDUM No. 10-58 July 14, 2010 TO: Honorable Mayor Michael T. McElroy and City Council FROM: Ryan P. McCrady, City Manager Greg C. Crowe, Assistant City Manager Suzan M. Stickle, Senior Planner Joselyn A. Stewart, Transportation Planner SUBJECT: No Access to Public Street, Reduced Lot Frontage and Reduced Lot Area- Located in Fairview Park north of West William Street, east of Cobb Avenue and west of North Fairview Avenue SUMMARY RECOMMENDATION: Staff recommends approval of the No Access to Public Street, Reduced Lot Frontage and Reduced Lot Area. The City Plan Commission voted 7-0 to recommend approval of this petition at the July 1, 2010 meeting; the minutes of the meeting are attached. BACKGROUND: 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 lot frontage and lot area are smaller than what is required by the Zoning Ordinance. Because of this, the lots will not be buildable lots. If the owner of the property wants to build an accessory structure in the 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.