HomeMy WebLinkAboutZ-3471 Staff AnalysisMay 19, 1980
Item No. 1 - Z-3471
Owner:
Address:
Description:
Mrs. Verna Selph
By: Richard Conrad
Asher Avenue between Washington and
Peyton Streets
Lots 6 through 11, Block 3, Remmel
Addition
Zoned: "I-2" Light Industrial
Variance: Interpretation regarding the application
of setbacks on multiple lot ownerships
by a single individual.
Present Use of
Property: Several Commercial Uses Scattered Over
the Six Lots in Question
Proposed Use of
Property: The Applicant Proposed to Erect a
Billboard as Shown on the Sketch
Staff Recommendation:
As is evident in the sketch, there are several nonconforming
structures on the property. The original platting of the
property created lots with 25 feet by 140 feet dimensions.
Over the years, these narrow width lots have been developed
by combining several of the lots into a single building site
and merely ignoring the intervening lot lines. Setbacks
have always been applied using the exterior lines of the
building site as the base.
It has been interpreted by the code enforcement staff that
the proposed structure, a billboard, will be erected on Lot
9, thereby calling Lot 9 the "building site" -for this
development. The application of the building setback
requirements of the "I-2" Light Industrial District on Lot 9
would render the lot unbuildable. The side yard setback
requirement of 30 feet is 5 feet in excess of the lot width.
The applicant contends that the proposed structure should be
treated as would a new building which would overlap the
intervening lot lines, and the setbacks should be judged
from the boundary lines of the entire ownership.
May 19, 1980
Item No. 1 - Continued
Staff reccommends the interpretation be that setbacks are
applied to and measured from the boundary lines of a single
ownership provided that such ownership also has a single
zoning classification. To clarify: Bulk and area
requirements would be applied on the basis of a "zoning
lot," which would be described as a parcel of land that is
designated by its owner or developer as a tract, all of
which is to be used, developed or built upon as a unit under
single ownership which as long as it meets this requirement
may consist of:
1. A single lot of record.
2. A portion of a lot of record.
3. A combination of complete lots and portions of lots or
portions of lots of record.
Staff further suggests that the above definition of "zoning
lot" be recommended for incorporation into the proposed
amendment package for the zoning ordinance.
Board Action:
A lengthy discussion followed the initial Staff presentation
of exactly what was being proposed here. Finally, after
some clarification and discussion of alternatives, the Board
moved to approve the Staff recommended interpretation of the
existing situation and, further recommending that the
ordinance be amended to incorporate this definition or some
similar version thereof in the new amendment package. The
motion was passed: 6 ayes, 0 noes and 1 absent.