Agenda - Council - 05/25/1999 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I CASE REQUEST FOR APPROVAL OF METES AND BOUNDS SUBDIVISION; CASE OF RONALD DANNER By: Zoning Administrator Sylvia Frolik Background: Ron Danner resides at 17400 Erkium Street N.W. His property is 27 acres in size and he is requesting approval of a metes and bounds subdivision to separate his homestead and 4 acres of land into a separate lot of record from the remainder of his property. The following items are enclosed for your information: a) b) c) Site location map Proposed subdivision Proposed resolution Observations: Mr. Danner desires to sell his home with':~[ acres of land and retain the remaining 23 acres for possible future development. The homestead parcel is subject to the regulations of the Scenic River Overlay District, for which the minimum lot size is 4 acres for riparian lots. The Property is also in the Rural Transition area for which there is a 4 units in 40 acre density restriction. The subdivision proposed complies with the 4 in 40 density restriction and the 4 acre minimum lot size. City Code promotes division of property by platting, but also allows for metes and bounds subdivisions where there is a hardship. Mr. Danner's property does not have direct access to a public road and access is currently provided to the home via private easements from Erkium Street to the north. The City cannot justify approving a plat that does not have direct access to a public road and therefore, the only option remaining for Mr. Danner to be able to split his property and sell his home is a metes and bounds subdivision. The existing homestead will continue to have access to Erkium Street to the north via a private easement. The resolution allowing the metes and bounds subdivision has been drafted to require construction of a public road for any future subdivision of the property. Recommendation The subdivision was presented to the Planning Commission on May 4 as a minor plat. The Planning Commission recommended Council approval of the plat. However, subsequent to the Planning Commission meeting, the City Attorney determined that platting was not good poliCY in this instance because of no direct access to a public road, and recommended accomplishing the lot split by a metes and bounds description. The lot split proposed by metes and bounds description is consistent with the plat approved by the Planning Commission; only the means to create the split is proposed to change.