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. . January 22,1992 Plan Commission Meeting Minutes Page 7 RESUBDIVISION - EAST 50' OF LOT 11. ALL OF LOTS 12 AND 13 AND THE WEST 40' OF LOT 14 IN BLOCK 9 OF MARYLAND TERRACE AMENDED SUBDIVISION NO.2. 7346 WESTMORELAND Chairperson Kreishman informed those present that the Plan Commission had scheduled the hearing on an application from Randall and Linda Comfort, owner of the lots, for a resubdivision of the east 50' of lot 11, all of lots 12 and 13 and the west 40' of lot 14 in block 9 of Maryland Terrace Amended Subdivision No.2, 7346 Westmoreland. The Chairperson outlined the Commission's procedures and criteria for reviewing resubdivisions and called for testimony from the applicant. Mr. Randall Comfort, 7346 Westmoreland, appeared as owner. Mr. Comfort presented a final plat of the proposed resubdivision. Mr. Comfort explained that the he wants to divide the single 45,990 square foot lot, 210 feet at the building line, into two lots. The proposed east lot will be 29,571 square feet with a lot frontage of 110 feet at the building line; the proposed west lot will be 16,471 square feet with a lot frontage of 100 feet at the building line. Mr. Comfort will live in the existing structure on the east lot and will construct a home for future resale on the west lot. Mr. Comfort stated that although the west lot will be smaller in area than many lots on the street, that the lot width is consistent with over half of the lots on the street and therefore meets the prevailing pattern. He states that the west lot will be shaped to preserve several existing structures on the property: a pool and fountain toward the front of the lot, two changing room/pool buildings and a swimming pool. The placement of the pool in the rear is the reason he angled the lot to a width of 50' in the rear. He explained that the first off-set toward the front of the property was to allow the lot width to be 100 feet. The second off-set was to accommodate the pool and fountain for the west lot, cut across the sidewalk leading to the pool at a right angle and then angle the lot narrower so that the east lot will encompass the pool and changing room/pool buildings. Mr. Comfort also submitted a proposed site plan depicting his vision of the placement of the new home on the west lot. He emphasized that the site plan is tentative because he will build the house to suit the future buyer, following the restrictions in the bulk regulations of the zoning code. Chairperson Kreishman asked Mr. Goldman for staff comments. Mr. Goldman stated that the Memorandum and additional information from the Staff state the widths and areas of lots. The Memorandum is a recital of the dimensional information. In the third paragraph there is a typo which misstates the lot width of the west lot as 110 feet when it should be 100 feet and the sixth paragraph states that the "planning staff recommends approval of the 'rezoning'" when it should state "resubdivision." He further stated that the width of the lot at the building line is essentially 95' because of the 5' off-set right on the building line. The staffs position is that the criteria of the resubdivision ordinances reference the standards of the zoning code. This resubdividing falls within this criteria. The issue of compatibility is addressed by the zoning code requirement that new construction be in substantial conformance with height and mass of adjacent and surrounding residences. Mr. Goldman stated that although there may be deed restrictions enforceable by the subdivision trustees, the City does not enforce them. The staff sees this m-1-22.plc