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. . March 24, 1993 Plan Commission Meeting Minutes Page 2 insufficient side yard of less than 5' in width. The applicant feels that the lot widths as proposed "substantially conform" to the prevailing pattern of 50' lot widths in the neighborhood as required by Ordinance No. 5880 which governs resubdivisions. Realmark Properties plans to purchase the west lot from the current owners and build a single family home for resale. Chairperson Marsh asked Mr. Goldman to report on the staff review. Mr. Goldman stated that Mr. Paul E. Sizemore of Realmark Properties has submitted an application to resubdivide Lot 3 of Block 6 of University View Subdivision. The lot is currently improved with a single-family dwelling on the east half of the lot. Section 34-24.2 of the Zoning Code provides that all lots resulting from resubdivision and improved with a structure must conform with the bulk regulations of the Zoning districts and Ordinance No. 5880 requires that in a resubdividing, the resulting lots must have lot areas, lot widths and depths be in substantial conformance with the prevailing pattern of existing development. With respect to Section 34-24.2, The Zoning Administrator has determined that the improved lot will comply, provided the side yard on the west is not less than 5 feet wide at any point (as provided under the determination of prevailing pattern under Section 34-30.3 of the Zoning Code). Under Ordinance No. 5880, the prevailing development pattern for lot widths is 50 feet (although there are some wider lots in the area). If a 5 foot side yard is maintained for proposed lot 3A, the lot width for Lot 3B must be reduced to 49.70 feet. Since the term "substantial conformance" is used in Ordinance No. 5880, it can reasonably be determined that 49.70 feet is in substantial conformance with the 50 foot pattern of lot widths for the existing development. Mr. Goldman recommends approval of the resubdivision as submitted by the applicant on its proposed final plat dated 3/19/93, with the eastern lot width at 50.30' and the western lot width at 49.70'. Mr. Goldman does not support the modification submitted on March 16 as an alternate proposal. Chairperson Marsh asked for comment from the public of which there was none. Mr. Marsh moved that the Plan Commission recommend approval of the resubdivision of Lot 3 of Block 6 of University View (8108 Teasdale), as submitted by the applicant on the proposed final plat dated 3/19/93, with the eastern lot width at 50.30' and the western lot width at 49.70'. The motion was seconded by Ms. Kreishman and passed by a vote of 5 - 0, with one abstention by Mr. Kahn. Explanation of conditional use permit review considerations The Chairperson outlined the Commission's procedures and criteria for reviewing conditional use permits. He specifically stated that the Plan Commission considers whether the use: a) complies with all applicable provisions of the Zoning Code; b) at the specific location will contribute to and promote the community welfare or convenience; c) will not cause substantial injury to the value of neighboring property; d) complies with the overall neighborhood development plan and existing zoning district provisions; and e) will provide, if applicable, off- street parking and loading areas in accordance with the standards contained in the Zoning Code. m-3-24.plc