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February 28, 1996 Plan Commission Meeting Minutes Page 2 Chairperson Solodar called on Planning Director Al Goldman to provide the staff report. Mr. Goldman stated that the lots in question are only 4200 square feet in area which is considerably smaller than the 7260 square feet required by the Zoning Code for two family structures in the "LR" - Limited Residential District. This is a legally non-conforming situation that is classified by the Zoning Code as a non-conforming structure. In addition, the code limits building coverage to 30% of the lot area; but the building on Lot 16 covers 37.6% of the lot area and the buildings on Lot 17 cover 44.1%. If the plat is approved the area of Lot 17 will be decreased to 4125 square feet and the building coverage increased to 44.9%. Although the current area of Lot 17 is smaller than the size required by the zoning code, the lot does comply with the prevailing pattern of existing development. The applicant proposes a further reduction in the size of this lot which will make it smaller than the prevailing pattern. Section 29-4 of the Municipal Code states that no subdivision plat shall be approved unless it conforms to the standards of the section, paragraph (d) of which requires compliance with the prevailing pattern for lots that are smaller than the zoning code minimums. He recommends the resubdivision be denied. Mr. Hill stated that abutting property owners and the neighborhood trustees from University Park Subdivision #1 were mailed notice of this hearing. Chairperson Solodar asked for comments from the public. Darwin Portman, 7425 Cornell, stated that he is present as the attorney for University Park Subdivision #1. He stated that the trustees do not oppose the proposed resubdivision. No other members of the public indicated a desire to speak. Mr. Solodar asked how the adjustment would affect the principal structures' side yard setbacks. Mr. Hill replied that two-family homes in the "LR" - Limited Density Residential District do not have a setback requirement from the property line. The requirements is that principal structures must be located at least 15' apart. Even though the buildings do not meet that requirement, the boundary adjustment does not affect their distance from each other. Mr. Solodar stated he was concerned with the maintenance of the west garage wall. If the property line is adjusted the owner of lot 17 will only have a 1' strip from the wall of the garage to the new property line within which to do maintenance. That will not be enough to maintain the garage. Ms. Boltzman suggested that there be a maintenance easement added to the plat. Ms. Mello objected to adding the easement. Mr. Kahn stated that he feels the Subdivision Ordinance's requirement is met that the lot sizes be in substantial conformance with the prevailing pattern of the neighborhood. He does not feel the 1' difference in lot widths is substantial. He will vote to recommend approval of the resubdivision if there is a maintenance easement added to the plat. Mr. Foxworth stated that he would also vote for approval if the easement is added. m-2-28.plc