HomeMy WebLinkAboutR-1995-135 Twenty-Two lot subdivisionA RESOLUTION
RESOLUTION NO. R-95- 135
concerning the application submitted by Tim Monahan on behalf
of Earl F. Pratt, for a twenty-two lot subdivision of approximately
3.4 acres south of West Mead Avenue and west of South 24th
Avenue, City No. UAZO Preliminary Long Plat #1-95: approving the
preliminary long plat, subject to certain conditions.
WHEREAS, pursuant to chapter 14.20 YMC, the Hearing Examiner held a public
hearing on June 22, 1995, which was continued to and concluded on July 7, 1995, to
consider the application, City Number UAZO Preliminary Long Plat #1-95, submitted
by Tim Monahan on behalf of Earl F. Pratt for a twenty-two lot subdivision of approx-
imately 3.4 acres south of West Mead Avenue and west of South 24th Avenue; and
WHEREAS, on July 8, 1995 the Hearing Examiner issued his Examiner's
Recommendation, Examiner's No. I95-4-30, recommending approval of the proposed
subdivision subject to several conditions; and
WHEREAS, the proposed subdivision conforms with the City of Yakima Zoning
Title, YMC 14.25.110, and other applicable land use controls; and
WHEREAS, at its public meeting on September 5, 1995, the City Council deter-
mined by motion that the Recommendation of the Hearing Examiner should be af-
firmed and adopted, and each Council member declared that he or she had no contact
with either the applicant or opponents of this preliminary plat, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Yakima City Council hereby affirms and adopts the Findings and Conclu-
sions and recommended conditions of the Hearing Examiner's Recommendation,
Examiner's No. I95-4-30, a true copy of which Examiner's Recommendation is attached
hereto as "Exhibit A" and is incorporated herein by reference. City Council finds
formally that, as a matter of fact, the application, City Number UAZO Preliminary
Long Plat #1-95, for a twenty-two lot subdivision of approximately 3.4 acres south of
West Mead Avenue and west of South 24th Avenue submitted by Tim Monahan on
behalf of Earl F. Pratt conforms with the requirements of City of Yakima Zoning Title,
chapter. 14.25 YMC, and other applicable land use controls. All approvals and find-
ings of compliance expressed by this resolution are specifically conditioned on the
pertinent matters included among the Findings and Conclusions and recommended
conditions of the Hearing Examiner's Recommendation. Subject to conditions stated
herein, preliminary plat approval of a twenty-two lot subdivision of approximately
3.4 acres south of West Mead Avenue and west of South 24th Avenue, submitted by Tim
Monahan on behalf of Earl F. Pratt, City No. Preliminary Long Plat #1-95, as repre-
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MONAHAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT #1-95
RESOLUTION APPROVING PRELIMINARY PLAT -- Page 1
sented by the Emery Lane Subdivision, General Site Plan drawing (also identified as
sheet GS1.0), and the Preliminary Plat Layout drawing (also identified as sheet PP1.0),
both prepared by Tim Monahan, Architect, and dated August 3, 1995, is granted.
ADOPTED BY THE CITY COUNCIL this 19til day of September, 1995.
ATTEST: Mayor
City Clerk
An error was recognized in
this resolution on the date
of public meeting. It was
corrected to reflect the
September 5, 1995 public
meeting.
LLG
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MONAHAN/PRATT - EMERY LANE -- UAZO PREL LONG PIAT #1-95
RESOLUTION APPROVING PRELIMINARY PLAT -- Page 2
RESOLUTION NO. R-95- / 3s'
A RESOLUTION concerning the application submitted by Tim Monahan on behalf
of Farl F. Pratt, for a twenty-two lot subdivision of approximately
3.4 acres south of West Mead Avenue and west of South 24th
Avenue, City No. UAZO Preliminary Long Plat #1-95: approving the
preliminary long plat, subject to certain conditions.
WHEREAS, pursuant to chapter 14.20 YMC, the Hearing Examiner held a public
hearing on June 22, 1995, which was continued to and concluded on July 7, 1995, to
consider the application, City Number UAZO Preliminary Long Plat #1-95, submitted
by Tim Monahan on behalf of Earl F. Pratt for a twenty-two lot subdivision of approx-
imately 3.4 acres south of West Mead Avenue and west of South 24th Avenue; and
WHEREAS, on July 8, 1995 the Hearing Examiner issued his Examiner's
Recommendation, Examiner's No. I95-4-30, recommending approval of the proposed
subdivision subject to several conditions; and
WHEREAS, the proposed subdivision conforms with the City of Yakima Zoning
Title, YMC 14.25.110, and other applicable land use controls; and
WHEREAS, at its public meeting on February 7, 1995, the City Council deter-
mined by motion that the Recommendation of the Hearing Examiner should be af-
firmed and adopted, and each Council member declared that he or she had no contact
with either the applicant or opponents of this preliminary' plat, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Yakima City Council hereby affirms and adopts the Findings and Conclu-
sions and recommended conditions of the Hearing Examiner's Recommendation,
Examiner's No. I95-4-30, a true copy of which Examiner's Recommendation is attached
hereto as "Exhibit A" and is incorporated herein by reference. City Council finds
formally that, as a matter of fact, the application, City Number UAZO Preliminary
Long Plat #1-95, for a twenty-two lot subdivision of approximately 3.4 acres south of
West-Mead Avenue and west of South 24th Avenue submitted by Tim Monahan on
behalf of Earl F. Pratt conforms with the requirements of City of Yakima Zoning Title,
chapter. 14.25 YMC, and other applicable land use controls. All approvals and find-
ings of compliance expressed by this resolution are specifically conditioned on the
pertinent matters included among the Findings and Conclusions and recommended
conditions of the Hearing Examiner's Recommendation. Subject to conditions stated
herein, preliminary plat approval of a twenty-two lot subdivision of approximately
3.4 acres south of West Mead Avenue and west of South 24th Avenue, submitted by Tim
Monahan on behalf of Earl F. Pratt, City No. Preliminary Long Plat #1-95, as repre-
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MONAHAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT #1-95
RESOLUTION APPROVING PRELIMINARY PLAT — Page 1
sented by the Emery Lane Subdivision, General Site Plan drawing (also identified as
sheet GS1.0), and the Preliminary Plat Layout drawing (also identified as sheet PP1.0),
both prepared by Tim Monahan, Architect, and dated August 3, 1995, is granted.
ADOPTED BY THE CITY COUNCIL this L? CC -lay of September, 1995.
Mayor
ATTEST:
City Clerk
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MONAHAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT #1-95
RESOLUTION APPROVING PRELIMINARY PLAT — Page 2
ISSUED: JULY 8, 1995
Preliminary Plat and Class
2 Application for a Zero Lot Line
Subdivision, Emery Lane, at
South 26th and Mead Avenue
by Tim Monahan
RECEIVED
JUL 1 01995
CITY OF YAKIMA
PLANNING DIV.
EXAMINER'S RECOMMENDATION
UAZO P.L. Plat #1-95
Examiner No. 195-4-30
A public hearing was conducted on June 22 and continued by the
Hearing Examiner to and concluded on July 7, 1995. The Staff
Report presented by Bruce Benson with respect to the first hearing
and proposed preliminary plat recommended approval. The revised
staff report, again presented by Bruce Benson with respect to the
second portion of the hearing, concerning a revised site plan,
recommended denial. Several neighbors in the vicinity of 26th and
Mead Avenue expressed significant opposition. Two issues, rather
than the overall development, were of concern. The first is the
proposed offset for the extension of 26th Avenue to the south, with
the second being opposition to the number of dwelling units
proposed. The Examiner inspected the property prior to the
hearing.
This decision constitutes a recommendation to the City
Council, supported by written Findings and Conclusions, pursuant to
YMC Ch.14.20.
SUMMARY OP RECOMMENDATION. The Examiner recommends approval,
but only of a revised site plan, yet to be submitted, which
demonstrates continuation of 26th Avenue to the south. The
recommendation concerning the preliminary plat as proposed, if it
is not revised, is denial.
From the view of the site, the matters contained in the
.)fficial record including the Staff Report, a review of the Yakima
Urban Area Comprehensive Plan, the Yakima Urban Area Zoning
HEARING EXAMINER
FOR THE
CIT' AND COUNTY OF YAKIMA
POST OFFICE SOX
YAKIMA. WASHINGTON 98907
(509) 248-0706
EXAMINER'S RECOMMENDATION - 1
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Ordinance, and the city's Subdivision Ordinance, and from evidence
received at the hearing, the Examiner makes the following:
FINDINGS
1.. Applicant. Tim Monahan, on behalf of the property owner,
Earl Pratt.
2. Location. This parcel is approximately 3.4 acres,
located south of Mead Avenue. The west property line is
approximately in line with 26th Avenue north of Mead. The parcel
comprises one lot of a 3 lot short plat which was recorded in
April, 1995, Short Plat No. 95-49. The assessor's parcel number
181335-21005, submitted) with the application, has not been
number for the
confirmed by the Examiner. It may be the
parent parcel involving the short plat.
3. Application. Preliminary Plat,
family subdivision. This is also a Class 2
lot line development.
4. Legal Description. Lot No.
Records of Yakima County, Washington.
5. Proposed Use. This will be a 22 lot subdivision with 22
single family residences utilizing the zero lot line development
standards in YMC Chapter 15.09. Each individual dwelling unit will
be constructed on its own lot, with access provided by a newly
constructed extension of South 26th Avenue, offset to the east of
the existing South 26th Avenue located north of Mead.
6. Current Zoning and Land Use. The subject parcel is zoned
R-1„ Single Family Residential, and is presently undeveloped.
Surrounding properties have the following land use characteristics:
Location Zoiljng Existing Use
North R-1 Single family homes
South B-1 Undeveloped. This property is
also currently owned by Earl
Pratt
East R-1 Two single family homes, other-
wise undeveloped
West R-1 Single family homes
parcel
for a 22 lot single
application for a zero
3 of Short Plat #95-49,
EXAMINER'S RECOMMENDATION - 2
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HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
(509) 248-0708
7. Project Description. The subject property is 3.37 acres
in size and comprises one lot of a three lot short plat. Road
improvements along the south side of Mead Avenue were conditional
to the recording of this short plat and included barrier curb and
gutter, a four foot sidewalk, and 16 feet of pavement from the
street centerline to face of the curb. These improvements have yet
to be completed. The money to pay for installation has been placed
in escrow and all required improvements stemming from the short
plat are proposed to be completed simultaneously with the
improvements that will be conditional to the approval of this
subdivision.
8. Yakima Urban Area Comprehensive Plan. The Optimal Land
Use Element of the Urban Area Comprehensive Plan provides several
policy guidelines for assuring that new development is compatible
with neighboring land uses, that adequate provision has been made
for public services, and that new development should be directed by
the goals and policies of the Comprehensive Plan. This development
appears to be compatible with neighboring land uses, provisions for
public services are adequate to the proposed land use, and the
project is located in an area designated for single family
residential development.
The Housing Element of the plan encourages the
development of a mixture of housing types and densities throughout
the urban area. This proposed plat provides for single family
dwellings, but in a manner that is both non-traditional for this
community and at densities that are marginally higher than the
community norm for R-1 zoning (albeit adjacent area norms are
somewhat lower than will be found in other R-1 areas throughout the
city).
This plat meets both the intent and the goals of the
comprehensive plan for single family residential development in the
R-1 zone. From a compatibility standpoint, this project will have
somewhat more dwelling units per acre than other residential
development in the neighborhood, but it is a self-contained
development such that the density will have little to no impact on
other residential neighborhoods north and west of Mead. The
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF MAXIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 989C
(509)24B-0706
EXAMINER'S RECOMMENDATION - 3
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primary impact will be traffic, which is dealt with below as part
of the subdivision and zoning ordinance analysis.
9. Proposed Subdivision Specifications.
9.1 Total Area. - 3.37 acres.
9.2 Number of Lots/Lot Density. 22 lots, with 8.7
dwelling units per net residential acre. This is based upon 22
lots, with a total square footage of 110,361 square feet.
9.3 Lot SiEe. Most of the lots are 5,000 square
feet. Seven ]lots are between 5,000 and 5,020 square feet. Two
lots are 5,056 and 5,210 square feet,. The latter is the largest
lot.
This preliminary plat complies with the lot
dimensions required by the city. One of the requirements is that
the lot width at the front building setback line be at least 50
feet. As a point of interest, city ordinances conflict on this
point. YMC 14.30.050, contained in the dated subdivision
ordinance, establishes a minimum width of 60 feet. The
subsequently enacted Urban Area Zoning Ordinance in Table 5-1
establishes the minimum lot width in the R-1 zone as 50 feet. This
later adoption is treated as having repealed by implication the 60
foot width established in YMC 14.30.050. [Since it may be
inappropriate for me to express any editorial opinion concerning
the desirability of having consistent development standlards located
in one place rather than spread through the Urban Area Zoning
Ordinance, and nine chapters of a dated subdivision ordinance, I
will not do so.]
9.4
9.5
9.6
9.7
construction.
Water SupD1'. Public water.
Sanitary Sewage ;Disposal. Public sewer.
Storm Water Drainage. Retained on site.
Type of Houslits . Individual on-site
9.8 Streets. Access will come from Mead Avenue
through an offset extension of South 26th Avenue. This offset is
located approximately 100 feet east of the existing Location of
South 26th on the north side of Mead. Avenue.
Two short street extensions, terminating in hammerhead
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
EXAMINER'S RECOMMENDATION - 4
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T's", are located on the east side of the new street. These
provide access to interior lots which do not front directly upon
South 26th Avenue. Rolled curbs, gutters, and sidewalks have been
proposed by the developer for both sides of South 26th Avenue and
around the perimeter of both "T's". The July 7, 1995 preliminary
plat layout shows the developer's proposed configuration of the
lots. The version considered at the first hearing showed South
26th as extending to the south, so that it could provide a grid
network for traffic when the south property is developed. The
final proposal shows 26th bending to the east, with a hammerhead at
its terminus and an "eyebrow" or "elbow" in the vicinities of lots
9, 10 and 11.
Failure to provide a street which provides for future
connection to Racquet Lane drew a negative response from the
Planning Department. Mr. Benson in his supplemental staff report
submitted on July 7 recommended denial for failure to provide the
through street. This is consistent with the position taken
throughout the analysis of this file by Shelley Wilson. City
Engineer Fred French and Tony Sloan from the Fire Department both
testified at the July 7 hearing that failure to provide a through
street compromised emergency vehicle access and safe traffic flow.
YMC 14.30.070(B)(1) states that street patterns should
provide for continuation or appropriate projection of existing
streets. The purpose of this is to allow economical extension of
municipal services, reducing traffic danger and congestion on roads
and securing economy in local governmental expenditures. See YMC
15.01.030(4, 5, 8, and 11).
Numerous neighborhood comments were received that traffic
on Mead Avenue is rapidly increasing. This is logical, based upon
recent development of several housing subdivisions west of this
project whose only access is Mead. In addition, Kissel Park,
immediately south of Mead Avenue and located west of this project,
when it is developed, will also throw additional traffic into the
area. The purpose of a grid traffic system is to provide alternate
means of traffic access, avoiding congestion at choke points. The
existing development pattern of the Hamilton Park area, although
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAK9.IA. WASHINGTON 9890
(509) 248-0706
EXAMINER'S RECOMMENDATION - 5
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attractive in many respects, does not provide many traffic
alternatives. The large land area south of Mead to Racquet Lane
and to the creek south of Racquet Lane suggests the need to
accommodate the potential for significant additional traffic in
this area. In all probability Racquet Lane will be extended west
to 27th, further supplementing the grid. As it currently stands,
27th has right: -of -way problems given the location of a house and
lack of right-of-way in the vicinity of 27th and Racquet Lane.
This proposed street (26th) is critical to the future orderly
development of this area.
Accordingly, this plat if approved should be
redesigned to reflect extension of 26th to the south property line,
with the street located in the vicinity of the existing sewer line.
This requires reconfiguration of the lots, and will probably result
in the loss of one lot.
If a lot must be deleted from this proposal, it
helps mitigate neighborhood concern about the density of this
project. If this were built to normal R-1 subdivision standards,
each lot would be a minimum of 7,C)00 square feet. It is possible
that 15 or 16 lots couldbe developed at that lot size, as compared
to the 22 lots proposed here. If only 21 lots result from this
development, the increase in density permitted by taking advantage
of the zero lot line provisions is nevertheless still significant,
and is consistent with the directives of the comprehensive plan,
subdivision, and zoning ordinances in their effort to encourage
flexibility of design while providing for logical provision of
government services.
The primary traffic impact of this project on Mead will
be the volume of traffic generated by this project on Mead, from
26th out to 24th Avenue. Although Mead is not rated as an
arterial, there is a very high probability that a left turn lane on
Mead will be desirable, providing traffic coming west from 24th a
left turn lane to turn south onto 26th from Mead. If Mead is
constructed to allow a future left turn lane, it will avoid future
congestion on Mead in this area, and will also help to mitigate the
EXAMINER'S RECOMMENDATION - 6
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HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
(509) 248-0705
npact of traffic on the Dwarshuis residence at the northeast
corner of 26th and Mead.
As part of the prior short plat improvements are required
to Mead Avenue, resulting in 32 feet of pavement, plus curb and
gutter on the south side. lir. Kevin Callow, from the City
Engineer's Office, has indicated that if the pavement width is
increased to 33 feet, the City at some future time can stripe a
left turn lane. The result will be three 11 foot wide lanes,
together with a prohibition of parking\in this vicinity of Mead.
The actual lane striping and parking prohibition can occur at some
future date. It is appropriate at this point, before the short
plat improvements are completed, to require the pavement width
increased by one foot. This can apparently be accommodated within
the existing right of way, again according to Mr. Callow.
The City Engineer is also requiring that the radius of
the intersection of South 26th with Mead be redesigned to show a 20
foot radius of the corners. This is reflected on the July 7
.reliminary plat.
9.9 Curb, Gutter. and Streetlights. The proposed
street (26th) will be classified as a local access street,
requiring 50 feet of right-of-way with 32 feet of pavement to face
of curb. The normal standard is to require a vertical or barrier
curb and gutter, with a 4 foot sidewalk on one side of the street.
This proposal is for rolled curb and gutter, a 4 foot
landscaping strip with trees and grass on the inside of the curb,
with a 4 or 5 foot wide sidewalk on the outer edge of the right-of-
way. In other words, a sidewalk, grassy strip, and then curb and
gutter.
The purpose of the rolled curb is to allow flexibility in
locating driveways, thus avoiding the need to rip out significant
amounts of curbing when the lots are built out.
The reason for normally requiring a barrier curb on
through streets is primarily for traffic control. It helps to keep
ears from running up onto the yard, and also helps to control on
street parking. Children are also less likely to roll out into the
street on their tricycles or bicycles if a barrier curb is used.
HEARING EXAMINER
FOR THE
ctTY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 9890-
(509) 248.0706
EXAMINER'S RECOMMENDATION - 7
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In this instance, the presence of a 4 foot wide
landscaping strip between the sidewalk and the curb justifies
allowing rolled curbs. 'This is a tight development in which there
will be many curb cuts, and not much space on the street for
parking. The landscaped strip will provide the same protective
benefit for pedestrians or children on the sidewalk as a barrier
curb.
Barrier curbs should, however, be required on all street
corners, on the radius. The purpose is to protect cars from
running up over the curb and to provide better control for
drainage. This requirement is similar to that developed by Yakima
County severalyears ago. The physical appearance of the curb is
acceptable, in that the barrier curb simply tapers down to the
rolled curb. Design formats are undoubtedly available from the
Yakima County Public Works Department.
Street lights will be constructed pursuant to city design
standards.
9.10 Street Offset. Street jogs or offsets of less
than 120 feet should not be allowed, according to the subdivision
ordinance. Inthis instance the city design review team recommends
allowing the offset because of the location of the sewer line. The
city installed the sewer line in this location to conform with the
grade. City policy typically requires sewers to be located in
public rights of way for ease of access and maintenance.
Furthermore, stringent building rules apply if a sewer line is to
be built over. In this instance, the developer has conformed his
streets to the existing sewer line, did not create the problem, and
is attempting to comply with city policy concerning streets and
sewers while still developing his property. The inevitable
conflict between the offset rule and the sewer rule requires
consideration of the reason for the offset rule.
As established by Mr. French's hearing testimony, if
streets are continuous, it is particularly important to avoid
offsets. In this instance, the Hamilton Park addition is developed
with discontinuous streets which do not serve the outsrde world.
Thus, the reason for avoiding an offset is less significant in this
EXAMINER'S RECOMMENDATION - 8
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HEARING EXAMINER
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POST OFFICE SOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
nstance. This offset will nevertheless have a significant adverse
impact upon the house on the northeast corner of 26th and Mead,
owned by Mr. and Mrs. Bryan Dwarshuis. They attended both hearings
and expressed significant concerns about the headlights and traffic
making their house less livable and less safe. Development of this
offset will definitely make their property less attractive.
Nothing in the record supports a finding that their
.property will be less safe. One of the risks of owning property in
the proximity of undeveloped property is the difficulty of
predicting how that open land will develop. The proposed street
design is otherwise consistent with city standards, and does not
present significant safety hazards.
9.11 Parks and Playgrounds. This project is within
reasonable proximity to undeveloped Kissel Park, which will provide
adequate playground facilities.
9.12 Provisions for Schools. No comment was
received from the Yakima school district. There is no evidence in
..he record suggesting that school capacity is inadequate or that
special provision should be made for schools.
9.13 Sewer. This project will be required to
provide sewer stub outs to serve the two lots of the short plat.
This is agreed by the developer.
The only other sewer controversy deals with the
City recommendation that a side sewer be extended on the south edge
of the property, to the east property line. The purpose of this is
to service currently vacant property to the east.
Due to the specific circumstances of this
particular parcel, it is not appropriate to require the sewer
extension. A manhole in the existing sewer line exists
approximately 20 feet south of the south property line of this
parcel. This manhole was installed to accommodate a bend in the
sewer line and is located on the vacant property to the south also
owned by Mr. Pratt. This manhole provides the most logical and
economical location if a new side sewer is to be extended east from
the line in 26th. That issue can be dealt with at the time the
vacant property is developed. Although it may not be equitable to
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
EXAMINER'S RECOMMENDATION - 9
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require Mr. Pratt to install the sewer line at his expense at that
time, it may be prudent to require dedication f an easement, so
that other developers have the ability to connect to the City line
in the future. That issue can be resolved later and does not need
to be dealt with as part of this application.
There is a possibility that in final planning for
this proposal the sewer in the south hammerhead, which will be
required to service at least lots :L3, 14, 15, and 16, can be
extended in the building setback area to the east property line.
That is an issue which can be resolved at the engineering level,
with the developer, at the appropriate time. It is not necessary
to deal with that issue at this time. The final plat should
reflect the easement if it is created.
10. Zero Lot Line Class 2 Review. Zero lot line development
is a Class 2 use in the R-1. zone. (YMC Chapter 15.04, Table 4-1).
The standard of review for a Class 2 use is that it is
generally permitted in the zone, but the compatibility between a
Class 2 use and the surrounding area cannot be determined in
advance. Occasionally a Class 2 use may be incompatible at a
particular location. Class 2 review is required in order to
promote compatibility with the intent and character of the zone and
the objectives and development criteria of the comprehensive plan.
Conditions of approval may be imposed on the approval. (YMC
15.04.020(2)).
The development standards for zero lot line projects are
at YMC 15.09. C)40. This application is the first time the zero lot
line provisions have been utilized since the adoption of the Urban
Area Zoning Ordinance in 1986. As a consequence, the developer,
City staff, and certainly this Examiner, are working through how
the provisions work and should be applied. A copy of YMC
15.09.040, concerning zero lot line development, is attached as
Exhibit "A" for reference convenience.
In order to take advantage of the 5,000 square foot
minimum lot size, the provisions of this section must be followed.
In addition to lot size reduction, the primary changes are in
building setbacks. Because the house can be built on one property
HEARING EXAMINER
FOR TME
crry AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
C509)248-0706
EXAMINER'S RECOMMENDATION - 10
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MONAHAN/PRATT - EMERY LANE: - UAZO PREL LONG PLAT , 1-95
RFSOT TTTTON APPROVING PRELIMINARY PLAT -- EXHIBIT A
ine, the building setback from the other side property line must
be 10 feet rather than the normal 5 feet. The rear yard setback
is 10 feet, rather than the customary 20 feet. The front and
street side setback standards are the same as for other projects,
as shown on Table 5-1. In this instance, the front yard setback is
20 feet from the property line, which is equivalent to 45 feet from
the centerline of a local access road with 50 feet of right of way.
The preliminary plat layout dated July 7, 1995 shows the
zero lot lines as being the ones with the blue dots. The zero lot
line scheme is closed between lots 11 and 12. It is inevitable
that the final lot must have a freestanding building not located on
any property line, so that the side setbacks can conform with the
normal rules for adjacent development. This also means that the
last lot or lots in a zero lot line development have non -zero lot
line houses on small lots, even though normal development cannot
have such small lots. In other words, normally the smallest lot
for a house with building setbacks on all sides would be 7,000
square feet. In this instance, two lots, 11 and 12, will have
freestanding houses, not located on any lot line, on approximately
5,000 square foot lots. This is an inevitable result and should be
permitted.
Because houses are located on the lot line, the adjacent
lot must be burdened with a maintenance and drainage easement as
reflected in YMC 15.09.40(6). This is a perpetual maintenance,
eaves overhang, and drainage easement at least 5 feet wide which
must be provided on the lot adjacent to the zero lot line property
line. This area, with the exception of walls or fences, is to be
kept clear of structures. The easement is to be shown on the plat
and incorporated into each deed transferring title. In addition,
the wall is to be maintained in its original color and treatment
unless otherwise agreed to in writing by the two affected lot
owners. Eaves, but only eaves, may protrude across a side lot line
up to 18 inches. Water runoff from the dwelling placed on the lot
line is limited to the easement area. This easement must be shown
on the preliminary plat, and is not currently shown.
EXAMINER'S RECOMMENDATION - 11
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MONARAN/PRATT - EMERY LANE — UAZO PREL LONG PLAT l-9�
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 9890"
(509) 248-0706
The building envelopes, however, do comply with the zero
lot line setback rules, except for lot 18, which must be revised so
that its front yard is served by the hammerhead. As currently
configured, lot 18 has its front yard on 26th Avenue. Standard
city policy requires all driveway frontages to be on side streets
to the extent reasonably possible. In this instance, the north
hammerhead should service lots 18, 19, 20, 21, and 22.
This section also requires that the wall in the zero lot
line must not have any openings. The language of YMC 15.09.040(5)
should also be reflected in a note on the plat.
Maximum lot coverage in the R-1 zone is 45%. The zero
lot line section deals with maximum lot coverage and picks up this
requirement by stating: "The total lot coverage on a lot shall not
exceed the district requirements established in Table 5-1." (YMC
15.09.040(3))
Mr. Monahan has raised the question, and will present for
council consideration, the issue of whether administrative
adjustments are permitted for zero lot line developments. If they
are, he is interested in increasing the amount of permissible lot
coverage, and in having openings on the zero lot line wall. He is
also curious to know whether or not the zero lot line wall must be
entirely located on the zero lot line, or can be jogged off the lot
line.
Administrative adjustments are authorized by YMC Chapter
15.10. The chapter specifically states that the purpose is to
provide flexibility "...by allowing certain development standards
in Chapters 15.05 through 15.08 to be administratively adjusted."
(YMC 15.10.020, emphasis added). Chapter 15.09, dealing with zero
lot line development, is not included in the specific list of
chapters whose development standards may be adjusted.
Zero lot line development allows more intense utilization
of property, without requiring a rezone. It is reasonable to
expect that the clear standards of that chapter be followed, and
not be modified. This view is consistent with the specific
language quoted above, which does not authorize adjustment
concerning zero lot line projects. This also means that standards
HEARING EXAMINER
FOR THE
Crry AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
(509) 248-0706
EXAMINER'S RECOMMENDATION - 12
lap/land use/subdivision/plattingimonahaui p at/ w:..cry lane/prelim plat res 9/15/95 12:01 PM
MONAHAN/PRATT - EMERY LANE - UAZO PREL LONG PLAT #1-95
nr_cr\T Tr -r A nDDrV TTXTr DD1=T TNTT\TATPV PT AT _ Pel-iTRTT e
pplicable to subdivisions which can otherwise be adjusted, such as
`lot coverage, cannot be adjusted when they apply to zero lot line
projects. For instance, lot coverage is dealt with in chapter
15.05, which can normally be adjusted. As applied to zero lot line
projects, however, the clear language of YMC 15.10.020, coupled
with the clear language of Chapter 15.09, supports concluding that
otherwise adjustable standards can not be adjusted in this
instance.
With respect to location of a wall on the zero lot line,
it is not required that the wall be located on the property line.
However, the setback rules continue to apply and should not be
adjusted. Furthermore, whether or not the wall is located on the
line or not, no openings are permitted in the wall. The
prohibition on openings is mandatory, and leaves no room for
discretion. (See YMC 15.09.040(5)). The only time openings are
permitted is when a zero lot line wall abuts permanent open spaces
or a public or private right of way. No permanent open spaces or
)ublic or private rights of way are provided in this plat. Simply
having a building setback and imposing some type of easement
purporting to create open space or private right of way is deemed
insufficient to circumvent this prohibition of openings.
This project clearly complies with the Class 2 standard
of review and is compatible with the area. The only real issue is
the amount of traffic thrown onto Mead Avenue by increasing the
number of dwelling units. Although precise information is not
available, compared to the existing traffic on Mead Avenue, the
increased traffic resulting from several additional units allowed
by zero lot line development is relatively insignificant.
This is an innovative utilization of existing ordinance
provisions which have been in place for 9 years, have been designed
to encourage provision of affordable housing, and yet have not
until this time been taken advantage of by the development
community.
11. Environmental Review. A Determination of Non-
significance was issued by the City on December 21, 1994. No
On May 24, 1995 an
significant
agency
comments
were
received.
EXAMINER'S RECOMMENDATION - 13
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MONAHAN/PRATT - EMERY LANE - UAZO PREL LONG PLAT #1-95
1?PcnT T TTT( hT APPROVTNC; PRFT IMINARY PLAT - EXHIBIT A
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YA$.IMA
POST OFFICE BOX 4
YAXIMA, WASHINGTON 98907
(509) 248-0706
addendum was issued to cover changes made to the original
application. The addendum did not alter the original DNS but was
recirculated for a second comment period. Both comment periods
have ended, and no appeals have been filed.
12. Notice. Public notice of the hearing was provided in
accordance with the ordinance.
From the foregoing Findings, the Examiner makes the following:
CONCLusIoIirs
1. The Examiner has jurisdiction.
2. The proposed subdivision and zero lot line development
(as modified herein) conform with the goals and policies of the
Yakima Urban Area Comprehensive Plan, the intent of the Yakima
Urban Area Zoning Ordinance, the provisions of the Subdivision
Ordinance, Title 14, and will serve the public use and interest,
subject to the conditions set forth in the Recommendation below.
3. All notice provisions of the ordinance have been complied
with.
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
RECOMMENDATION
1. If this plat is not revised consistent with the findings,
conclusions and recommendations set forth below, then my
recommendation is denial.
2. If this preliminary plat is revised consistent with this
recommendation, subject to the following conditions, then my
recommendation is approval.
A. The revised preliminary plat, and final plat, must
substantially conform with the preliminary plat layout dated July
7, 1995, in regard to lot sizes and layout, except that road
alignment shall show an extension of South 26th Avenue to the south
property line, and probably elimination of one lot to accomplish
this realignment. The realignment shall be in the vicinity of the
EXAMINER'S RECOMMENDATION - 14
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MONAHAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT
HEARING EXAMINER
FOR THE
CfTY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
xisting public sewer. Lot 18 shall be revised to reflect a
building envelope showing the cul-de-sac to the north as the front
yard, with appropriate setbacks. Building footprints and zero lot
line easements shall also be indicated.
B. The public road improvements must be designed and
constructed to current City of Yakima standards for local access
streets, as modified to reflect sidewalks on both sides with the
.planting strip. Street plans must be prepared by a licensed
professional engineer and reviewed and approved by the City
Engineer prior to construction.
C. Public road right of way must be dedicated as
follows:
(1) 50 feet of right of way for South 26th, from
Mead to the south property line, generally centered over the
existing sewer main.
(2). The side streets with the hammerhead
turnarounds shall have 35 feet of right of way, with 20 foot and 30
foot legs on each hammerhead, measured from the right of way line,
designed pursuant to minor local access street standards.
D. Frontage improvements along Mead Avenue required as
part of the short plat referenced in the findings shall be
completed in conjunction with this project, together with 20 foot
radii on the intersection of South 26th with Mead, barrier curbs on
the radii and on Mead Avenue, together with the one extra foot of
pavement, for a total of 33 feet of pavement width on the property
frontage east of 26th. A traffic barrier acceptable to the City
Engineer shall be installed at the south terminus of 26th Avenue,
on the south property line.
E. A minimum of 8 foot wide utility easements must be
provided adjacent to all public rights of way, and as specified by
the utility providers.
F. The location of any proposed and/or existing road
approach to all public roads must be applied for, reviewed and
approved by the City Engineer. Written verification of such
approval for the access approach must be submitted to the Planning
Department prior to final plat approval. No approaches to 26th
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
(509) 2d8-0706
EXAMINER'S RECOMMENDATION - 15
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MONAHAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT =1-95
.........1 A rr`rr-sT •TV rNT%rT (TAT n TIT AM v 11 71? TT A
Avenue will be permitted for lots 13, 14, 15, 16, 17, 18, 19, 20,
21, and 22. The City Engineer will determine if any road signs are
required for this development. If so, they will be installed by
the City prior to acceptance of the road and all costs associated
with supplying and installing the signs must be reimbursed to the
City by the developer.
G. A preconstruction
developer prior to any road or
proposed or existing road rights
City must inspect actual road construction.
H. The two short streets going east from the extension
of South 26th Avenue shall be named pursuant to direction from the
City Engineer, most likely Loren Court and King Court, consistent
with similar alignments found in the plat of Suncrest, located to
the west.
conference must be arranged by the
utility construction within the
of way, and an inspector from the
I. All mail delivery shall be centralized, with site
placement to be determined by the postal service.
J. All lots shall be served with domestic water and
public sewer. Water and sewer plans must be prepared by a licensed
professional engineer and reviewed and approved by the City
Engineer prior to construction.
K. Utility and access easements shall be reflected on
the plat and where reasonably possible shall be placed underground.
L. Street lights and fire hydrants shall be provided
and installed by the developer at locations and to the
specifications of the City of Yakima Code Administrator.
M. An extensive note shall be placed on the plat
setting forth that this plat is subject to the provisions of zero
lot line development as authorized by YMC 15.09.040. The note
shall reflect the prohibition on openings and maintenance and
drainage easements as reflected in that section. The note shall
also reflect that the design standards which are otherwise
administratively adjustable under the Urban Area Zoning Ordinance
are not administratively adjustable with respect to this proposal.
The note shall also reflect the unique dwelling unit setbacks
required in a zero lot line development. The purpose of such an
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509)24S-0706
EXAMINER'S RECOMMENDATION - 16
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MONA:HAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT =1-95
xtensive note is to put future owners, lenders, and plan review
officials on notice of the unique characteristics of this project.
N. Rolled curbs and gutters shall be permitted along
both sides of South 26th Avenue. Barrier curbs shall be required
around on the radius of all street corners. Sidewalks shall be
provided on both sides of all streets, together with planting
strips on 26th, as indicated in the July 7 preliminary plat layout.
All sidewalks shall be located on public right of way.
O. Storm water drainage facilities to accommodate
runoff generated within the plat must comply with a drainage
facilities plan prepared by a licensed professional engineer and
approved by the City Engineer.
P. Detailed plans for all proposed utilities within
rights of way must be submitted for review and approval prior to
construction of the utilities.
Q. The following notes must be placed on the face of
(1) Road approach permits are required for each
lots. All road approaches must be reviewed and approved by the
City Engineer prior to issuance of the building permit.
(2) No direct vehicle access will be permitted to
South 26th Avenue from lots 13 through 22.
(3) The owner shown hereon, their grantees, and
assignees in interests, hereby covenant and agree to retain all
surface water generated within the plat on site. Any natural
drainageways must not be altered or impeded.
R. A method of dust control during the construction
phases shall be submitted to, and approved by, the Yakima Clean Air
Authority. A written copy of their approval shall be submitted to
the Planning Department prior to construction of any work phase.
The developer shall designate, during working hours, a responsible
party to serve as a contact person alleged air quality violations.
S. Prior to recording the final plat or issuance of
building permits, all required plat improvements must be installed;
alternatively, an escrow account shall be established or a bond
provided in an amount and with conditions acceptable to the City
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
(509) 248-0706
the plat:
EXAMINER'S RECOMMENDATION - 17
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MnNANAN/PRATT - EMERY LANE - UAZO PREL LONG PLAT #1-95
Engineer to assure installation of all required improvements.
Building permits my be issued on a lot by lot basis by the City
Engineer when determined that building construction will not
interfere with utility and roadway construction.
T. If the developer elects to escrow or bond for the
required plat improvements, and fails to complete them in the time
specified in the escrow or bond agreement, the City shall have the
authority to suspend issuance of building permits or occupancy
permits until the required improvements are accepted as
satisfactorily completed.
U. The final plat shall be prepared by a licensed
surveyor, shall conform with the conditions of preliminary plat
approval, and shall meet the requirements of YMC 14.25.200.
V. The total project must be finalized and the final
plat submitted within the maximum time period set forth in RCW
58.17.140 as follows: Three years from the date of the City
Council resolution approving the preliminary plat, with a possible
one time, one year extension, provided the request for an extension
is submitted to the City Council at least 30 days prior to the 3
year expiration. [This time frame is set forth in YMC 14.25.160.
The conflicting provisions of YMC 14.25.170, which indicate that
the final plat must be filed within one year from the date of
approval of the preliminary plat, are not unreconcilable with the
prior section., and far more restrictive than permitted by state
law. It appears that YMC 14.25.160 was adopted in 1982, after
adoption of the original subdivision ordinance in 1978. It
therefore is treated as repealing by implication YMC 14.25.170(A).]
DATED this day of July, 1995.
PHILIP A. LAMS
Hearing Examiner
EXAMINER°S RECOMMENDATION - 18
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MONAHAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKMA
POST OFFICE 80X 4
YAKMA. WASHINGTON 98907
(509) 248-0706
15.09.040 Zero Lot Line Development,
A. Purpose. Zero lot line development for single-family dwellings may be
permitted in order to: promote efficient land environmentally sensitive ive rc energy
area,
efficient arrangement of structures, protect
or provide more usable private or community open space.
D. Review Required. Zero lot line development in subdivisions and short
subdivisions approved after the effective date of this ordinance may be
approved by Class (2) review. Zero lot line development may also be approved
on Lots created before the effective date of this title by Class (3) review. A site
plan meeting the requirements of Section 15.11.040 or, as applicable, Section
15.11.050 shall be prepared for all zero lot line development.
C. Development Standards. All zero lot line developments comply with
the standards of Table 5-1 and 5-2. the provisions of this title and the following
requirements: provided, that where the standards included herein conflict
with the standards established in other sections of this title, the standards
herein shall apply:
1. Dwelling Unit Setbacks:
a. Interior Side Yard Setback Standard. The dwelling uni be
placed on one interior side property line (a zero setb- The
setback standard from the other side property line be ten
feet. No structures except for patios, pools, fences, wa s and other
similar elements are permitted within the required setback area.
b. Rcar Yard Setback Standard. The rear yard setback standard is ten
feet.
c. Frons and Streetside Setback Standards. Front and streetside
setback standards shall be those shown on Table 5-1.
2. Accessory Building Setback. Accessory buildings and structures shall
observe the setback requirements for the main dwellin unit.
3. Maximum Lot Coverage. The total_lot..coverage. on_ a_lot shall of exceed- the_
d1ri.cL_requirements established in _ Table_ 5-1.
4. platting Requirements Each dwelling shall be located on its own
individual platted lot. The plat shall show the zero lot lines and the related
easements.
5. Openings Prohibited on the Zero Lot Line Side. In order to maintain
privacy, there shall be no windows, doors, air conditioning units, or any
other type of openings in the wall along the zero lot line, except when
such a wall abuts permanent open spaces or a public or private right-of-
way' maintenance, eaves
6. JNaintcnancc and Drainage Easement. A perpetual
overhang, and drainage easement at least five feet wide shall be provided
on the lot adjacent to the zero lot line property line, which, with the
exception of walls and/or fences, shall be kept clear of structures. This
easement shall be shown on the plat and incorporated into each deed
transferring title on the property. The wall shall be maintained in its
original color and treatment unless otherwise agreed to in writing by the
two affected lot owners. Eaves, but no other part of any structure, may
protrude across a side lot line, and such protrusion shall not exceed 18".
lap/land use; subdivision/plattingimonah;:u4 ,p..,a ;.:..cry lane/prelim plat res 9/15/95 12:01 PM
NIONAITANIMATiTirniMERY LANE -- UAZO PREL LONG PLAT #1-95
�1 LL.49. 4U Zero Lot Line Develop menu,
A. Purpose. Zero lot line development for single-family dwellings may be
permitted in order to: promote efficient land use, permit a more energy
efficient arrangement of structures, protect environmentally sensitive area,
or provide more usable private or community open space.
D. Review Required. Zero lot line development in subdivisions and short
subdivisiions approved after the effective date of this ordinance may be
approved by Class (2) review. Zero lot line development may also be approved
on lots created before the effective date of this title by Class (3) review. A site
plan meeting the requirements of Section 15.11.040 or, as applicable, Section
15.11.050 shall be prepared for all zero lot lline development.
C. Development Standards. All zero lot line developments comply with
the standards of Table 5-1 and 5-2, the proviisions of this title and the following
requirements: provided, that where the standards included herein conflict
with the standards established in other sections of this title, the standards
herein shall apply:
lap/land,aau
MONAHA
1 . Dwelling Unit Setbacks:
a. Interior Side Yard Setback Standard. The dwelling uni be
placed on one interior side property line (a zero setb• The
setback standard from the other ,side property line 1be ten
feet. No structures except for patios, pools, fences, wa s and other
similar elements are permitted within the required setback area.
b. Rear Yard Setback Standard. The rear yard setback standard is ten
feet
c. Front and Streetside Setback Standards. Front and streetside
setback standards shall be those shown on Table 5-1.
2 Ag.cessory Building Setback. Accessory buildings and structures shall
observe the setback requirements for the main dwellin unit.
3. maximum Lot Coverage. The total_lot..coverage_ on_ a_lot shall 01 exceed the_
district_requirements established in _ Table. 5-1.
4. Ejjuting Requirements. Each dwelling shall be located on its own
individual platted lot. The plat shall show the zero lot lines and the related
easements.
5. Qi2enings Prohibited,. on the Zero Lot Line Side. In order to maintain
privacy, there shall be no windows, doors, air conditioning units. or any
other type of openings in the wall along the zero lot line, except when
such a wall abuts permanent open spaces or a public or private right-of-
way.
6. Lvj;lintenance and Drainage a ements. A perpetual maintenance, caves
overhang, and drainage easement at least five feet wide shall be provided
on the lot adjacent to the zero lot line property line, which, with the
exception of walls and/or fences, shall be kept clear of structures. This
easement shalt be shown on the plat and incorporated into each deed
transferring title on the property. The wall shall be maintained in its
original color and treatment unless otherwise agreed to in writing by the
two affected lot owners. Eaves, but no other part of any structure, may
protrude across a side lot line, and such protrusion shall not exceed 18".
�.ivksiggn�/�,,8)� gimonah:ui ‘p.i, ..cry lane/ elim plat res 9/15.'95 1201 PM
• • TT - 1ERY LANE — UAZO PRL LONG PLAT =1-95
Tir�r\T T T . nrinr^,t TT T1' T1T1-7 TX 4110 T) '1.7 TY( AT tvUTT21"T A