that preparing such correspondence would not be a regular occurrence whenever
public opposition or controversial decisions were made by the Commissioners. She
thanked the Commissioners for their contributions to the correspondence.
B. Small Lots - Art. 5 [Subdivisions] Revisions - Discussion
Mr. Zenner introduced the topic and picked up from where the Commission had left
off at its last meeting on the matter (August 7). He began by discussing the need to
address the issue of “lot frontage” and “lot access” given new small lots, especially
those in “infill” situations, may not always have either. In such situations new
small lots could be a second tier of lots that would need to be accessed and fronted
to something other than a public street. Mr. Zenner noted that currently the
regulations did authorize the option of allowing a “shared” ingress/egress to be a
substitute for public street access; however, want to make clear in these sections
that such an access would be acceptable and know if there needed to be some type
of additional limitation added to avoid unanticipated consequences by placing a
driveway/access on a property line.
Mr. Zenner further explained that while previously discussed standards already
addressed this topic with respect to single structure development on a new or
existing lot, there had not been conversation on how this matter would be
addressed when “redevelopment” of a deep lots occurred. Making sure adequate
consideration of how to ensure legally compliant “stacked” small lot could be
created was really the underlying intent of address this matter within the
referenced sections.
There was general Commission discussion on this matter. Concerns were
expressed that allowing a driveway to serve as access to multiple lots that
otherwise did not have roadway frontage could create issues for an adjacent lot
that was not seeking to redevelop with additional small lots. Commissioners felt
the provisions needed to be amended to allow a “shared” access to fulfill the
requirement of lot “frontage” and “access” in redevelopment/infill scenarios, but
also noted that in a “greenfield” situation there is no need to allow for such
modifications. The logic expressed for this variation was given the “greenfield”
subdivision would be brand new and could meet general “frontage” and “access”
standards as described in the code.
Given this conclusion, the Commissioners requested that staff prepare
amendments that would allow for a “shared” access to serve as “frontage” and
“access” to new redevelopment/infill small lots subject to the access/driveway
placement being off-set from the adjacent property line by 5-feet as is the current
UDC standard. Mr. Zenner noted he understood what the Commissioners were
looking for and would draft language accordingly.
Mr. Zenner then proceeded to discuss a matter that was not unique to the small lot
integration project, but rather to all subdivision actions. The matter had to deal
with the process/considerations associated with the approval and/or denial of
design adjustments following the criteria described in Sec. 29-5.2(b)(9) of the UDC.
He noted that this topic has previously caused confusion for certain Commissioners
and felt that addressing this matter as a part of the small lot project was timely
given it is possible that a higher number of design adjustments may be triggered.
Commissioners generally agreed that discussion and addressing the confusion
would be worthwhile.
Mr. Zenner drew the Commissioner’s attention to one specific passage within the
design adjustment criteria which appeared to some Commissioners as requiring all
criteria listed in the section be met prior to recommending approval of a requested
design adjustment. Mr. Zenner provided general context on what the purpose of
the section was about and how staff approached its evaluation of design
adjustments. He noted that a design adjustment was envisioned as a means of
allowing modifications to the standards within the UDC when the alternative being