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CONSIDERATION OF A PRELIMINARY PLAT FOR NEELY ACRES ADDITION AND WAIVER OF THE DEFERRAL FEE FOR STREET IMPROVEMENTS FOR FRANKLIN ROAD. (GENERALLY LOCATED ON THE SOUTH SIDE OF FRANKLIN ROAD APPROXIMATELY ONE-FOURTH MILE WEST OF 48TH AVENUE N.E.)
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BACKGROUND: This item is a preliminary plat for Neely Acres Addition and is generally located on the south side of East Franklin Road and approximately one-quarter of a mile west of 48th Avenue N.E. There is an existing residential structure on the property. The owners intend to keep their parcel intact, demolish the existing house, and construct a new single-family structure. However, a building permit for this demolition and construction activity could not be issued because the property had not been previously platted. The owners have brought forward this item through the platting process in order to be eligible for a building permit.
Planning Commission, at its meeting of July 9, 2015, recommended to City Council that this property be placed in A-1, General Agricultural District and removed from A-2, Rural Agricultural District. At its same meeting, Planning Commission recommended approval of the preliminary plat for Neely Acres Addition. The preliminary plat process is being used rather than the certificate of survey process because the lot is less than 10 acres in size. The property was less than five (5) acres in size prior to June 29, 1973. Prior to June 29, 1973, the subdivision regulations did not discuss the required size of rural agricultural property. With the adoption of the subdivision regulations in 1973, the minimum acreage requirements for properties adjacent to a section line road was five (5) acres. A "grandfather" clause was included in the 1973 subdivision regulations relative to parcel size. However, after June 29, 1973, the property was subdivided by previous owners and reduced to its current size of 3.29 acres. That transfer of property occurred in 1975. No plattin...
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