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EASEMENT NO. E-1213-23: A PERMANENT EASEMENT TO CREATE A NO-BUILD ZONE ON PROPERTY LOCATED AT LOT 16, BLOCK 2, PRIDE ADDITION NO. 5 (13818 NORRIS CIRCLE) IN ORDER TO OBTAIN A BUILDING PERMIT FOR THE ADJACENT PROPERTY LOCATED AT 13801 BRIDGE CREEK DRIVE.
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BACKGROUND: Daniel French owns two adjacent five acre parcels in the City of Norman located at 13801 Bridge Creek Drive and 13818 Norris Circle. A map of the subject parcels is attached to this memo. His house is located at 13801 Bridge Creek Drive, and 13818 Norris Circle is an undeveloped parcel. During the August 2012 wildfires, Mr. French’s outbuildings were destroyed. He has applied for a building permit to build a detached garage as a replacement for the outbuildings.
The two parcels are zoned A-2. 13818 Norris Circle was legally subdivided by final plat in November 1972 as a five-acre tract within the Pride No. 5 Addition. 13801 Bridge Creek Drive was legally subdivided in 1979 into a ten-acre tract within the H & L Addition #9. Prior to Mr. French’s purchase of the parcel in 2000, this ten-acre tract was further subdivided into the five-acre parcel owned by Mr. French and an adjacent five-acre parcel under different ownership.
Chapter 19, Section 19-602(A)(1), of the City of Norman Code of Ordinances states: “In the A-1, A-2 and RE zones, building permits may be obtained on all tracts of ten (10) acres or more which abut on a minimum fifty-foot private roadway easement, granted to abutting property owners, which connects to a City street without the requirement to plat if the land and roadway easement were filed of record prior to February 7, 1984.”
Prior to June 19, 1973, a developer could subdivide a parcel in rural Norman by platting it into five acre lots fronting a private road with specific conditions including a Declaration of Covenants. This is what occurred with the Pride Number 5 Addition. At that time, a developer could also subdivide a parcel into ten acre lots on...
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