Date:      6/13/02

To:          Town Planning Commission Members

From:     Community Development Department Staff

RE:          Agenda Item 5: Rezoning – Thomas Fishel – 1072 Timber Run Drive

The applicant is proposing a rezoning for a portion of the lot from R-1 (Rural Residential) to R-2 (Suburban Single-Family Residential) in order for the entire lot to have a uniform zoning designation. A parcel cannot have more than one zoning designation.

In December 2001, the Town Bd. approved a CSM that combined all three lots owned by Mr. Fishel. The CSM was required since the applicant put up a pool on a separate lot and there cannot be an accessory structure (e.g. pool) without first having a principal (e.g. home) structure. In the previous agenda item #2 memo, staff briefly discussed some of the unusual circumstances with this area not having the correct outlots attached to the principal lot. The CSM in December 2001 was approved since new state legislation now allows a CSM to combine a lot within a platted subdivision with a lot outside of the approved/recorded subdivision. Since there is now just one lot, a rezoning was required in order for the entire newly created lot have the same R-2 zoning designation.

Staff Recommendation

Staff recommends approval of the Rezoning as it conforms to the Town’s adopted Comprehensive Plan.