Fiscal Note
No City appropriation required.
Title
Amending Sections 28.135 and16.23(6)(d) of the Madison General Ordinances related to Deep Residential Lots to facilitate easier development.
Body
DRAFTER’S ANALYSIS: This proposed ordinance change amends MGO Secs. 28.135 and 16.23(6)(d) to facilitate the easier development of backyard lots, otherwise known as “flag lots” because they are characterized by being the shape of a flag. The pole portion of the lot provides the street frontage and the flag portion provides the buildable area of the lot. This ordinance amendment decreases the minimum lot width for the rear lot and removes Plan Commission review of this type of lot. It also amends the subdivision requirements to make the minimum required lot depth consistent for all zoning districts.
***********************************************************************************
The Common Council of the City of Madison do hereby ordain as follows:
1. Subdivision (a) of Subsection (2) entitled “Access to Public Street” of Section 28.135 entitled “Lot Division, Creation and Access” of the Madison General Ordinances is amended as follows:
“(a) Lots located in an approved planned multi-use site or planned development district, and deep residential lots pursuant to Section 28.135(3), MGO;”
2. Subsection (3) entitled “Development of Deep Residential Lots” of Section 28.135 entitled “Lot Division, Creation and Access” of the Madison General Ordinances is amended as follows:
“(3) Development of Deep Residential Lots.
(a) Statement of Purpose. This subsection is established to allow the more intensive development of certain deep residential lots which could not otherwise be fully developed under this or any other development control ordinance. The intensive development of a deep lot is not a matter of right but instead a privilege granted to the developer by the City when the Plan Commission makes a finding that such development is in the public interest.
(b) General Regulations. The Plan Commission may allow, after a public hearing and notice as set forth in Sec. 28.183 and consideration of the standards set forth in Sec. 28.183(6), the development of a deep residential zoning lot into not more than four (4) zoning lots, shall be allowed provided that:
1. The front lot(s) shall have a width not less than that required in the district in which it is located.
2. The rear lot shall have frontage onto an improved public street for a width not less than thirty (30) ten (10) feet.
3. The strip of land of land between the improved public street and the remainder of the rear lot shall not contain any buildings or structures and said strip of land shall not be used to satisfy any area or yard requirement for the rear lot. The rear lot shall be connected to the public street by a strip of land no narrower than 10 (ten) feet.
4. All of the lots proposed shall have comply with the minimum required lot area.
5. The house numbers for all lots shall be on a sign visible from the public street.
(c) A building permit for residential construction shall be issued for any zoning lot legally created, pursuant to this section, prior to the effective date of this ordinance.
3. Paragraph 3. of Subdivision (d) entitled “Lots” of Subsection (6) entitled “Design Standards” of Section 16.23 entitled “Subdivision Regulations” of the Madison General Ordinances is amended as follows:
“3. Lot dimensions shall conform to the requirements of the Zoning Code in MGO Chapter 28. All lots shall have a minimum average depth of one hundred (100) feet except for lots in the Traditional Residential-Consistent (TR-C), Traditional Residential-Varied (TR-V), Traditional Residential-Urban (TR-U), and Traditional Residential-Planned (TR-P) zoning districts in Chapter 28, MGO, which shall have a minimum average depth of eighty (80) feet. No minimum depth shall be required for any lots in an approved Planned Multi-Use Site or Planned Development District. Where not served by a public sewer, lot dimensions and areas shall in addition conform to the requirements of the State of Wisconsin. The lot width shall normally be measured at the rear line of the required front yard setback except that for deep residential lots and for triangular or gore shaped lots, where the setback line is noted on the plat or certified survey map and is greater than the required yard, the lot width shall be measured at the indicated setback line. The average lot depth for a deep residential lot shall not include the strip of land that connects a rear lot to the public street.”