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JUN i U835 <br />5 1993 BOOK 89 PA11 <br />ANALYSIS & ALTERNATIVES: <br />Since last fall 'r planning staff have communicated with Mo. Garling <br />in writing several times (11/16/92; 4/7/93; 4/23/93; see attachment <br />#1). Staff has indicated to her that she can address her RM -6 <br />setback concerns by either applying to amend the RM -6 setbacks (via <br />an LDR amendment) or by applying to rezone her property and the <br />rest of Phase 1 from RM -6 to RS -6. <br />@Amending the RM -6 Setbacks <br />Each of the county's 5 multi -family zoning districts (RM -3. RM -4j <br />RM -6j RM -8, RM -10) has the same setbacks: 251 front and rear yards <br />and 101 side yards. Years ago,, these setbacks were established to <br />be more restrictive than the RS -6 and RT -6 front and rear yard <br />setbacks due to the fact that most RM -6 development is more intense <br />than single-family development and warrants a greater separation <br />from roadways and rear yard areas. Although both multi -family and <br />single-family units are allowed in each multi -family district, the <br />same setbacks are required for both unit types to ensure conformity <br />of setbacks along streets and in neighborhoods within the same <br />zoning district. For this reasdnf staff would not support an IMR <br />amendment to change or diversify setbacks within the RM -6 or other <br />multi -family districts. <br />eRezoning Colonial Gardens Phase I <br />Colonial Gardens Phase 1 is developed as a single-family <br />subdivision and is bounded on its north, south, and east sides by <br />RS -6 zoning (see attachment #3). Based upon these facts, planning <br />staff has indicated to mg. Garling that it would support rezoning <br />Phase 1 from RM -6 to RS -6. . Staf f also advised Ms. Garling that <br />other Phase 1 property owners, including the subdivision developer, <br />may be interested in joining -in with her to rezone the property. <br />Such a Joint application would demonstrate neighborhood solidarity <br />in favor of the rezoning and could help defray the cost of filing <br />a rezoning application by an individual. The cost of an <br />application to rezone Phase 1 is $650. <br />*Waiving the Rezoning Fee: County -Initiated Rezoning <br />Me. Garling purportedly has contacted many of the Phase 1 property <br />owners, and has indicated to staff that the property owners are in <br />favor of rezoning Phase 1 to RS -6- However, neither Ms. Garling <br />nor any other property owner has liled a rezoning application. No. <br />Garling is now requesting that the Board of County Commissioners <br />direct staff to waive the application fee and initiate a rezoning <br />of all of Phase 1 to RS -6j to make the Phase 1 zoning conform to <br />the Phase 2 1992 rezoning action. <br />Only on rare occasions has the Board of County Commissioners <br />"waived" a rezoning application fee by directing to staff to <br />initiate and process a county -initiated rezoning. Such waivers <br />require the county to absorb advertizing, certified notice, and <br />administrative costs associated with processing a rezoning <br />application. on such occasions, the Board has determined that the <br />county had an obligation to initiate a rezoning to correct a zoning <br />problem or correct a previous zoning error or oversight. The most <br />recent cases where the Board initiated a rezoning application are: <br />36 <br />M M M - <br />-1 <br />