HomeMy WebLinkAbout2870 Benton Street♦��4_
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Memorandum
TO: Address file for 2868-2870 Benton Street
FROM: Scott Cutler, Senior Planner
DATE: October 14, 2021
SUBJECT: Presence of two single-family homes on the property
The property at 2868 Benton Street is zoned Residential -One C (R -1C) and consists of three
nonconforming lots of record, each 25 feet wide, for a total width of 75 feet and totaling
approximately 9,975 square feet. These lots were platted in 1890 as part of the Lakeside Resub.
The property contains two single-family homes built in approximately 1917 and 1919. The City
has recognized both homes as legal dwelling units, most recently in 2006 when Certificates of
Occupancy were provided for both structures after life safety issues were brought up to code.
The houses are also recognized by the Jefferson County Assessor as separate single-family
homes. Each home has been assigned an address that is recognized by the City, County, and
USPS.
Based on these findings, the presence of two single-family homes on this property is considered
a "legally nonconforming" condition and subject to the protections and limitations of Section
26-120 of the zoning code. The R -1C zone district only allows one single-family home per
property. If one single-family home is voluntarily demolished, it could not be replaced with an
additional primary dwelling unit. If both homes are voluntarily demolished, one new single-
family home could be built on the property after approval of a consolidation plat (to remove the
internal lot lines) and a building permit. Because the two homes are on one property, they may
not be sold separately.