In addition to the applicant's request for flexibility to allow for greater lot coverage on Lots 16 <br />and 17 (in the event that more than one dwelling is built on those lots) the applicant also requests <br />additional flexibility under applicable lots standards in accordance with the following: <br />EC 9.2761 Special Standards for Table 9.2760. <br />(1) Lot Standards. <br />(c) Lot area, frontage, and width minimums may be modified with an <br />approved cluster subdivision in R-1 or Planned Unit Development <br />(PUD) in any zone. <br />(5) Exceptions to the maximum lot size shall be granted if any of the <br />following is met: <br />(a) Existing physical circumstances such as topographically <br />constrained lands, conservation easements, existing buildings, or <br />utility easements prevent the ability to further divide the lot. (d) <br />The exception will enable the protection of natural resources. <br />(d) The exception will enable the protection of natural resources. <br />Finding: The standards of Table 9.2760 limit the maximum size of new lots in the R-1 zone to <br />13,500 square feet. The applicant requests several exceptions to this standard. <br />Lots 4, 20, 22 and 23 are existing lots that are developed with existing buildings and other <br />physical features associated with those buildings such as driveways and garden spaces. The <br />applicant asserts that the existing development on these lots preclude reducing them below the <br />maximum 13,500 square feet. With regard to Lots 4, 20, and 23, the hearings official agrees with <br />the Planning Staff's analysis that the proposed lot boundaries appear logical in order to preserve <br />the existing developed structures and other improvements, while allowing for the proposed new <br />lots and future development. Further division of these lots would disrupt the existing <br />development. <br />Lot 22 is proposed to include 17,994 square feet. That lot contains an existing vineyard and fruit <br />tree orchard as well as several existing large trees, which the developer wishes to retain in its <br />entirety with the existing house on Lot 23. However, if the applicant were to sell one or both of <br />Lots 22 and 23, Lot 22 would be able to develop a larger area than is otherwise allowed for the <br />R-1 zone. Accordingly, an exception to allow a greater lot size for Lot 22 is not warranted. <br />Lots 5, and 14 through 19 exceed the maximum allowable lot size as a result of topographic <br />constraints and natural resource protection. All of these lots have individual preservation areas in <br />addition to their useable (or buildable) areas. After subtracting the preservation areas, all but two <br />lots (Lots 5 and 16) have useable areas under 13,500 square feet. The proposed preservation <br />areas on these lots effectively reduce the buildable area of each lot to within the 13,500 square <br />foot limitation for the R-1 zone. However, after subtracting the proposed preservation area, Lot 5 <br />has a useable area of 16,618 square feet and Lot 16 has a useable area of 16,168 square feet. <br />The applicant has not established a basis under EC 9.2761(5) to increase the buildable areas for <br />either Lot 5 or Lot 16 beyond the 13,500 square foot limitation allowed in the R-1 zone. In order <br />Hearings Official Decision (PDT 17-1) 62 <br />