This criterion is applicable because the subject property is currently developed with one single - <br />unit dwelling, which is not considered middle housing. Once two additional units are added to <br />the subject property, the existing dwelling will have the capacity to be defined as one unit in a <br />triplex, a middle housing dwelling type. <br />The applicant does not propose the development of additional units within the scope of this <br />Middle Housing Land Division application. This proposal establishes three Middle Housing Lots, <br />one of which will contain the existing dwelling unit, with the other two lots having the capacity <br />to hold one individual unit of middle housing each. <br />Consistent with the applicable standards for the R-1 zone, the subject parent property is greater <br />than 3,500 square feet in area, has over 35 feet of lot frontage and lot width, and, when <br />eventually developed with middle housing, will not be subject to the maximum density <br />requirements that are applicable in the R-1 Low -Density Residential Zone. As such, the subject <br />parent lot is allowed a triplex, as required in subsection (b). Future development will be <br />reviewed for compliance with applicable standards when a development permit is submitted for <br />review. <br />Based on these findings, this criterion is met. <br />(2) If the property to be divided is developed with middle housing: <br />(a) The middle housing complies with EC 9.5550; or <br />(b) The certificate of occupancy for the middle housing was issued before June 30, <br />2022, and the middle housing complied with applicable land use requirements at the <br />time the certificate of occupancy was issued. <br />The subject property is currently developed with a single -unit dwelling. After the land division, <br />it will remain as one of the three dwelling units, which are defined as a triplex, a middle housing <br />dwelling type. This proposal creates three Middle Housing Lots, each of which will contain one <br />individual unit of middle housing. <br />In accordance with EC 9.5550(2)(b), the Middle Housing Development Standards do not apply <br />to existing dwellings that are not being altered as part of the middle housing development. The <br />subject property is developed with three existing units, and this proposal does not include new <br />development or alterations to the existing improvements. Therefore, this criterion is not <br />applicable. <br />The Regional Land Information Database indicates the existing dwelling was constructed in <br />1971. It is presumed that the existing development on the subject property complied with the <br />applicable code requirements for the R-1 Low -Density Residential Zone at the time it was <br />developed, including building height, lot coverage, and minimum front and interior yard <br />setbacks. As the Certificates of Occupancy were issued prior to June 30, 2022, at which time the <br />middle housing complied with applicable land use requirements, the criterion in (2)(b) above is <br />met. <br />December 2025 Findings & Decision: Action Jackson (MHT 25-35) Page 4 of 14 <br />