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Council upholds appeal, directs PUD for Zaharia Drive to allow builder to continue work
Summary
The council upheld an appeal from Lickty Homes over setbacks at 5309 Zaharia Drive and directed staff to implement a planned unit development (PUD) overlay for the subdivision; council said the builder may proceed with foundation work while the PUD moves through the entitlement process.
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The council considered an appeal by Lickty Homes about development constraints at 5309 Zaharia Drive. Tom Erie, representing Lickty Homes, said the company has held the lots for years and sought clarity to finish permitted work. Council heard from planning staff, who recommended a PUD overlay as the most suitable remedy to reconcile mobile-home-type lots and current R-1 setback rules.
Council voted to uphold the appeal and direct staff to work with the applicant on a PUD that would establish tailored setbacks and entitlements for the subdivision. Staff estimated the PUD process — planning commission plus two readings — could take until November; staff said the developer could pour foundations and do preparatory work that does not require a full building permit while entitlements proceed. Council emphasized the need to resolve legal and consistency questions but concluded the PUD approach would allow build-out of several shallow lots without creating citywide setbacks changes.

