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. - ' Municode Page 2 of 3 That if the structure is nonconforming only with respect to substandard lot area or width for the district in which it is located,the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where the lot line setback of a structure is less than 50 percent of the required setback for that zoning district,the city will require at a minimum that applicant shall make up the discrepancy by enlarging the opposite required yard depth to result in an aggregate yard depth equivalent to the combined required yard. b. Expansion of residential accessory sfructures. Lawful, nonconforming residential accessory buildings may be expanded provided: 1. That the expansion does not increase the nonconformity of the accessory building, and complies with all height, setback, and hardcover and lot coverage requirements of the district in which it is located. 2. That if the accessory structure is nonconforming only with respect to substandard lot area or width for the district in which it is located, the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where an accessory structure encroaches upon the lot line setback,the City will require at a minimum that the existing accessory structure shall be modified so that it becomes completely conforming with respect to setbacks. (4) Relocation. No nonconforming structure shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed at the time of this section adoption unless such movement shall bring the nonconformance into compliance with the requirements of the Zoning Code. (5) Prior permit. Any proposed structure which will, under this section, become nonconforming but for which a building permit has been lawfully granted not more than six months prior to the effective date of this section, may be completed in accordance with the approved plans; provided construction is started within six months of the effective date of this section, and continues to completion within two years. Such structure shall thereafter be a legally existing nonconforming structure. (Ord. No. 33 3rd series. § 1, 2-27-2006) Editor's note�Ord. No. 33 3rd series § 9; adopted Feb- 27 2006 repealed the former§ 78-71 anci enacted a ne�°��§ 78-71 as set out herein. The former§ 78-71 pertained to noncoi�forming t�ses and denvecf from Code 1984 � 10 03�5) Sec. 78-72.- Lots of record. (a� A lot of record is any lot for which a deed or registered land survey has been recorded in the office of the Register of Deeds or the Registrar of Titles for Hennepin County prior to January 1, 1975, and after approval by the council if required. (b) A lot of record existing upon January 1, 1975, in an R district, which does not meet the requirements of this chapter as to area or width may be utilized for a single-family detached dwelling purpose, provided that in the judgment of the council or administrative approval by the planning director, such use does not adversely affect public health or safety and the following requirements are met: (1) In R districts of one acre or less and with public sanitary sewer. A lot of record existing upon January 1, 1975, in any R district of the city of up to and including one acre,which lot is serviced by public sanitary sewer and which does not meet the requirements of this chapter as to area or width only, may be utilized for single-family detached dwelling purposes without council approval if the area measurements and width of that lot are within 80 percent of the requirements of this chapter. However, the lot of record shall not be more intensely developed unless combined with one or more abutting lots or portions so as to create a lot meeting the requirements of this chapter. (2) In R districts of greater than one acre and served by public sanitary sewer. A lot of record in any R district in the city in excess of one acre which does not meet the requirements of this chapter as to area or width only may be utilized for single-family detached dwelling purposes by administrative approval if the planning director finds that the following conditions are met: a. It is at least one acre in size, and the average width of the lot is at least 100 feet; b. It is served by public sanitary sewer; and c. It otherwise meets the requirements of this chapter or other applicable Code provisions. (3) In R districts not served by public sanitary sewer. A lot of record in any R district in the city not served by public sanitary sewer must meet the area and width requirements of this chapter and shall not be utilized for single-family detached dwelling purposes without council approval. Administrative approval may be granted for a lot of record not meeting the lot area and width requirements if the planning director finds that the following conditions are met: a. The lot area and lot width each meet at least 50 percent of the district standard. b. Suitable primary and alternate septic sites are identified on the property and are protected from future development by execution of a covenant. c. All other zoning ordinance requirements must be met, including but not limited to the following: 1. Setbacks. http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3a%2f%2fli... 7/26/2011