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To: Lisa Berg, Hennepin County Attorney's Office From: Michael P. Gaffron, Senior Planning Coordinator Date: July 31, 1998 Subject: 4300 Watertown Road - James Johnson Property City Position on the Buildability Status of Lots in the Plat of Mark One. 1. The plat of Mark One was approved by the City Council of Orono in September, 1972 and filed at Hennepin County October 6, 1972. 2. The plat of Mark One consisted of 6 building lots and a road outlot. 3. The zoning of the property in 1972 was R-1C One Family Residential District, requiring a minimum lot area of 1.0 acre and a minimum lot width of 140' as measured at the rear of the required 35' front yard. Each building lot met these minimum requirements. 4. The zoning of this area of Orono was changed as of January 1, 1975 to RR-1A, Single Family Rural Residential requiring a minimum building lot size of 5.0 acres and a minimum lot width of 300' as measured at the rear of the required 100' front yard. 5. The status of existing lots of record from from 1-1-75 to 4-1-84 was governed by Orono Zoning Code Sections 31.200, 31.201, 31.202 and 31.203 (copy attached). In brief, an existing lot of record in a district requiring minimum lot size in excess of one acre could be utilized for single family purposes if the Council found that it was at least one acre in area and at least 100' in width; if it was served by sewer or meets all City septic system requirements; and meets all standards of the City ordinances. The process for having the Council reach such a conclusion was the variance process. 6. The only records in City files in reference to Johnson's legal combination of Lots 1-2-3, Block 1, Lots 1-2-3 Block 2 and Outlot A of Mark One are: 1) a legal combination request signed by Johnson and dated July 14, 1977; and 2) building permit No. 3580 dated July 25, 1977. 7. The only ways the City could have issued a permit for a residence in the location within Lot 1 Block 2 as proposed by Johnson in 1977,would have been 1)if a variance had been granted to lot area and front or side setback; or 2) if enough lots/parcels were legally combine to result in a lot meeting the 5 acre minimum area standard and yielding a house location meeting setback requirements (100' front and rear, 50 sides). 8. The City relies on the process of legal combination to permanently define parcels for zoning purposes. Parcels which have been legally combined may not be separated without going through a subdivision process. City ordinances do not allow the creation of new substandard