07-14-2009 Council Work Session Packet

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Duplex Provisions July 13, 2009 Page 2 In the prior code, all zoning districts with the duplex provision referenced back to the R- lA district conditional use standards (via the language "Any conditional use as regulated in the R-lA District") rather than listing each one of the allowed uses in each district's text; so that the R-lA provisions became the default provisions. During the recodification, the reference to R-lA was dropped in each section in favor of listing all conditional uses in each district, so the R-lA standards no longer were the default. As a result, Section 78-1277 should have included references to each of the individual district conditional use duplex provision sections rather than just 78-228(10). How We Discovered this Problem The situation that brought this code problem to light is a pair of small lots currently being marketed in the Navarre area for duplex use. We saw the listing and wanted to confirm that the lots could in fact be used for a duplex. The lots are in the LR-1C District and in the Shoreland. They meet the location provisions of the LR-1C District to qualify for a duplex credit, but not the area requirement. The minimum lot size in LR-1C is '/� acre or 21,780 s.f. Sec. 78-72(B)(1) requires prior Council approval to use these properties for building if they are less than 80% of the '/z acre requirement. The two lots total 14,774 s.f. or only 68% of'/2 acre; they would require Council approval (a lot area variance) to build on them either individually or as a combined lot, for a single family home or a duplex. Next, we attempted to apply the current Shoreland code section 78-1277 regarding duplex lot sizes. Because the lots aren't in the R-lA district to which the current problematic wording of 78-1277 applies, the provisions of 78-1277 can't be applied. This makes our Shoreland ordinance technically inconsistent with MnDNR Rules, although in most cases we are likely to run across, the City regulations would be more restrictive than those of the DNR. It's an Easy Fix The fix would appear as follows: Sec. 78-1277. Minimum lot area/lot width standards. Minimum lot area and lot width standards of the underlying zoning district shall apply, with the following exceptions: (1) No lot within 1,000 feet of a general development lake and approved for duplex use per section 78-228(10), 78-253(10 , 7�10), 78-328(9), 78- 348(10), or 78-367(10) shall be less than 135 feet in width nor less than 26,000 square feet in area, if riparian, nor less than 17,500 square feet in area, if nonriparian, but such lot shall also meet the minimum lot area and width �� requirements of the res�ective underl�ng zonin� district.