01-19-2021 Planning Commission Packet

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Orono City Chair Ressler Orono City Planning Commission Members January 19, 2021 Page 7 The current ALS lines are ignored to allow lot 5 to be platted as an impermissible, unbuildable lot, and after lot 5 is platted, the ALS line is readjusted to allow the lot to be buildable. The Staff Report further admits that the home locations may be different (than shown)depending on the timing of construction on the lots. The building areas of some of these lots are confined by wetlands and bluff areas and required setbacks. This high density subdivision sets up potential future variance issues, since there is limited space within each lot to relocate the illustrated building site. The Planning Commission should deny approval of the proposed preliminary plat because the configuration of the six-lot subdivision violates the current northerly ALS and would create at least one unbuildable lot. IV. Lake Lots, Lot Width, and Density. Proposed lots 1, 2 and 3 are non-lake shore lots as initially proposed. Because lots 1-3 do not abut Lake Minnetonka, their lot width is measured by the width of the lots' front yards (which touch the proposed private road). (See Sec. 78-1 definition of lot width). Because lot width is measured differently for lake shore lots, lot 3 does not meet the City of Orono lot width requirements, but might be able to do so if subsequently combined with an outlot on the south side of Shoreline Drive so as to abut Lake Minnetonka and thus become a lake shore lot. But, as explained by Mr. Barnhart, under Hennepin County rules, lots 1-3 cannot be combined with outlots A—C until after platting. (See Sept. 14, 2020 City Council Meeting recording at 31:30 mark). But the proposed subdivision plan cannot be approved without a variance, because it fails to comply with the currently established ALS, and the current width of lot 3 is non-compliant with City ordinance. Under City Ordinance Section 82-6, the City has the authority to review, approve, and disapprove subdivisions of land. Under Section 82-7, the "provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare and prevention of harm to the public health, safety and general welfare." Thus, under the City's ordinance, no subdivision should be approved unless it complies with existing ordinances — the minimum requirements for the promotion of the public health, safety and general welfare. For reasons stated above, the proposed subdivision does not meet the minimum standards. And even if a variance allows the Jacobs Trust to establish lots 3 and 5 with their proposed,too-narrow dimension or ALS non-compliance, as discussed below, the Jacobs Trust does not meet the "practical difficulties"test for being granted a variance. V. Road, Cul-de-sac. City Ordinance Section 82-283(6) states that cul-de-sacs are to be discouraged. Section 82- 281(d)(2) sets a maximum length of cul-de-sac roads at 1,000 feet. These ordinances exist for the health, safety, and welfare of the residents of Orono. For example, fire trucks and ambulances need adequate access and turnarounds to serve Orono homes and residents. 7 6733724v1