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03-16-1998 Planning Packet
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03-16-1998 Planning Packet
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#2350 - 4196 North Shore Drive <br />March 12, 1998 <br />Page 2 <br />that legally 'uncombining' Lot 57 from Lots 55-56 would require City subdivision approval. Staff <br />further advised that this division would not be supported by staff because it would reduce the <br />homestead parcel to less than 0.80 acres, which is the zoning code minimum for construction on <br />existing lots of record in the 1 acre zone; and because it would potentially result in making an <br />unbuildable lot buildable at the expense of an existing already substandard lot. <br />Issues for Consideration <br />1. The subdivision code generally docs not allow the creation of tracts or parcels that will be <br />substandard in size. When completing a lot line rearrangement such as this, the code does <br />require that the remnant parcels must be combined w ith adjacent lots If Lot 57 is allowed <br />to be separated from 55-56, it will have to be legally combined with Lots 58 thru 61. <br />Applicants appear to have no problem with this. <br />2. Under the current proposal, the house at 4196 will remain on a tax parcel that is reduced <br />from 0.81 acre down to 0.58 acres in a 1 acre zone. The 5 remaining lots (57 thru 61) would <br />then be combined to create a lot containg 1.16 acre of which 0.46 acre is a wetland <br />dominating the center of the lot. This becomes a 0.7 acre vacant lot w ith questionable <br />flinctonal buildabilily due to the location of the wetland, which impacts the house location <br />as well as access to North Shore Drive. <br />3. Would a combination of Lots 58-59-60-61 be granted variances for buildability without <br />adding Lot 57? Variances likely required would include 1) wetland setback, 2) filling of <br />w etland for driveway, 3) rear setback, and 4) lot area variance, since the dry area of the 4 <br />lots is likely less than 0.5 acre and encroachment of the wetland eliminates credit for the <br />wetland in a sew'ered area (see 10.55 Subd. 15 A 3). <br />4. If such variances would not be granted, would adding Lot 57 to 58-59-60-61 suddenly make <br />them more buildable, eliminating the need to fill wetland for driveway? Would this be in <br />essence making an already substandard lot even more substandaid in order to make <br />an adjacent substandard lot buildable? <br />5. The 'common ownership' standards dictate that the City must consider Lots 58-59-60-61 on <br />their ow n merits as a buildable group if a building permit/variance is requested (not part <br />of the current application). The common ownership standards do noi suggest that the City <br />must approve a lot line rearrangement to make them mo» buildable. <br />Regarding Buildability of Lots 58-59-60-61 <br />Any discussion of the proposed lot line rearrangement must to some extent consider the buildability <br />of the remnant parcels:
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