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To:Mayor Callahan & Orono Councilmembers <br />Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />From: <br />Date: <br />Subject: <br />Jeanne A. Mabusth, Building & Zoning Administrator <br />Mav 11. 1993 <br />#1825 Thomas L. McCarthy. 2490 Old Beach Road - Preliminary Subdivision <br />Class III - Conditional Use - Public Hearing <br />The applicant proposes a two-lot division of the 2+ acre parcel. Mr. McCarthy provides <br />two alternative plans for development, Alternates A and B. Applicant s preterence is Alternate <br />A. The following ordinances are pertinent for this review: <br />1. Section 11.03, Definition 66. Class III Subdivision. <br />2.Section 11.03, Definition 24. Lot Area Minimum. In urban areas served by <br />sanitary sewer, each lot must contain contiguous dry buildable land equal to the <br />minimum areas as prescribed in the Zoning Chapter of the City Code or half­ <br />acre, whichever is less, (exclusive of public and private rights-of-way, vehicular <br />or pedestrian easements, surface areas below the ordmary high water mark of any <br />wetland or lake) and have legal access to the building site without encroachment <br />of a wetland or flood plain area. <br />Alternate A, preferred by applicant, requires access easements through lx)t 2 in <br />favor of Lot 1. Area of access easement would have to be excluded from dry <br />buildable area of Lot 2. There is clearly not enough area within Lot 2 to provide <br />an easement without also having the City approve area variances. The City does <br />not grant area variances with the creation of new lots. <br />3.Section 10.02, Definition 43 (B). Lot Width. For lots which abut a lake or <br />tributary at the shoreline measured in a straight line between the points at which <br />the side lot lines intersect the ordinary high water level (929.4) and at the <br />required sirucnire setback from the OHWL measured in a straight line between <br />the points of intersection of the side lot lines with the structural setback line. For <br />Lake Minnetonka, a General Development Lake, the setback is 75 . <br />Alternatives A and B show Lot 1 as meeting the required lot width standards. <br />Note there is only one lakeshore lot proposed with the two-lot subdivision. Lot <br />2 will be non-riparian to Lake Minnetonka. As lot width is measured at the <br />lakeshore and at die 75 ’ setback line. Lot 1 may be platted as a flag lot with a 20 <br />wide evrridor without requiring a lot width variance. (Lot width is measured at <br />the 35 ’ street setback for the non-lakeshore lot.)