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To:Mayor Callahan & Orono Councilmembers <br />Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />From:Jeanne A. Mabusth, Building & Zo'ing Administrator <br />Date:May 11. 1993 <br />Subject:#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 preference is Alternate <br />A. Tilt following ordinances are pertinent for this review; <br />Section 11.03, Definition 66. Class III Subdivision. <br />Section 11.03, Definition 24. Lot Area Minimum. In urban areas served by <br />sanitar}’ sewer, each lot must contain contiguous dry buildable land equal to the <br />minimum areas as prescribed in the Zoning Chapter ot the City Code or half­ <br />acre, whichever is less, (exclusive of public and private rights-ol-way, vehicular <br />or pedestrian easements, surface areas below the ordinar>' high water mark of any <br />wetland or lake) and have legal acce:,s to the building sire without encroachment <br />of a wetland or flood plain area. <br />Alternate A, preferred by applicant, requires access easements through Lot 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 />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 structure setback from the OHWL measured in a straight line between <br />the points of intersection ot the side lot lines with the structural setback line. I or <br />L:ikc Minrictonka. a General Development Lake, the setback is 75 . <br />Alternatives A and B show Lot I 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 ^e <br />lakeshore and at the 75 ’ setback line. Lot 1 may be platted ;is a flag lot with a ^0 <br />wide corridor without requiring a lot width variance. (Lot widtli is measured at <br />the 35’ street setback for the non-lakeshore lot.) <br />ji