04-13-1998 Council Packet - Laserfiche WebLink

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Request for Council Action continued page 2 of 4 April 9, 1998 Zoning File #2350 ___ This issue is somewhat complex, in that the buildability of Lots 58 through 61 is extremely limited due to the existence of a wetland in those lots. The buildability of 58-61 would be enhanced by adding Lot 57, at the expense of making the current homestead parcel even more substandard. Discussion While applicants feel that the legal combination of Lots 55-56-57 must have been "a clerical error made by some City staff person", there is no documentation or basis for such a claim, be cause there is no documentation in City or County records as to how or when the combination occurred; except that County records indicate it must have occurred prior to the mid 1960s. Whether the City had any involvement in that combination is unknown. However, the City has relied on the legal combination for issuance of permits and in relation to a 1979 variance application. All cities rely on the legal combination for defining lot sizes and determining whether lots meet zoning code standards. It is also a fact that a single legally combined tax parcel may consist of multiple deeds, as well as a combination of torrens and abstract properties. The primary issue for consideration is whether Lot 57 should be separated from Lots 55 and 56. Such a separation can only be approved in the context of Lot 57 being legally combined with adjacent properties, since Orono's subdivision code does not allow the creation of substandard lots. The impacts that this subdivision would create include: The homestead parcel would be reduced from 0.81 acre to 0.58 acre in a 1 acre zone. 2. The combination of Lots 58 through 61 (0.92 acre, of which 0.48 acres is dry) would increase to 1.15 acres (0.69 dry). 3.Access to the rear of Lots 57 through 61 could potentially be through Lot 57, avoiding direct impacts to the wetland. Buildability of Lots 58-61 vs. 57-61 Lots 58-61 if combined will contain slightly less than 1/2 acre of dry buildable and would need a lot area variance in this 1 acre zone. However, by adding Lot 57, a number of potential "credits" come into play per the Flood Plain and Wetlands ordinance. Section 10.55, Subd. 15. Specifically, since the dry land tirea to the front and rear of the property would become contiguous and would constitute at least 1/2 acre of contiguous dry land, the entire 0.46 acre of wetland could be credited for purposes of complying with the zoning code provisions, if the property ’ is considered as "seived by municipal sanitary sewer". This credit might be applicable since this property could be sewered (see below) if Council agreed to allow ing a connection, provided that applicant would grant a Conservation and Flowage Easement over the wetland and could build the driveway without encroaching the 26'