05-08-1989 Council Packet - Laserfiche WebLink

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30. City policy regarding the separation of unsewerd, undeveloped, substandard, contiguous lots in common owner*- ship was clearly defined by an action of the City Council in 1981, in which the separation of a developed 1.4 acre lot from the adjacent vacant 1.7 acre, 120.3 foot wide vacant lot in the LR-IA, 2-acre, 200 foot width, unsewered zone was denied. (Application #635, Council action to conceptually deny on October 26, 1981, based on a) lack of demonstrated hardship; b) no sanitary sewer available; c) insufficient area; d) insufficient width.) 31. The 1984 Zoning Code amendments included the addition of Section 10.03, Subdivision 6 (C), which prohibited the "transfer or sale of non-conforming, undeveloped lots not served by public sanitary sewer, aligned in a contiguous arrangement, undivided by a public or private road or road easement and under same or common ownership" unless specifically approved by the City Council, or unless the resulting lots satisfy the area and width requirements of the Zoning Code. No performance standards for approval of such transfers appear in the code. 32. At least 13 properties or groups of properties in a situation similar to Ferrell's with a high potential for request of similar variances have been identified within the City of Orono. 33. Since January 1, 1975, when the 2 acre RR-lB zoning district became effective, no permits have been issued for new residences on commonly owned substandard lots in the RR- lB district. Of 153 new residence permits issued in the PR- IB district from 1/1/75 to 5/1/86, 145 permits were issued for conforming lots, 7 permits were issued for substandard lots of record in single separate ownership due to the inability of applicants to combine or acquire additional land to create conforming lots, and 1 permit was issued to demolish and rebuild on a substandard single separate ownership lot where a house was already existing. The Citj of Orono has consistently denied permits for substandard lots owned in common with adjacent developed lots in the RR- lB district. 34. The City Council has always required that when two or more unsewered lots are owned in common, each lot must individually meet or exceed the requirements of the Zoning Code before any of the lots can be built upon and that two or more substandard lots owned in commmon must be combined so that the resulting combined lot meets the requirements of the Zoning Code before the lots can be built upon. Page 10 of 13