Agenda Packet Cc - regular meeting 9/12/1988

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Zoning File #990 November 13, 1985 Page 2 of 5 Per Subdivision 6, a "Lot of Record" is any lot for which a deed or registered land survey has been recorded in the office of the Registrar of Deeds or the Registrar of Titles for Hennepin County, Minnesota, prior to January 1, 1975, and after approval by the Councii if required. The applicant owns four adjacent tax parcels in the RR-lB zoning district totaling 2.90 acres. The existing house, well, and septic system are contained within the two easterly parcels totaling 1.01 acres. The two westerly parcels are 1.04 and 0.85 acres respectively. The applicant wishes to obtain building permits for each of the westerly parcels. The 1950 Zoning Code (adopted 7/10/50) established a number of zoning districts, including the "Stubbs Bay District" in which Ferrell's property was located. The "Stubbs Bay District" required minimum building lot size of one acre. This one -acre minimum was still in effect in 1958 when Ferrell requested to build a second residence on his property. It is very likely that Ferrell was told by the City at that time that in order to build another residence he would have to subdivide, because in general the Code allowed only one principal residence per building lot (see Council minutes 9/22/58). Note that 3t that time his request was referred to the Planning Commission - minutes have not been found for the Planning Commission meeting or any subsequent action. Although a platting code existed in Orono as of 1955, Ferrell apparently divided off 2 lots each of 140' width and approximately 1 acre in area, in or about 1959 without platting, and the parcels have apparently been separate for tax purposes since that time. The parcels including the road right-of-way would likely have been considered conforming or nearly conforming lots of record under them 1967 Zoning Code which designated the property as Zone R-lC, 1 acre and 140' width, Single Family Residential. That. 1967 Code stated, re- garding lots of record, as follows: 31.200. Existing Lots. A lot of record existing upon September 14, 1967 (the effective date of the Zoning Code) under single separate ownership in a "R" Residential District, which does not meet the requirements of the Zoning Code as to area or width may be utilized for a single family detached dwelling purpose provided that in the judgment of the Council such use does not adversely affect public health or safety. Single separate ownership includes joint ownership by not more than two persons. The 1967 Code did not 3iscuss common ownership properties nor did it differentiate between sewe-ed and unsewered lots of record. However, by using the term "Single Separate Ownership", it implied that otter types of )wnership would be treated differently but did not define in what way. Under this code, the applicant would likely have been allowed to build on the 1,04 acre lot without a variance b2c--ause the lot met the standards of the 1-acre zoning district. The 0.85 acre lot would likely have required Council approval, depending on whether the area in the road right-of-way was included in the lot area at that t-me.