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1400 Baldur Park Road - 08-117-23-31-0001
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15-3773, CUP
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PC Exhibit F <br />Sec. 78-72. -Lots of record. <br />(a) A lot of record is any lot for which a deed or registered land survey has been recorded in the office of <br />the register of deeds or the registrar of titles for Hennepin County prior to January 1, 1975, and after <br />approval by the council if required. <br />(b) A lot of record located within an R (Residential) or RR (Rural Residential) district but not within the <br />Shoreland Overlay district, RS Seasonal Recreational district, or any of the LR-Lakeshore Residential <br />districts, which does not meet the requirements of this chapter as to area or width may be utilized for <br />a single-family detached dwelling purpose, provided that in the judgment of the council or <br />administrative approval by the planning director, such use does not adversely affect public health or <br />safety and the following requirements are met: <br />(1) In R districts of one acre or less and served by public sanitary sewer. A lot of record existing upon <br />January 1, 1975, in any R district of the city of up to and including one acre, which lot is serviced <br />by public sanitary sewer and which does not meet the requirements of this chapter as to area or <br />width only, may be utilized for single-family detached dwelling purposes without council approval <br />if all other requirements of the underlying zoning district are met, including but not limited to <br />required yards, setbacks, lot coverage by structures, hardcover, etc. However, the lot of record <br />shall not be more intensely developed unless combined with one or more abutting lots or portions <br />so as to create a lot meeting the requirements of this chapter. <br />(2) In R or RR districts of greater than one acre and served by public sanitary sewer. A lot of record <br />in any R or RR district in the city in excess of one acre which does not meet the requirements of <br />this chapter as to area or width only may be utilized for single-family detached dwelling purposes <br />by administrative approval if the planning director finds that the following conditions are met: <br />a. It is at least one acre in size, and the average width of the lot is at least 100 feet; <br />b. It is served by public sanitary sewer; and <br />c. It otherwise meets the requirements of this chapter or other applicable Code provisions. <br />(3) In R or RR districts not served by public sanitary sewer. A lot of record in any R or RR district <br />in the city not served by public sanitary sewer must meet the area and width requirements <br />of this chapter and shall not be utilized for single-family detached dwelling purposes without <br />council approval. Administrative approval may be granted for a lot of record not meeting the <br />lot area and width requirements if the planning director finds that the following conditions are <br />met: <br />a. The lot area and lot width each meet at least 50 percent of the district standard. <br />b. Suitable primary and alternate septic sites are identified on the property and are <br />protected from future development by execution of a covenant. <br />c. All other zoning ordinance requirements must be met, including but not limited to the <br />following: <br />1. Setbacks. <br />2. Hardcover. <br />3. Lot coverage by structures. <br />4. Accessory structure requirements. <br />(c) A lot of record located in any shoreland district, including the Shoreland Overlay district, RS Seasonal <br />Recreational district, and any of the LR-Lakeshore Residential districts, that does not meet the <br />requirements of this chapter for lot size or lot width shall be subject to the following regulations: <br />(1) A nonconforming single lot of record may be allowed as a building site without variances from lot <br />size and width requirements, provided that: <br />a. All setback requirements can be met; <br />Page 1
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