10-24-1988 - Agenda Packet City Council - regular meeting

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Zonina File #1990 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 Hernepin County, Minnesota, prior to January 1, 1975, and af'.Fr approval by the Council if required. The applicant owns four adjacent tax parcels in the RR-'B zoning district totaling 2.90 acres. The existing souse, well, and s.: :: system are contained within the twu easterly parcels totaling 1.01 The two westerly parcels are 1.04 and 0.85 acres respectively. Th=.,7 hnplicant wishes to obtain building permits for each of the westerly parc*&is. The 1950 Zoning Code (adopted 7/10/50) established a number of zoning districts, including the "Stubbs Bay bistrict" in which Ferrell's proper�:y 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. FerrLil r,-quested 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 tc 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 at that time his request was referred to the Planning Commission - minutes have not been found for the Planning Commission meeting or any suLsequent 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 - itting, and the parcels have apparently been separate for tax purposes nce that time. The parcels including the road right-of-way would likely nave been considered conforming or nearly c. .(forming lots of record under the 1967 Zoning Coae which designated the property as Zone R-IC, 1 ac-e 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 u;,(-n September 14, 1967 (tae effective date of the Zoning Code) under yin .Le separate ownership in a "R" Residential District, which dues not meet the requirements of the Zoning Code as to area or width may be utilized for a sirgle family detached dwelling purpose provided that n the judgment of the Council such tree does not adve*-rely affect public health or safety. Single separate ownership includes joint ownership by not mere than two persons. The 1967 Code did not discuss common ownership properties nor did it differentiate between sewered and unsewered lots of record However, by using the term "Single Separate Ownership", it inplied that other ty,-es of ownership would be treated differently but did not define in what way. Under this code, the applicant we-ild likely have r: allowed to build on the 1 acre lot without a variance ber7au7,e the �.:t met the standards of the i toning district. The 0.85 acre iot would likely hav - required Counci pproval, d pending on whether the ._,ea;i. the road right-of-way !as included in the _ot area 6t that time.