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City Attorney Comments 7-22-2020
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1340 Baldur Park Road - 08-117-23-31-0015
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LA19-0000084, SKPLAN
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City Attorney Comments 7-22-2020
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To All: <br /> <br />During the discussion of application LA19-84 the applicant presented a Sketch Plan that shows the <br />creation of two buildable lots. The applicant made the comment that each of the lots were allowable <br />because they met the 66% rule. The City Code section and State Statute that discuss the 66% rule only <br />apply to existing lots. To the extent a property owner doesn’t meet the 66% rule, they must start <br />combining lots to get as close to conforming as possible – not combining lots until they get to 66%. <br /> <br />A lot subject to subsection 78-72(c)(2) not meeting the requirements of subsection 78-72(c)(2) must be <br />combined with the one or more contiguous lots so they equal one or more conforming lots as much as <br />possible. <br /> <br /> <br />State Statute <br /> <br />(f) In a group of two or more contiguous lots of record under a common ownership, an individual lot must <br />be considered as a separate parcel of land for the purpose of sale or development, if it meets the following <br />requirements: <br />(1) the lot must be at least 66 percent of the dimensional standard for lot width and lot size for the <br />shoreland classification consistent with Minnesota Rules, chapter 6120; <br />(2) the lot must be connected to a public sewer, if available, or must be suitable for the <br />installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, <br />and local government controls; <br />(3) impervious surface coverage must not exceed 25 percent of each lot; and <br />(4) development of the lot must be consistent with an adopted comprehensive plan. <br />(g) A lot subject to paragraph (f) not meeting the requirements of paragraph (f) must be combined with <br />the one or more contiguous lots so they equal one or more conforming lots as much as possible. <br />City Code <br />• (c) A lot of record located in any shoreland district, including the Shoreland Overlay district, RS <br />Seasonal Recreational district, and any of the LR- Lakeshore Residential districts, that does not meet <br />the 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 <br />lot size and width requirements, provided that: <br />a. All setback requirements can be met; <br />b. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be <br />installed or the lot is connected to a public sewer; and <br />c. The impervious surface coverage meets all hardcover location and square footage <br />restrictions of this chapter and the total square footage of hardcover does not exceed 25 <br />percent of the entire lot area. <br />d. All other zoning district standards can be met.
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