06-09-1986 Council Packet - Laserfiche WebLink

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A. Variance The second issue to be addressed is the applicant's need to apply for a variance given the fact that Deering Island is only 2.65 acres. Section 10.31, Subd. 6, 3(1), specifically states that the minimum dry buildable record lot area required for approval of a day -use recreation area conditional use permit without a variance is 5.0 acres. Section 11.31, Subd. T , o7F_ the Code as adopted classifies Deering Island as a conforming record lot with a dry buildable area of 6.5 acres per owner. A conforming lot is defined as a lot he ing a minimum of 5.0 acres per owner. A conforming lot under the Code may be used for any one -family permitted or conditional use in the RS District as set forth in the Code. Subdivision 6F of the same section sets forth the substandard -buildable lot inventory. A substandare-- buildable lot is determined by the Code to b,.. less than 5.0 acres per owner and is eligible to be used or two of the three oermitted uses without having to ob.iin a variance: 1) one -family seasonal recreational use and 2) a single permitted seasonal dwelling. Deering Island was not surveyed at the time the RS District definitions for a -onforming or substandard lot were adopted. Th: 'np.. Int has recently had an updated boundary surv. one which confirms that the dry buildable area of the island is 2.65 arras. Given the significant variati,.:, in the acreage (47%), it is my opinion that the Council needs to treat the island as a substandard lot under §10.31, Subd. 6F. The Coun^ills purpose in adopting the land use plan is to protect the health, safety and welfare of the community and, therefore, it is obligated to recognize the facts presented to it and is not bound by incorrect data, albeit codified at `' present time. This determination does not have an effect on the need for the applicaors to request a conditional use permit for the recreational use of the island. The "day -use" is not listed among the conditional or permitted uses that a conforming lot is assured of b,-ing granted. The on: , uses that are specifically allowed are those relaL_ng to "one -family" uses such as principal dwellings and private guest cat:.ins. The day -use recreational ar.-�a conditional use is not a 'one -family - use and, therefore, it is subject to the fill review of Council. Finally, thr c' e,,ant language in the day -use section instructs t' Council :hat: 1510