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09-17-2012 Planning Commission Packet
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09-17-2012 Planning Commission Packet
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, <br /> Lots of Record Amendment <br /> September 12,2012 <br /> Page 3 <br /> DNR Rules Negate 80%Standard. The recent MnDNR Rules regarding nonconforming lots of <br /> record in the Shoreland have made the 80% standard functionally obsolete for most of Orono's <br /> 1/2-acre and 1-acre zoning districts within the designated Shoreland Overlay District. <br /> The 1/2-acre and 1-acre Shoreland areas in Orono are all on Lake Minnetonka and subject to the <br /> MnDNR's General Development Lake standards for single-family sewered lots: <br /> 15,000 s.f. area and 75' minimum width for riparian(lakeshore) lots <br /> 10,000 s.f. area and 75' minimum width for non-riparian(non-lakeshore) lots <br /> However,these numerical standards apply to new lots being created via subdivision; under the <br /> DNR Rules: <br /> -existin single separate lots of record do not have to meet the minimum area standard to be <br /> deemed as buildabte; and <br /> -contiguous individual commonly owned lots only have to each meet 66% of the DNR area %�-� <br /> and width standards to be deemed as individually buildable. <br /> Which Zoning Districts are A ected? With a small number of exceptions, virtually all of <br /> Orono's 1/2-acre and 1-acre zones are within the designated Shoreland overlay district and <br /> would be subject to the provisions of the statute, which override the local zoning standards. <br /> Properties not affected are the Hackberry neighborhood(R-1B, 1/2-acre minimum) along north <br /> Willow Drive, and the Chevy Chase-Northgate - Ferndale Green neighborhoods on North <br /> Ferndale Road (R-lA, 1-acre minimum). Each of these non-shoreland neighborhoods is fully <br /> developed, so the potential for development of additional homes on existing substandard lots of <br /> record is minimal or non-existent. At the same time,tear-downs and rebuilds are likely, but <br /> would simply be replacing existing homes. <br /> Also, while a small LR-1 C 1/2-acre zone area of Navarre between Northern Avenue and Togo v ' <br /> Road is technically'more than 1000' from the lake, all existing substandard lots in this area are <br /> fully developed; there are no substandard undeveloped record lots to be concerned about. <br /> E ect of the Statute Provisions The effective result is that we are now forced to allow many <br /> � existing lakeshore and non-lakeshore lots to be developed or redeveloped that are much smaller <br /> than 80% of Orono's 1/2-acre or 1-acre area standards. While this tends to fly in the face of <br /> Orono's low-density philosophy,the 25%hardcover limitation imposed by the statutes will have <br /> some tempering effect. If a property owner wants to build based on invoking the statute area <br /> and/or width provisions to avoid a variance, he is subject to the 25%hardcover limitation, <br /> regardless of whether the lot is lakeshore or non-lakeshore,regardless whether it is in Tier 1 or <br /> Tier 2 or Tier 3, and regardless whether it's a single separate lot or part of a commonly owned <br /> group. <br /> Here are some example situations illustrating how the statute affects development: <br /> Example 1: Coupled with the City's pending relaxed hardcover standards, an individua150' x <br /> " � 200' 10,000 s.£ (0.23 acre) lakeshore lot in the LR-1C 1/2-acre zone could accommodate a <br /> . house and tuckunder garage with a 1500 s.f. footprint and 1000 s.f. of driveway-decks-sidewalks, <br />
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