Laserfiche WebLink
. � PC Exhibit C <br /> MEMORANDUM <br /> To: Planning Staff <br /> From: - Mike Gaffron,Asst City Administrator. <br /> Date: July 2, 2012 , <br /> Subject: Interpretation of State& City Regulations: <br /> Shoreland Nonconforming Lots of Record . � <br /> Pertinent Regulations: <br /> 1) Minnesota Statutes 462357 Subd. le.Nonconformities � <br /> 2) Minnesota Rules 6120.3300 Subp. 2a Shoreland Lot Area and Width Standards <br /> 3) Orono Zoning Code Section 78-72 Lots of Record <br /> The intent of this memo is to provide background and a template for determining whether and/or <br /> how the current State of Minnesota and City of Orono regulations apply for existing `lots of <br /> record' in the Shoreland. <br /> A. City Code <br /> The Orono Zoning Code was amended in IVlarch 2012 to incorporate the Statute language as <br /> Section 78-72(c),but also kept in place the previous City code Sections 78-72(a) & (b). Section <br /> 78-72(b) is divided into 3 parts that define when administrative approval may be granted for a <br /> nonconforming lot to be built on: , <br /> (1) R districts of 1 acre or less,with sewer(i.e. virtually all of the 1/2-ac and 1-ac zones) <br /> - allowed as buildable if it meets 80% of zone lot area and width standard <br /> -must meet all other standards (setbacks, lot coverage,hardcover, etc.) <br /> (2)R districts of greater than 1 acre,with sewer(i.e. portions of the 2-acre zones) . <br /> • - allowed as buildable if it is at least 1.0 acre and avera e width is at least 100' <br /> -must meet all other standards (setbacks, lot coverage,hardcover, etc.) <br /> (3) R districts of any size, not sewered(i.e. portions of 2-acre zones and entire 5-ac zone) <br /> -must meet 50% of zone lot area and 50% of zone lot width standard <br /> -prove suitable primary& alternate septic sites and protect via covenant , <br /> -must meet all other standards (setbacks, lot coverage,hardcover, etc.) <br /> Categories 1, 2 and 3 above apply to all single-family residential properties in the City,both <br /> Shoreland and non-Shoreland alike. Analysis of whether a particular property is buildable <br /> should always begin with the above provisions. <br /> , <br /> B. State Statutes <br /> The State Statutes enacted in 2009 were intended to allow existing nonconforming lots in the <br /> Shoreland to be buildable without needing variances from local ordinances under specified <br /> circumstances. The premises of the Statutes,while in conflict with Orono's low-density <br /> philosophy, opens up for development a potentially significant number of existing properties <br />