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• <br /> MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,March 20,2017 <br /> 6:30 o'clock p.m. <br /> Landgraver moved,Leskinen seconded,to recommend approval of Application No. 17-3921,City of <br /> Orono,Text Amendment: Escrow Agreements and Financial Guarantees, and retaining the <br /> language in Lines 28-30. VOTE: Ayes 5,Nays 0. <br /> 15. 17-3923 CITY OF ORONO,TEXT AMENDMENT: SUBDIVISION EXEMPTIONS, <br /> 10:12 P.M.—10:21 P.M. <br /> Barnhart noted last year the City adopted a new ordinance that related to boundary line adjustments. <br /> When someone has a common boundary line between two lots and a new lot is not being created, Staff <br /> can certify that that is exempt from the City's subdivision ordinance. The caveat is that both lots need to <br /> meet the minimum lot size requirements. Barnhart noted the Planning Commission saw an application <br /> last month where one lot was made bigger as a result of a lot line rearrangement but they required a <br /> variance since the lot was located in the two-acre zone. Barnhart noted this does not give Staff the <br /> authority to certify a lot line rearrangement where it creates a nonconforming situation nor does it give <br /> Staff the authority to move a lot line closer to an existing structure where a nonconforming situation is <br /> created. The ordinance would allow Staff to certify a modification of common lot lines on basically two <br /> nonconforming lots but that Staff cannot certify nonconforming lots. <br /> Barnhart stated the ordinance would allow certain land activities to be exempted from the City's <br /> subdivision ordinance consistent with state statute. Barnhart stated one deviation from State Statute <br /> 462.352, Subd.12,is that the City added the requirement that the two adjusted lots meet the requirements <br /> of the zoning code. In areas where the lot is already non-conforming due to size,a variance would be <br /> necessary to increase the lot area. <br /> Schoenzeit stated if both lots start out as nonconforming and one neighbor purchases a pad for a shed, <br /> they will still both be nonconforming. Schoenzeit asked whether a lot could be made more <br /> nonconforming and be certified by Staff. <br /> Thiesse noted the draft ordinance just applies to a lot line rearrangement. <br /> Barnhart stated they would not be allowed to create any new non-conformities. <br /> Schoenzeit asked if it is possible to do if both lots were under an acre and one of the property owners sold <br /> land to a neighbor but both lots still are under an acre. <br /> Gaffron stated the language would need to say something other than creating new nonconformity. <br /> Barnhart stated he listed the following four criteria that would need to be met: <br /> 1. All the resulting parcels,tracts,lots or interests will be 20 acres or larger in size and 500 feet in <br /> width for residential uses and five acres or larger in size for commercial and industrial uses,or <br /> 2. Will create cemetery lots,or <br /> 3. Is court ordered, or <br /> Page 38 of 43 <br />