08-21-2017 Planning Commission Packet

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w FILE#17-3963 21 Aug 2017 Page 2 of 5 location of Lot 1,the Tier 3 (35%) hardcover limitations will likely apply. Applicable Regulations: Lot Area Variance(Section 78-330) The applicant is requesting a variance from the minimum lot area standards in order to create an additional buildable lot.The LR-1B one family lakeshore residential zoning district requires one contiguous dry/upland acre for each buildable lot created.This development would create one conforming 1.0 acre lot,and one 0.67 acre lot. Comprehensive Plan Land Use Guiding The property is within the LR-1B one family lakeshore residential district which requires a minimum size of one acre and 140 feet in width per lot.There are lots in this district which are substandard in size although many meet or exceed the 1.0 acre requirement.According to the Comprehensive Plan (CMP) Map 36-B, attached as Exhibit E,the Low-Medium Density category includes virtually all single- family properties in the 1/2-acre and 1-acre zones (LR-1C and LR-1B).The "Low-Medium Density" category was incorporated into the CMP for two reasons: 1)to reflect that a majority of the Low- Medium Density area was historically subdivided into smaller lots than the zoning minimums, in a majority of cases many decades before the current zoning came into effect in 1975; and 2)to satisfy the Met Council's demand that Orono establish density categories rather than merely zoning districts (but then they only credit us with the lowest density in the range when determining whether we meet their density goals). The CMP provides guidance to the city in adopting ordinances and policies to achieve the goals and vision of the City. Based on the guidance of the CMP,the city adopted zoning regulations establishing minimum lot sizes, including for the subject parcel. The "Low-Medium Density"category was not intended to suggest that City would change the zoning to allow creation of new lots that are substandard based on their respective existing zoning. Only twice since 1975 has the City allowed the creation of new lots with substandard lot area; both in the 2-acre zones and both for what can only be considered political reasons-elimination of the Stubbs Bay Marina in 1980 which allowed creation of three small lakeshore lots as a concession to the marina owner; and creation of one 1- acre lot at the east end of Fox Street (1985-ish) in relation to expediting the Minnetonka Bluffs sewer project. In every other instance where we have developed lots smaller than the zoning,they have either been via a rezoning or via the PRD process. Via PRD we have always required that the underlying density still be met overall by the creation of open space outlots. Conservation Design (Section 78-1632) According to the Code,the Conservation Design Master Planning requirements apply to all proposed residential subdivisions or multi-unit residential developments greater than five acres in total area or guided for urban density(greater than one unit per two acres). The property meets the urban density guidance trigger,therefore a conservation design plan is required. The applicant has requested a waiver of this requirement (see Exhibit F). Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under