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HomeMy WebLinkAbout1993-05-28 Letter, New Home Setback, I k F -!LE Cm" V.0% - CITY of ORONO rea o1em �t ee a....16reaa 5.323-00" 9kzslio_ May 28. 1993 Ms. Colleen_ Shaughnessy �� $Q get►-'/ : / D E /� pA Re: Ski-tonka Property - Definition of Rear Lot Line Dear Nis. Shaughnessy: Per your request, Jeanne and 1 have reviewed the setback considerations for construction of a residence on Outlot C. Painter's Creek. To summarize, we have concluded that a 50' setback from the nartheasterly line, as you propose, is acceptable. Following is the reasoning behind our interpretation. The definition of rear lot line reads: "That boundary of a lot which is opposite the front lot lire if the rear lot line is less than 10' in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10' in length within the lot, parallel to, and at the maximum distance from the front lot line." Since this definition uses the term front lot line, the definition of front lot line is: "That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed in the office of the Building Inspector." It can be argued that this is a corner lot, which is defined as "A lot situated at the junction, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. Given the complex shape of the outlot, one can probably make a reasonable argument for either the west line or the south lines being the front lot line. If the west line is considered front line, then the most easterly boundary of the property (labeled "east line" on the enclosed drawing) would be the rear lot line, because it is both opposite the front lot line and parallel to it. This would leave the northeasterly lot line as a side lot line requiring a 50' setback. Alternatively, if the south line is considered the front lot line, by strict definition the lot line abutting the Luce iEt.EP )Nt'.. - 473.7357 • fAX • 4734510 Ms. Colleen Shaughnessy May 28, 1993 Page 2 Line Trail (labeled "north lot line") would be considered as the rear lot line, and the 100' setback from that lot line would be a line parallel to the Luce Line and 100' south of the Luce Line. One could also argue that based on the south line being the front line, this property comes to a point at the point labeled "X" on the sketch. The rear line by definition would then be an east - west line 10' long, and the rear setback would be an east -west line 100' south of the rear lot line. Again, the northeast line would be considered a side lot line and a 50' setback would be in order. In conclusion, while an initial reaction would be that the northeast line is clearly a rear lot line, a review of the definitions leads us to conclude that it is a side lot line. Further, since no construction will ever occur on the outlot to the northeast of Outlot C. there would be no impact on adjacent structures under this interpretation. In conclusion, we will allow construction of a residence 50' from the northeast lot line rather than the 100' setback I had indicated previously. I have enclosed a copy of the resolution approving the plat of Painter's Creek. At the bottom of page 1 it indicates that Outlot C is intended for future development, and that all future development of the outlot will be subject to all requirements of the then current zoning and Community Management Plan of the City. The definition of an outlot is "a lot which is intended only for public or private roadways. open space or other use, which use must be restricted by the appropriate easement and which use must be approved by the City at the time of final plat approval. The use of the outlot will thereafter be restricted by the appropriate restrictive covenant or open space easement." As of this writing, I am still researching whether any formal action is required for changing the status from an outlot to a lot before a permit can be issued. If we conclude that no further action is necessary, then the normal building permit procedures would apply. If the outlot must be changed to lot status, I will advise you as to the procedure. Please contact me at 473-7357 if you have any questions. Sincerely, Michael P. G iron Asst. Planning & Zoning Administrator MPG/ch Enc. cc: Jeanne A. Mabusth, Bldg. & Zoning Adm. File S 10.02 dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed in the office of the Building Inspector. 40. "Lot Line -Rear" - That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line. 41. "Lot Line -Side" - Any boundary of a lot which is not a front lot line or a rear lot line. 42. "Lot -Through" - A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying the Zoning Chapter. 43. "Lot Width" - The horizontal distance between side lot lines measured at the following locations: a. For lots which do not abut a lake or tributary, at the rear of the required front yard, measured parallel to the front lot line. b. For lots which abut a lake or tributary, at the shoreline measured in a straight line between the points ut which the side lot lines intersect the OHWL, and at the required structure setback from the OHWL, measured in a straight line between the points of intersection of the side lot lines with the structure setback line. Source: Ordinance 101, 2nd Series Adopted Date: 2-24-92 44. "Mobile Home" - Any type of structure or vehicle which can be readily adapted to or does provide facilities for a person or persons to eat or sleep which is mounted on wheels, has provisions for wheels, or may be loaded on an ordinary flatbed truck, such as a house trailer, converted bus or truck, tent or small building. 45. "Motor Court, Motor Hotel, or Motel" - A building or group of buildings other than a hotel used primarily as a temporary residence. 46. "Motor Freight Terminal" - A building or area in which freight brought by motor truck or railroad is transferred and/or stored for movement in intra -state shipment by motor truck. Source: Municipal Code Effective Date: 9-14-67 ORONO CC 246 (4-1-84)