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Home My WebLink AboutOrd #095-3rd Ser/Amending code re: Lots of record SUMMARY ORDINANCE NO. 95 , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY,MINNESOTA AN ORDINANCE AMENDING CHAPTER 78 OF THE ORONO CITY CODE REGARDING LOTS OF RECORD NOTICE IS HEREBY GIVEN that, on October 8, 2012, Ordinance No. 95, Third Series, was adopted by the City Council of the City of Orono, Minnesota. NOTICE IS FURTHER GIVEN that,because of the lengthy nature of Ordinance No. 95, Third Series,the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the Council amends Chapter 78 of the Orono City Code. This ordinance amends the Orono Zoning Code Section 78- 72 by revising the criteria for use of existing lots of record in the 1/2-acre and 1-acre Residential Districts, the Shoreland Overlay District,the RS Seasonal Recreational District, and the Lakeshore Residential districts; and revises Section 78-72(c) with regards to hardcover requirements to be met by existing lots of record in order to be used for residential purposes.. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours. APPROVED for publication by the City Council of the City of Orono, Minnesota, this 8th day of October, 2012. CITY OF ORONO BY: �� 1 ��I��I(Y,a�-._ Lili McMillan, Mayor BY: �/�-�� Linda S. Vee, City Clerk Published in The Pioneer and The Laker newspapers the week of October 13, 2012. 157845v1 � � � ORDINANCE NO. 95 , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 78 OF THE ORONO CITY CODE REGARDING LOTS OF RECORD THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA ORDAINS: SECTION 1. The following language is hereby deleted and added to Section 78-72 of the Orono City Code: Sec. 78-72. - Lots of record. (a) A lot of record is any lot for which a deed or registered land survey has been recorded in the office of the Register of Deeds or the Registrar of Titles for Hennepin County prior to January 1, 1975, and after approval by the council if required. (b) A lot of record existing upon January 1, 1975, in an R district, which does not meet the requirements of this chapter as to area or width may be utilized for a single-family detached dwelling purpose,provided that in the judgment of the council or administrative approval by the planning director, such use does not adversely affect public health or safety and the following requirements are met: (1) In R districts of one acre or less and�served bv public sanitary sewer. A lot of record existing upon January 1, 1975, in any R district of the city of up to and including one acre,which lot is serviced by public sanitary sewer and which does not meet the requirements of this chapter as to area or width only, may be utilized for single-family detached dwelling purposes without council approval if all other requirements of the underlyin zg oning district are met, includin�but not limited to required yards, setbacks, lot coverage bv structures, hardcover, etc. However, the lot of record shall not be more intensely developed unless combined with one or more abutting lots or portions so as to create a lot meeting the requirements of this chapter. (2) In R districts of greater than one acre and served by public sanitary sewer. A lot of record in any R district in the city in excess of one acre which does not meet the requirements of this chapter as to area or width only Page 1 of 4 �R , may be utilized for single-family detached dwelling purposes by administrative approval if the planning director finds that the following conditions are met: a. It is at least one acre in size, and the average width of the lot is at least 100 feet; b. It is served by public sanitary sewer; and c. It otherwise meets the requirements of this chapter or other applicable Code provisions. (3) In R districts not served by public sanitary sewer. A lot of record in any R district in the city not served by public sanitary sewer must meet the area and width requirements of this chapter and shall not be utilized for single- family detached dwelling purposes without council approval. Administrative approval may be granted for a lot of record not meeting the lot area and width requirements if the Planning Director finds that the following conditions are met: a. The lot area and lot width each meet at least 50 percent of the district standard. b. Suitable primary and alternate septic sites are identified on the property and are protected from future development by execution of a covenant. c. All other zoning ordinance requirements must be met, including but not limited to the following: 1. Setbacks. 2. Hardcover. 3. Lot coverage by structures. 4. Accessory structure requirements. (c) A lot of record located in any shoreland district, including the Shoreland Overlay District, RS Seasonal Recreational District, and Lakeshore Residential districts, that does not meet the requirements of this chapter for lot size or lot width shall be subject to the following regulations: (1) A nonconforming single lot of record may be allowed as a building site without variances from lot size and width requirements,provided that: a. All setback requirements can be met; b. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and c. . The impervious surface coverage meets all hardcover location and square foota�e restrictions of this Chapter and the total square foota� of hardcover does not exceed 25%of the entire lot area. d. All other zonin�district standards can be met. Page 2 of 4 •� a (2) In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: a. The lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; b. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls; and c. ; Impervious surface covera�e must meet all hardcover location and sQuare foota�e restrictions of this Chapter and the total square foota� of hardcover must not exceed 25% of the entire lot area; and d. Development of the lot must be consistent with the comprehensive plan. (3) A lot subject to either sections 78-72(c)(1) or(2) remains subject to the hardcover restrictions of this chapter. � � , �,,,,.a,,,,�,o,. c,,,.�, .,,,,...,.,�„o��..,,, �.o,..,.ao .,,. �,�..�.,�o�„�.,, ., r� ,..� , �..,..a,.,,�,o,.; „�,.,.,,�.;�.:�oa ��,.,» ,,,.�o ooa �c ro o„�„��,o o„�;,-o�„�„ as follows: a. Where the hardcover square footage allotment as calculated based on the assipned Tier exceeds 25% of the entire lot area, hardcover shall be limited to 25% of the entire lot area. b. No portion of the impervious surface square foota�e allowed shall be placed within in 75 feet of a la.ke OHWL or tributarv bank, except for those items normally allowed in such location as regulated elsewhere in this Chapter. (4) A lot subject to section 78-72(c)(2)not meeting the requirements of section 78-72(c)(2)must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (5) Notwithstanding section 78-72(c)(2), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treahnent system consistent with the Page 3 of 4 / requirements of Minn. Stat. § 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer. (6) In all variance requests, zoning and building permit applications or conditional use requests, the property owner shall address, when determined as appropriate by the city engineer or city staff, storm water runoff management,reduction of impervious surfaces, setback increases, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. (7) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. SECTION 2. Effective date. This ordinance shall be effective upon adoption and publication according to law. ADOPTED this 8th day of October, 2012 by the Orono City Council. CITY OF ORONO �� /�-0-`�� Lili Tod McMillan, Mayor ATTEST: , �..,�, �. i.��,.� `�� Linda S. Vee, City Clerk Summary Ordinance published in The Pioneer and The Laker newspapers the week of October 13, 2012. Page 4 of 4