HomeMy WebLinkAboutOrd #108-3rd Ser/ Amending code re: Lots of record t
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� ORDINANCE N0.108, THIRD SERIES
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CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING SECTION 78-72
OF THE ORONO CITY ZONING CODE
REGARDING LOTS OF RECORD
THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA ORDAINS:
SECTION 1. Orono City Code Chapter 78, Section 78-72, is amended by deleting and
adding the following language:
"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 l, 1975, and after approval by the council if required.
(b) A lot of record , , located within�an R (Residential�
�Rural Residential) district but not within the Shoreland Overlav district, RS
Seasanal Recreational district, or anv of the LR- Lakeshore Residential districts,
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 by 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 underlying zoning district
are met, including but not limited to required yards, setbacks, lot coverage
by 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 or RR districts of greater than one acre and served by public sanitary
sewer. A lot of record in any R or RR district in the city in excess of one
acre which does not meet the requirements of this chapter as to area or width
only 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;
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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 or RR districts not served by public sanitary sewer. A lot of record in
any R or RR 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 Shpreland Overlay
district, RS Seasonal Recreational district, and anv of the LR- Lakeshvre Residen�.al
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 footage restrictions of this chapter and the total square footage
of hardcover does not exceed 25 percent of the entire lot area.
d. All other zoning district standards can be met.
(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:
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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 coverage must meet all hardcover location and
square footage restrictions of this chapter and the total square footage
of hardcover must not exceed 25 percent of the entire lot area; and
d. Development of the lot must be consistent with the comprehensive
plan.
(3) A lot subject to either subsections 78-72(c)(1) or (2) remains subject to the
hardcover restrictions of this chapter, as follows:
a. Where the hardcover square footage allotment as calculated based on
the assigned tier exceeds 25 percent of the entire lot area, hardcover
shall be limited to 25 percent of the entire lot area.
b. No portion of the impervious surface square footage allowed shall be
placed within in 75 feet of a lake OHWL or tributary bank, except for
those items normally allowed in such location as regulated elsewhere
in this chapter.
(4) A lot subject to subsection 78-72(c)(2) not meeting the requirements of
subsection 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 subsection 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 treatment system consistent with the
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."
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SECTION 2. Effective date. This ordinance shall be effective upon adoption and
publication according to law.
ADOPTED this 8th day of July, 2013 by the Orono City Council.
CITY OF ORONO
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Lili Tod McMillan, Mayor
ATTEST:
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Rachel Dodge, City Clerk
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