HomeMy WebLinkAboutCity Attorney Comments 7-22-2020To All:
During the discussion of application LA19-84 the applicant presented a Sketch Plan that shows the
creation of two buildable lots. The applicant made the comment that each of the lots were allowable
because they met the 66% rule. The City Code section and State Statute that discuss the 66% rule only
apply to existing lots. To the extent a property owner doesn’t meet the 66% rule, they must start
combining lots to get as close to conforming as possible – not combining lots until they get to 66%.
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.
State Statute
(f) 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:
(1) 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;
(2) 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;
(3) impervious surface coverage must not exceed 25 percent of each lot; and
(4) development of the lot must be consistent with an adopted comprehensive plan.
(g) A lot subject to paragraph (f) not meeting the requirements of paragraph (f) must be combined with
the one or more contiguous lots so they equal one or more conforming lots as much as possible.
City Code
• (c) A lot of record located in any shoreland district, including the Shoreland Overlay district, RS
Seasonal Recreational district, and any of the LR- 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 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:
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.