HomeMy WebLinkAboutCurrent code private party abutted to right-of-way maintains, controls no permit etc..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 located within an R (Residential) or RR (Rural Residential) district but not within the Shoreland
Overlay district, RS Seasonal Recreational district, or any 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;
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 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:
(Supp. No. 19, Update 1)
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(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.
(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,
stormwater runoff management, reduction of impervious surfaces, setback increases, restoration of
wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation -
designed actions.
(Supp. No. 19, Update 1)
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(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.
(Code 1984, § 10.03(6)(A); Ord. No. 9 3rd series, § 1, 5-24-2004; Ord. No. 92 3rd series, § 1, 3-26-2012; Ord. No. 95
3rd series, § 1, 10-8-2012; Ord. No. 108 3rd series, § 1, 7-8-2013)
Sec. 78-567. Permit for private improvements within public rights -of -way.
It is unlawful for any person to alter, improve or use for private purposes in any IRS district any platted public
right-of-way, any platted public park, or any other property owned by the city without first obtaining a permit from
the council, as follows:
(1) Inland property access. Persons desiring access to property located inland and not abutting the
shoreline may apply for a permit to privately use and/or improve platted public right-of-way for such
purpose. The permit applicant shall demonstrate and the council shall find that there is no reasonable
alternative access available, and that the proposed improvements and/or type of use would not
unreasonably affect other properties abutting the right-of-way. The council may approve, deny or place
restrictions on any such permit based upon public health, safety and welfare considerations, including
without limitation the configuration of adjoining record lots, the location, width, topography, drainage
and vegetation on the right-of-way and the number of existing or future property owners who may
require access at the same location. Any land alterations or improvements approved shall be the
minimum amount necessary to provide reasonable inland access.
(2) Land alterations. Grading or physical alteration of any platted public right-of-way for any purpose,
including inland property access, is prohibited except when such work has been specifically authorized
as part of a permit issued by the council. The permit applicant shall provide a detailed land survey of
the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all
proposed work. Permit approval shall be subject to obtaining a grading permit from city staff; and land
alterations involving filling and grading shall be performed with only clean fill, and all other permits as
may be required by other agencies having jurisdiction. Public rights -of -way so improved shall be
maintained by the licensee.
(3) Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on any platted public
right-of-way for any purpose, including inland property access, is prohibited except when such dock
has been specifically authorized as part of a permit issued by the council. Not more than one seasonal
dock will be approved for access to any one property. In review and approval or denial of such permit,
the council shall consider the width and topography of the right-of-way, the number of property
owners requesting dockage at that location, the plan of the proposed dock, and conformance with city
and Lake Minnetonka Conservation District dock regulations. The council may establish reasonable
standards or requirements in approving any such dock permit.
(4) Encroachments prohibited. No private property, buildings, structures, fences, boats, vehicles, dock
parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-
way, within any platted public park, or on any other property owned by the city except as specifically
authorized by a permit issued under this section.
(5) Permit exceptions. No permit shall be required for any person to walk on or over any platted public
right-of-way or any platted public park when such use is made without altering the natural state of the
land. No permit shall be required for any person whose property abuts a platted public right-of-way or
a platted public park to control weeds or brush, seed, sod, mow or otherwise maintain the right-of-way
or park in a neat and presentable manner. Persons whose record lot established by section 78-568
consists of tax parcels divided by platted, unopened public right-of-way may incorporate and use such
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(Supp. No. 19, Update 1)
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right-of-way as part of their yard without a permit, provided no permanent structures are erected or
maintained within the right-of-way.
(6) Public use limited. Any permit issued under this section shall be deemed to open the platted public
right-of-way only to the extent necessary as established in the permit, and for the limited use of the
permittee and his invitees.
(7) Permit limitations. A permit issued under this section shall not grant or vest any property rights to use
of the public right-of-way or other public property, or in any improvements. Permits issued under this
section shall be valid for one year, shall be subject to change, alteration or revocation for cause by the
council at any time, and shall be automatically renewable on the anniversary of the date of issuance
except upon written notice from the city to the permittee at least 30 days prior to the anniversary
date.
(8) Hold harmless. As a condition of issuance of any permit, the applicant shall in writing release,
indemnify and hold harmless the city from any and all claims or causes of action arising out of the use
or alteration of the platted right-of-way by applicant or his invitees.
(9) Permit hearing and notice. The planning commission or the council shall hold a public hearing or
hearings on each application for a permit as required by section 78-48.
(Code 1984, § 10.31(5); Ord. No. 210 3rd series, § 12, 6-25-2018)
(Supp. No. 19, Update 1)
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