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HomeMy WebLinkAboutzoning history To: Jeanne Mabusth, Building & Zoning Administrator From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: June 24, 1992 Subject: Zoning History, 1305 Elmwood (P.I.D. 07-117-23 41 0030) Initial Zoning This property was not zoned prior to 1950. On November 20, 1950, the Town of Orono Board of Supervisors adopted a zoning ordinance which placed this property in a residential zone within the "Forest Lake District". The residential district standards included the following in relation to buildability standards: "4. No building or other structure shall be erected upon any land within the above residential district except where the land upon which the building or other structure is to be erected constitutes a "building lot" �s hereinafter defined. A building lot is hereb�r defined to be land owned under one ownership which has at least a seventy-five (75) feet frontage and contains at least fifteen thousand (15, 000 ) square feet in area, provided, however, that where, at the time that the resolution and ordinance shall take effect, the land has been platted into lots, and a plat filed of record with the office of the Register of Deec�s , or Registrar of Titles of Hennepin County, Minnesota, and where the area of such platted lots is less than seventy-five (75) feet frontage and contains less than fifteen thousand (15,000) square feet in area, each such lot shall constitute one "building lot" and, provided further, that where, at the time this resolution and ordinance shall take effect, the area of any unplatted separate piece of property owned under one ownership is less than seventy-five (75) feet frontage and contains less than 15,000 squarp feet in area, each such separatE piece of property shall constitute one "building lot". Only one family dwellings may be erected, buildings customarily used in conjunction with family dwellings and considered a part of such family dwel lings may be erected on any one "bui lding lot"." The minimum building lot size adopted November 20 , 1950 was 75' width, 15, 000 s. f. area, but any existing unplatted parcel smaller than this was considered one building lot. Early Platting Ordinances Ordinance No. 7, adopted by the Village of Orono Council in September 1955, created the platting code which established that all lots to be created shall have a minimum area of 15,000 s.f. and a minimum width of 100 ' at the building line, 30 ' at the street line. � ' +'� E�g� ' ��� Zoning History, 1305 Elmwood June 24, 1992 Page 2 Ordinance No. 15, adopted February 1958, amended the platting code by establishing that except in areas where existing lot sizes are clearly smaller, no new subdivisions shall contain lots less than 25, 000 s.f. in area nor less than 120 ' in width at the building line. Minimum Building Lot Size Increased Ordinance No. 22, adopted in October 1959, established a minimum building lot size of 1 acre and minimum 140' width at the building line. This ordinance also allowed the Council to grant variances for substandard lots in single, separate ownership. 196? Zoning Ordinance The next zoning ordinance which affected the subject property was adoption of a new system of zoning districts on September 14 , 1967. Subject property became located within the R-1C single family residential zoning district, requiring building lot standards of 1 acre in area, 140' lot width, front yard setback 35' , rear yard setback 30' , side yard setback adjacent to street 20' , and side-yard setback-adjacent-to-another-lot, 10'. 1974 Rezoning On December 19, 1974 new zoning district classifications were again adopted. Subject property became part of the LR-1B single family lakeshore residential zoning district, requiring 1 acre in area, 140' lot width, 35' front yard setback, 30' rear yard setback, 35' side yard adjacent to street setback, and 10' side-yard-adjacent to-another-lot setback. These lot area, width, and setback standards are currently in effect. Other Zoning Ordinances Which Affect Buildability of Subject Property The first establishment of setbacks for primary and accessory structures occurred via Ordinance No. 45 in August 1962. That ordinance required that each structure to be used as a dwelling be set back from the street property line a distance of 30', and 10' from the side property lines. This ordinance also required that any accessory structures be at least 10' from any property line. It further required that new dwellings be located generally in line with other such structures on adjacent lots. It also required that no garage be located closer than 30' to the street property line or closer to 10 ' from any other property line. The 1974 zoning ordinance referenced above adopted hardcover regulations which limit hardcover in areas between 75 and 250' from the lake to 25�, and limits nardcover in areas 250-500' from the lake to 30$ . ��, � : ��', i ' �� � � � � � � �s��� ��� � Zoning History, 1305 Elmwood June 24, 1992 Page 3 Ordinance No. 80, Second Series, which was adopted in February 1990, limited "lot coverage by structures" on properties less than 2 acres in total area. The total combined footprint areas of principal and accessory structures shall not exceed 15$ of the total lot area. Structures to be included in calculation of lot coverage include roofed structures which extend more than 6' above grade level, tennis courts, patios, decks, and all similar open structures when partially or fully enclosed by fences, railings or walls which extend more than 6' above grade level, pools, including pool basin and associated deck or patio areas. There was an exception to the lot coverage ordinance, namely that regardless of lot area, every developed lot shall be allowed at least 1500 s.f. of lot coverage by principal residence and garage structures. The intent of this exception was to allow reasonable use of an existing developed residential lot. However, this exception was not intended to override other code requirements such as setbacks and hardcover. Summary The table below summarizes zoning standards that have affected subject property through the years. Setbacks Side Time Period Zone Lot Area Lot Width Front Renr Side Street Other ----------- ---- --------- --------- ----- ---- ---- ------ ----- - 11J50 Forest Lake -- -- -- -- -- -- -- District " 11/50 - 9/55 Forest Lake 15,000 s.f.* 75'* -- -- -- -- -- District 9/55 - 2/58 Forest Lake 15,000 s.f. 100'/30'** -- -- -- -- -- District 2/58 - 10/59 Forest Lake 25,000 s.f. 120'** -- -- -- -- -- District 10/59 - 8/62 Forest Lake 1 acre 140' -- -- -- -- -- District 8/62 - 9/67 Forest Lake 1 acze 140' 30' 10' 10' 10' -- District 9/67 - 12/74 R-1C I acre 140' 35' 30' 10' 20' -- District 1/75 - Present LR-1B 1 acre 140' 35' 30' 10' 35' Hardcover Limits Zn Effect 1990 - Lot coverage Iimited to I5$ bp structures (1,500 s.f, allowed for develoned lots) * Existing nnplatted substandard lots considered buildable ** Platting Code requirement for neW building lots