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HomeMy WebLinkAboutrequest for council action re lot combination REQUEST FOR COUNCIL ACTION Date: November 20, 1998 % �� Item No.: Department Approval: Administrator Approval: Agenda Section: � Zoning a„-�_, I�ame: Michael P. Gaffron ,�j�� Title: Senior Planning Coordinator Item Description: Plat of Blue Hill -Request to Amend Conditions of Special Lot Combination Agreement List of Exhibits A - Andrew Goetten Letter November 17, 1998 (Rcvd 11/20) B - Andrew Goetten Letter March 18, 1998 C - Staff Response Letter April 8, 1998 D - Special Lot Combination Agreement E - Code Section 10.61, Subd. SA F - Plat Drawing G - Approved Co. Rd. 15 Construction Plan The property owner has requested that the City amend the Special Lot Combination Agreement to allow temporary or occasional parking on Outlot A of Blue Hill. The primary purpose of the Agreement was to document the relationship between Lot 1 and Outlot A, which were physically separated from each other by County Road 15 and therefore could not be legally combined for tax purposes. However, the County did, in fact, legally combine the two parcels into one tax parcel in April 1996, which effectively eliminates the primary issue addressed by the agreement; i.e. that the two parcels must remain under one owner. Existing Agreement Conditions The agreement also contains some conditions for development of the property, including: - Lot 1 is considered the primary parcel for principal uses of the property - Outlot A is "accessory" to Lot 1 and can be used for a permitted accessory use if: 1. Lots 1 and 2 and Outlot A are held in common, with just one single residence on the entire group of 3 parcels; ar 2. Lot 1 and Outlot A are held separately from Lot 2 and a house exists on Lot 1. - Development of Outlot A is restricted to one seasonal dock per LMCD regulations, one lock box per City code, and a lakeshore stairway/boat lift/boat landing per City code. - Outlot A shall not serve as an accessory parking area. - Outlot A is created for the exclusive use of the owners of Lot 1. Blue Hill Special Lot Combination November 20, 1998 Page 2 Item 8 on page 3 notes that the "terms and conditions of this indenture may be modified, amended or extinguished...". The applicant is requesting a minor modification of the Agreement to allow far temporary vehicle parking on Outlot A. Why Limit Parking? Earlier this year I reviewed the staff inemos and Council meeting minutes pertinent to the Agreement. I found no documented specific discussion to clarify the reasoning behind including the condition that 'Outlot A shall not serve as an accessory parking area'. Similar conditions have been established for similar special lot combinations in Orono, where a small lakeshore parcel is separated by a road from the residence parcel to which it is accessory. In one case on Bayside Road, where such a lakeshore parcel was visually very 'open' with perhaps only 20-30' of land between the road and the lakeshore, it was clearly intended and stated that no temporary or permanent vehicular parking would be allowed. Two obvious justifications for such a requirement were that a) parking within 75' of the lake would not be in keeping with the hardcover ordinances; and b) any vehicles parked on the parcel would be a visual detriment to views of the lake from the road. A third justification for such a condition is that property security cannot be as easily maintained by the resident when the residence is separated from the outlot by not only a roadway but by a significant distance. The first two justifications noted above may be less applicable in the case of Blue Hill Outlot A given that a significant portion of the Outlot is further than 75' from the lake, and given that a vehicle might potentially be screened from view of the general public by existing vegetation and topography. However, the third justification is very applicable given the distance between the residence parcel and the Outlot, and the nature of the busy roadway separating them. Zoning Code Parking Standards The zoning code provides some direction regarding standards for parking areas that may be pertinent to this discussion. Section 10.61 Subd. SA indicates that "vehicles normally owned or kept by the occupants on the premises must have a garage stall or open parking space on the same lot as the principal use served"; since Outlot A and Lot 1 have been legally combined into a single tax parcel, an argument can be made that parking on Outlot A would not be in conflict with this section. Subd. SA also states that "open parking spaces on lots must have a location other than a required yard except that such parking may be located in a rear yard to within ten feet of an interior side lot line and to within ten feet of a rear lot line". Since a lakeshore lot has by definition a lakeshore yard and a rear yard, one can infer that open parking on a lakeshore lot would normally have to occur at least 10' back from the street lot line. Blue Hill Special Lot Combination November 20, 1998 Page 3 The Agreement does not specifically address whether storage of boats andlor trailers is allowed, but I would consider a boat on a trailer or on blocks to be the equivalent of a vehicle for purposes of the Agreement, with the understanding that the "Exterior Storage" requirements of Section 10.60 Subd. 13 would apply, and would require housing or full screening of any boat stored on the site. Basis for Allowing Temporary Parking Many other properties along County Road 15 have similar lake access situations. There are at least 28 individual properties between Blue Hill and the Arcola Bridge which have a dock located across County Road 15 from the residence, as well as the Fo�chill joint dock system. Similarly situated properties exist along North Shore Drive west of the marinas, and along the north side of Stubbs Bay. None of these properties have parking on the lake side of the road; but Blue Hill is the only one that has land area outside the 0-75' zone. Given the heavy traffic associated with County Road 15 at the Orono Orchard Road curve, it is desirable to minimize pedestrian traffic crossing County Road 15 at this point. Coupled with the 500' distance separating Lot 1 from the actual shoreline, it may be reasonable for the City to allow'temporary' parking of a vehicle on Outlot A under certain circumstances; for instance, while the property owner is actively using or maintaining the parcel, i.e. out on the boat, mowing, using the dock, etc. subject to some easily complied with conditions: 1. Establishment of a minimal parking area for no more than one or two vehicles, that meets the 75' lake/10' street/10'side setback requirements, meets hardcover limitations, and is adequately screened from the roadway and the neighboring properties so as not to be obtrusive. 2. Given the topography, some grading work might be required in order to establish a parking area that would meet required setbacks. This parking area would be accessed from the driveway apron entering onto Orono Lane as shown on the approved plans for County Road 15 (See Exhibit F). This is clearly a location we would not want to have a driveway for anything more than very occasional usage. 3. Placement of a chain barrier across the parking area would be appropriate to deter unwanted visitors. 4. Vehicle parking to be limited to short term, i.e. perhaps not more than 2 consecutive days/nights and definitely not for extended periods. The goal would be that this not be a location where boats or vehicles are stored seasonally, due primarily to the security issues noted above. Blue Hill Special Lot Combination November 20, 1998 Page 4 Staff Recommendation Revise Item 4b of the Blue Hill Special Lot Combination Agreement to read as follows: "b. Parcel B may be used as an accessory parking area under the following conditions: 1) A parking area meeting all required setbacks (75' from shoreline, 10' side lot line, 10' street lot line)and meeting hardcover limitations may be established within Parcel B. 2) Such parking area shall be adequately screened by natural vegetation or a fence so as to not be obtrusive to the neighboring properties. 3) Grading work to create such a parking area within Parcel B shall be subject ,� to the appropriate land alteration permit. p�- �4�.1 A chain barrier shall be maintained across the entrance to the parking area. 5) Vehicle parking shall be limited to no more than 2 vehicles, and such parking shall be for periods of no mare than 48 hours. Extended parking or seasonal boat storage within Parcel B shall not be allowed. Applicant's Letter of Request In the letter I received from Mr. Goetten today, he requests the ability to establish a parking area for as many as 6 vehicles at the site, to be used when the lakeshore is in use, agrees to no parking of trailers during the season, and notes some concerns regarding the screening and security chain requirements. He also expresses concern regarding trees in the right-of-way of Orono Lane which may have to beremoved in order to establish a suitable driveway entrance. Staff has not had an opportunity to review this on site. COUNCIL ACTION REQUESTED Approve the amendment of the Blue Hill Special Lot Combination per the staff recommendation. Mr. Goetten is expected to be at the meeting to discuss his request. � �— November 17, 1998 Mr. Michael P. Gaffron Senior Planning Coordinator City of Orono 2750 Kelly Parkway P.O. Box 66 Orono, Minnesota 55323 Re: Blue Hill-Special Lot Combination Agreement Dear Mike; As you know, we entered into a "Special Lot Com- bination Agreement" with the City of Orono in March of 1993 as a part of the subdivision of our property at 1385 Fox Street. The Lot Combination Agreement related to the use of a lakeshore piece of ground, south of County Road 15, in conjunction with Lot 1, Block l, Blue Hill Addition, the main lot, which lies north of County Road 15. Among other things the agreement provides that the lake piece "shall be considered accessory to" the main lot, and that the lake piece "shall not serve as an accessory parking area". You are correct that there was no documented specific discussion of this condition at the time of the sub-division, but I did not know then, and I do not know now the specific definition of accessory Parking or what it was meant to apply to in this instance. Accessory to the main piece or Accessory only to the lake piece? Whatever the intent or validity of the restriction at the time of the sub-division, we believe the substantial upgrading and widening of County Road 15 adjacent to this property makes the restriction un- workable and unrealistic. As I wrote you on March 18, 1998 "In view of the (revised) adjoining road (Orono Lane) and thoroughfare (County Road 15) configurations , access to the outlot must now be mainly if not entirely by automobile.�� Foot access across County Road 15 from the main lot is now materially more hazardous. Further, with the widening and upgrading of County Road 15, we may not access the lake piece from its frontage on County Road 15, but rather from a roadway piece created by the extension of Orono Lane, already platted, but not fully opened at this point in time. This letter is to voice our concern that we have reasonable access to and use of the lake piece. It is over 35 foot wide, on average about 290 foot deep (from the lakeshore to County Road 15), -1- contains about 10,400 square foot of ground or about .23 of an acre. This piece of ground can certainly accomodate automobile and related access and parking without being obtrusive in any way. No one's view of the lake would be violated by parking adjacent to County Road 15 and the Orono Lane Access point. This area is more the 250 foot from the lakeshore - obviously well beyond the significant 75 foot lake front set back area. Mike, we believe that automobile, boat and boat accessory (trailer) parking should be allowed when such parking is in conjunction with reasonable and ordinary private use of and access to the lake. In this regard specifically we are in agreement with several of your 11/19/98 staff recommendations; namely Nos. 1 and 3, page 4: 1.) A parking area meeting all required setbacks (75' from shoreline, 10' side lot line, 1�' street lot line) and meeting hardcover limitations. . . . 3.) Grading work to create such a parking area within Parcel B shall be subject to appropriate land alteration permit. beyond the above we feel you are sort of doubling up on your basic land allowances and restrictions. Let us suggest something along the lines of the following in place of your other suggested recommendations: 5a.) Vehicle, boat and boat accessory (trailer) parking shall be allowed when such parking is directly incident to or associated with a specific private use or visit to the lakeshore, whether for boat, swimming, picnic or other similar lake use; and such parking may continue for the duration of the specific use. However for the purposes of this paragraph it is agreed that a boat or ice boat will be placed �r sited for full seasonal use at the shoreline or attached to dock or lift or mooring at or near the shoreline. 5b. ) It is further agreed that trailers accessory to boats placed or sited for full seasonal use at or near the shore- line, may not be parked in seasonal storage within Parcel B. 5c. ) It is further agreed within th�sparagraph that the vehicle parking shall be limited to no more than 6 vehicles at any one time. We feel the above, in conjunction with the hardcover restrictions (which we understand to be 25% of the lot area beyond the 0-75 foot lake set back area) will effectively limit and outline reasonable park- ing for reasonable and ordinary private lake use. Proposals of screen- ing, fencing and chaining the property seem questionable as to usefulness or attractiveness as we think of the matte�� just now. The final matter of our concern relates to assuring a workable access to the lake piece from Orono Lane. As indicated above, our access -2- to the lake piece must come from Orono Lane and it must be sufficiently open to allow not only ready, but also speedy access from Orono Orchard Road as well as County Road 15 and Orono Lane. As of this date trees remain in the Orono Lane right-of-way which we believe may impede work- able access to the lake piece. We request your attention to this matter as well as the parking matter. Ve � Truly You s� 1 � �z � �� � Andrew J. oetten -3- � � �__: �,.;� March 18, 1998 Mr. Michael Gaffron Senior Planning Coordinator City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, Minnesota 55323 Re: Plat of Blue Hill Fi 1 e Pdo. 1779 Dear Mike; As you may recall , there was a fairly lengthy process (with a lot of papers) involved back in 1993-1994 when we subdivided our property at 1385 Fox Street, Orono, The final result was our Plat of Blue Hill , Lots 1 and 2 and outlot A. Included in the process was a "Special Lot Combination Agreement" which provided in effect that Outlot A, the lake property, would be combined in use and ownership with Lot 1, Block 1 of Blue Hill Addition. The Special Lot Combination Agree- ment provides, among other things, (on page 2, Item 4b) that "Parcel B (the outlot) shall not serve as an accessory parking area", You are aware, because we have asked, that we do not know the City's definition of "accessory parking area", nor the intent of this provision in the Special Lot Combination Agree- ment. In view of the adjoining road (Orono Lane) and thoroughfare (County Road 15) configurations, access to the outlot must now be mainly by automobile. The Outlot itself, over 35 feet wide, contain- ing over lU,UOU. square reet os ground, or auout .23 0� an acre, car� certainly accomodate automobile access without being obtrusive in any way. It is possible that we may be marketing Lot l, Block 1 of Blue Hill Addition together with Outlot A and we are seeking a clarification of this matter. Please advise us at your early con- venience. � Vr�rT � lyYurs, �l �' -��.- Andrew J, oetten t;ItY �r i3��C�i�O � �__- � � o� � , o 0 '' ��- - '' CITY of ORONU ' r'� ,.,); i � .. �� � ��;'�� , �,��� �4��� MunicipalOffices �',� � l -:, . �a., �'ti/� ,� '��'��������;,�_;`�,�-�.� Street Address: Mailing Address: `9$EggOg' 2750 Kelley Parkway P.O. Box 66 �— Orono, MN 55356 Crystal Bay, MN 55323-0066 April 8, 1998 Andrew J. Goetten 1385 Fox Street Wayzata, MN 55391 Re: Blue Hill - Special Lot Combination Agreement Dear Andrew: Thank you for your letter of March 18 requesting clarification of the'no accessory parking'condition of the Special Lot Combination Agreement for Lot l, Block 1 and Outlot A of Blue Hill. I have reviewed this with Ron Moorse and have also reviewed the staff inemos and Council meeting minutes pertinent to the Agreement. I found no documented specific discussion of the condition that 'Parcel B (Outlot A) shall not serve as an accessory parking area'. Similar conditions have been established for similar special lot combinations in Orono, where a small lakeshore parcel is separated by a road from the residence parcel to which it is accessory. In one case on Bayside Road, where such a lakeshore parcel was visually very'open'with perhaps only 20-30' of land between the road and the lakeshore, it was clearly intended and stated that no temporary or permanent vehicular parking would be allowed. Two obvious justifications for such a requirement were that a)parking within 75' of the lake would not be in keeping with the hardcover ordinances; and b) any vehicles parked on the parcel would be a visual detriment to views of the lake from the road. A third justification for such a condition is that property security cannot be as easily maintained by the resident when the residence is separated from the outlot by not only a roadway but by a significant distance. The first two justifications noted above might be less applicable in your case given that a significant portion of the outlot is further than 75' from the lake, and given that a vehicle might potentially be screened from view of the general public by existing vegetation and topography. However,the third justification is very applicable given the distance between your residence parcel and the outlot, and the nature of the busy roadway separating them. Telephone (612) 473-7357 • FAX 473-0510 Andrew Goetten April 8, 1998 Page 2 The zoning code provides some direction regarding standards for parking areas that may be pertinent to this discussion. Section 10.61 Subd. SA indicates that "vehicles normally owned or kept by the occupants on the premises must have a garage stall or open parking space on the same lot as the principal use served"; since Outlot A and Lot 1 have been legally combined into a single tax parcel, an argument could be made that parking on Outlot A would not be in conflict with this section. Subd. SA also states that "open parking spaces on lots must have a location other than a required yard except that such parking may be located in a rear yard to within ten feet of an interior side lot line and to within ten feet of a rear lot line". Since a lakeshore lot has by definition a lakeshore yard and a rear yard, one can infer that open parking on a lakeshore lot would normally have to occur at least 10' back from the street lot line. Notwithstanding the above discussion, because there is a lack of any specific direction to the contrary in either the record of your subdivision review or in the Zoning Code, it is my conclusion that the'no parking' condition is intended to mean exactly what it states: "The Outlot shall not serve as an accessory parking area". Without qualification,this means no temporary or permanent parking of vehicles is allowed on the parcel. The Agreement does not specifically address whether storage of boats and/or trailers is allowed, but I would consider a boat on a trailer or on blocks to be the equivalent of a vehicle for purposes of the Agreement. It may be reasonable for the City to allow'temporary' parking of a vehicle on Outlot A under certain circumstances; for instance,while the property owner is actively using or maintaining the parcel, i.e. out on the boat, mowing, using the dock, etc. If you wish to pursue a revision of the Agreement to allow this, I would recommend conditioning the revision on establishing a minimal parking area for no more than one or two vehicles, that meets the setback requirements, hardcover limitations, and is adequately screened from the roadway and the neighboring property so as not to be obtrusive. Given the topography,some grading work might be required in order to establish a parking area that would meet required setbacks, if parking were allowed. Placement of a chain barrier across the parking area would probably be appropriate to deter unwanted visitors. Please feel free to contact me at 473-7357 if you have questions or want to have the Council reconsider the provisions of the Agreement. Sincerely, Michael P. Gaffron Senior Planning Coordinator cc: Ron Moorse, City Administrator ' � SPECIAL LOT COI�IBINATION AGREEMENT This indenture is made and entered into this day of , , by and between Andrew J. Goetten and J. Diann Goetten, husband and wife, their heirs, successors and assians (hereinafter collectively referred to as "Grantor(s)") and the City of Orono, a municipal corporation under the laws of the State of Minnesota, its successors and assi�ns (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, Grantor(s) are the owner(s) of real property in the City of Orono, County of Hennepin, State of Minnesota, legally described as follows (and hereinafter collectively referred to as the "properties"): Lot 1, Block 1, Blue Hill (hereinafter described as "Parcel A"); and Outlot A, Blue Hill (hereinafter described as "Parcel B"); and WI�REAS, Parcel A and Parcel B are physically separated from each other which prevents their being combined into one legally described lot or parcel, and/or for the same or other reason the Hennepin County Assessor cannot combine Parcel A and Parcel B into one parcel for tax purposes; and WI�REAS, notwithstanding the above it is the intent of Grantor(s) and Grantee that Parcel A and Parcel B are and shall henceforth be conti.nued in common ownership by the same person or persons, and further that Parcel A and Parcel B are intended to be used and/or developed in common by Grantor(s) as if they were in fact one parcel instead of two. NOW THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, Grantor(s) hereby covenant, grant, gifr, quit claim and convey to Grantee the right to restrict, and Grantor(s) hereby agree to restrict, lim.it and preclude the o�vnership, use, improvement and development of Parcel A and Parcel B according to and under the conditions and covenants herein contained, as follows: 1. Grantor(s) and Grantee agree that Parcel A and Parcel B shall henceforth be contained in common use and ownership even if recorded as separate lots or parcels, and that Parcel A and Parcel B shall be considered a single parcel for purposes of ineeting any acreage requirements of the zoning district, and that Parcel A and Parcel B will not be used, conveyed, sold, leased or otherwise encumbered except together as if they were a single parcel. Page 1 of 4 2. Grantor(s) and Grantee a;ree that Parcel A shall be considered the pri.mary parcel which . may be used or developed for any principal use as may be permitted in the zoni.ng district, subject to all performance standards and approvals required therefore. 3. Grantor(s) and Grantee agree that Parcel B shall be considered accessory to Parcel A, and that Parcel B may be used or developed for accessory uses as may be permitted in the zoning district and subject to all performance standards and approvals required therefore, and that such accessory uses shall be allowed only when one of the followinj conditions is present: a. Parcel A, Parcel B, and Lot 2, Block 1, Blue Hill are held in common ownership and a single principal residence exists on the commonly owned property; or b. Parcels A and B are no longer held in common with Lot 2, Block 1, Blue Hill and a principal residence structure has been established on Parcel A. 4. Grantor(s) agree to restrict and limit the use and/or improvement of Parcel B as follows: a. No structures may be constructed or located on Parcel B except the following: 1) One seasonal dock; location and number of slips allowed shall be per the regulations of the LMCD. 2) One lock box no greater than 20 square feet in area and no greater than 48 inches in height. 3} Lakeshore access stairway/boat lift/boat landing subject to requirements of Municipal Code Section 10.56 "Shoreland Mana�ement". b. Parcel B shall not serve as an accessory parking area. c. Parcel B is created for the exclusive use of the owners of Parcel A. 5. Grantee shall not issue any building permit, zoning variance or conditional use pernut for any structure or use on the properties inconsistent with the covenants contained herein. 6. Grantor(s) hereby grant to Grantee the right to enter upon the above described properties for the purposes of inspection and enforcement of the covenants contained herein, and to cause to be lawfully removed from these properties without any liability any structures, uses, substances and natural or unnatural materials inconsistent with the covenants contained herein. 7. In addition to any other remedy Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) who are in possession of these properties shall pay to Grantee all costs and expenses including attomeys fees incurred by Grantee in enforcin� the terms of this indenture. Page 2 of 4 8. The terms and conditions of this i.ndenture may be modified, amended or extinguished and thereafter Parcel A and Parcel B may be subdivided, sold separately or reduced in part only upon application by Grantor(s) to Grantee for approval of a "Subdivision" in accordance with the platting code of the City in effect at the time of such application. 9. Grantor(s) do not intend that the public should have any interest i.n the above properties by virtue of this indenture or otherwise, except as hereinabove set forth. All provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. CITY OF ORONO GRANTOR(S) / �' By May � f�IICl �• • ,%�j��Zl�rc.�-� ty lerk STATE OF MINNESOTA ) ) ss. (City Acknowledgment) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this o'��"�day of /�-'��i r�h , 1993, by ��f�c�����! T. C�al(�han��2 and �o�o�hy 1l'1. h�r� ll�'n , Mayor and Ciry Clerk, respectively, of the City of Orono, a Minnesota municipal corporation, on behalf of the municipal corporation. � �"=�;� LI,'�'DA S. VEE �� � (/�A� _ �:OTARY PUBUC - MINNESOTA HENNEPIN COUN7Y NO ARY PUBLIC . ��- Mty commissiorl axpirea&12�66 Page 3 of 4 STATE OF MINNESOTA ) ) ss. (Individual Acknowledgment) ' COUNTY OF HENNEPIN ) On this�day of �'li.ct,}�, , 19�3, before me, a Notary Public within and for said County, personally appeared (�K �; (� „ .� (��,�.`.,��s-z�.-� �-:c�� u.��G'.� known to me to be the person(s) desc bed in and who executed the foregoing instrument,� acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L.BOSMA - _ L�,L� N07AAY PUBLIC-MINNESOTA �� NENNEPIN COUNTY TARy ptJgLIC � '-�?:°' M Comm.Expires 12-19-97 Y � This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77. State Deed Tax Due Hereon: Exempt This instrument was drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 473-7357 Page 4 of 4 , � � j v.;�� � . ••�--�-' § 10 .61 A. "R" Districts. Within all "R" Districts all venicles normally owned or kept by the occupants on the premises must have a garage stall or open parking space on the same lot as the principal use served. Garage stalls accessory to residential structures may be located anywhere on the lot other than a required yard area except that such garages may be located to within ten feet of an interior side lot line and to within ten feet of a rear lot line subject to Section 10.03. Open parking spaces on lots - must have a location other than a required yard except that such parking may be located in a rear yard to wit:�in ten feet of an interior side lot line and to within ten feet of a rear lot line. Source : �Iunicipal Code Effective Date: 9-14-67 B . "B" Districts . Within the "B-2" District � parking may not be allowed in any required yard or landscaping �� �� �� �� �� �� area. within the B-1 , B-3 and B-4 Districts parking spaces and/or garages shall be located in areas other than a required yard � except that parking may be located in a rear yard to within three feet of the rear or side lot line unless the rear or side lot line is in common with an "R" District; then the setback distance shall � be the same as required for the "R" District . Source : Ordinance No. 172 � Effective Date: 1-1-75 C. ��I�� Districts. Within ��I�� Districts, off-street parking spaces shall be not less than twenty feet from any street � right-of-way line nor less than five feet from any interior side � lot line or rear lot line, except when a side or rear 1ot line is abutting an "R" District. Then, off-street parking shall be not � less than ten feet from said 1ot lines. Subd. 6. Joint Parking. Required parking facilities serving two or more uses in the "B" or "I" Districts may be located � on the same lot provided that the total number of parking spaces so J furnished shall be not less than the sum total of the separate � requirements for each use and provided : A. The proposed joint parking space is within thirty feet of the use it will serve . � B. The applicant (s) shall show that there is no substantial conflict in the principal operating hours of the two or � more buildings or uses for which joint use of off-street parking facilities is proposed ; and , �" C. A properly drawn legal instrument approved by the City Attorney, executed by the parties concerned for joint use � of off-street parking facilities shall be Filed with the City __ C1erk. Said instrument may be a three or more party agreement including the City. � ORONO CC 384 (4-1-84) � • '. : . • �• �• ,G « � � �. 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