HomeMy WebLinkAboutRe: lot of record Melanie Curtis
From: Melanie Curtis
Sent: Monday,June 06, 201611:27 AM
To: 'luellagg@aol.com'
Subject: Lot of Record
Luella
Below I have pasted Section 78-72 regarding lots of record and how the code dictates they be developed. Your lot(1122
Loma Linda) is a single lot of record within the Shoreland overlay district, and within the lR-1B district. Setbacks and all
zoning standards must be met: 25% hardcover limit and 15%total structural coverage limit.
Sec.7$-72.-Lt►ts c�f 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.
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(c) A lat of r�o�'d t�cated in �ny sharel�nd t�i�t�, irr�lud'rng the Sht�rei�nd Overl�y distt�t, R� Seas�ct�! F��r�flnal
district,an�#��y caf the LRw L�t��:sl�R�icit�nti�l clistri�ts,ttttat dc�s nt�t meet t�t�r�uirement�t�f fihis�pt�r�tir iot
s�ze t�r ic�t wri�th'��ali t�su�j�f�►fhe fall�rwing regulatit�r�s:
(1) A noncc�nfarmir�g;sinz�le Ic�f�rf recard may be�Ilowed as a bUiiding si��rithr�ut varian��from'i�t size and w�d�h
���'��1.►l�?f ��Y�:i���IIilL.: . . . .. .
�.' }��S�t�CIC f�LilCE.'i'1'18T�tS C�t��R3Et�;
b. A Ty� 1 s�ge treatm�r�#systerrr cansistent'with Minnesot� Rul�s, chapt�:r 7t}�, c�n be�r��N�tf+�r#t�:
!at is cannected to�pub��rer and
c. Tt�impen�iou��u t�rt�rsge m��ali hardcc�u�r�#ic>n��d sq���f�cstage t�it�'ts t�f t�tis cha�'I�r
a�d th�to#�I sq�rare�g�t�f hardc�ver dc�s ncr#e�25�rc�nt r��th�e entire�t�r�a:
d. . AIl c�#h�f�c�ning di��fi�ndards�an 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 govemment 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 1at subj�ct fa e�her�� '�ns 7&7�(e}{1}ar{2}'rernains suk�j�ct to the hardccrver t�stric'ti��rs�fi this�hapter,
as fi3rfk�w�:
a, lAl�er��te harcic:nver�quaee fG�tage�k��nent as c�tc�tateci based on��a�s�gr�+e�t tier ex�ed�`2���n#
af th�en�ire lot area, h�rdcxaver sh�ll be Ijmit�ci tc��5 perc�nt afi the entir�kot area..
b. Nt��n of the�rn�nr�ous s�rfa��quar�:fi��a�lvw�d shatl be placed within in 7�f�t crf a lal�e flH1�1ii.
or tri�ut�ry bar�k, e�c�pt f�r tF}�� it�ms r�ormal[y a�lt�d ir�such I+�atis�n as r�gu��d ei�v��re in',this
cF�ap�er.
(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.
(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)
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