HomeMy WebLinkAboutRe: alley Melanie Curtis
From: Melanie Curtis
Sent: Friday,June 03, 2016 11:23 AM
To: 'luellagg@aol.com'
Cc: 'tom@advsur.com'
Subject: 1122 Loma Linda -Alley Vacation 2000
Attachments: memo.pdf; res 4582.pdf
Luella
It was nice speaking with you yesterday. As I indicated on the phone we do not believe that the 20-foot alley approved to
be vacated by the City of Orono was properly recorded with Hennepin County in 2000 (or in 2002).Therefore the alley is
not vacated and combined with your property at 1122 Loma Linda as we had intended because the City was waiting for
additional information to be submitted (see below).
The City can still record the alley vacation as approved in Resolution 4582 (attached) however in order to do so we still
need the outstanding information to be provided:
1. New legal descriptions for 1122 Loma Linda/Parcel A(Lots 17 & 18, Block 8, Loma Linda)and 1140 Loma
Linda/Parcel B (Lot 13) which incorporate the vacated alley.
2. Utility easement across the vacated alley as well as drainage and utility easements for both properties(10'
exterior and 5'for interior lot lines).
I've attached the resolution and a memo from former City Planner Paul Wienberger detailing this request. Once we
receive the necessary information we can certify the resolution from 2000 to have it properly recorded with Hennepin
County.
Please feel free to contact me or to have your surveyor contact me on your behalf if there are questions as to what is
required.
Thank you and have a nice weekend.
Melanie
Melanie Curtis, Planner
Direct 952.249.4627
Planning &Zoning Office 952.249.4620
2750 Kelley Parkway, Orono, MN 55356
Email: mcurtisCcD_ci.orono.mn.us
Website: www.ci.orono.mn.us
Summer Hours are in effect:
Monday-Thursday 7:30 am to 5 pm;&Fridays 7:30 am to 11:30 am
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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.
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(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 safery 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) �4 bt c�f re�rd lc�ated in �ny sh€�reland di�ct, �nc�uding the Shoreland t>vv�rl�y d�stri�> R� �s�n�i Recre�ti�r��l
d'tstri�t, �nd any���LR-Lal�esho�€:Resi�r�tia!�i�tr�ic�s, l�at d�na�m�t�e r�uirement�s�rf tl�i�da��er#�r 1c�#
size�la�t wi+d#�shatl be suk�ject tc�ifie following regulatic��s:
(1) A r�c�nc�t�ornning s'tngle k�t af r�rd may be�1lcrwed as�buiitting site wi#Ftout varianaes from Ic�t si�e�nd wid#�
eeq�tirem�r�t�, pwrc�vi�ed th�t:
s. ' Afl sett�rk requirem�nts car� be met;
b. A Type 1 sewage tr��atmsr�t s�tsterr�c�nsistent w'rtls Minn�ota Rules, chap#�F 7t?�3�, cart t� ir��ts}le�d or tMe
lot is�nr�ected to a public s�wer;�nd
c. The impervious ru�cov�rag�m�ets a[(h�rdcc�ver loc�tion and squar�ir�o#��res�c��ar��c�f tf�is�ha�ter
and the total`squafe fao4�ge�f hard�aver does nc�#ex�ed 2�percent of the entice#vt area.
d.' AII oth�r zo�ing district st�ndards c�n be rnet.
(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�ither�ubse�ions 7�-72�c}(1}or(2)'remains subj�ct��e hardc�ver r�s�ions af#'�is ct��ipter,
as'fpllows:
a. ' Wher��e hardc�ver syuare fc+otag��#lotmen#as c�t�culat+�i based�n i�e assi��tt fi����2�p�r�n#
o�F the�ntire�t area, hardcouer sh�#t�lir�itetf#0 2��nt'of the entire fiot ar�a.
b.'' No par�ion of tt�e�m�ca�a�s�r�e�quare fc�rtag�:albwetl shall be p�ac�d;�rii�tin in 75 f�+st cs�'a 1a�€e�t-I�VL
or teibutary b�nk, except for tho�se i�ems norm�Ity a�low� in such 'Ic�atic�r� as r�ulated e[�wl�in thi�
�hapter.
(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) Nofinrithstanding 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 surtaces, 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, § l, 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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