08-08-2022 City Council Packet - Laserfiche WebLink

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NON -CONFORMING USES. A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district. Staff Comment: It should be noted that when the lots were zoned R-1, Single Family Residential they were still non -conforming and substandard because they were not served by public sanitary sewer and water as required in the R-1 district. • Per City Code Section 1007.041 Non -Conforming Uses and Structures: (1) Purpose. It is the purpose of this section to provide for the regulation of non- conforming buildings, structures and uses and to specify those requirements, circumstances, and conditions under which non -conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non -conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non -conforming uses shall be eventually brought into conformity. Staff Comment: It is specially stated that the intent of the nonconforming ordinance is that all nonconforming uses shall be eventually brought into conformity. Combining the 2 lots will create one 7.75 acre lot that is 400 ft wide. The new lot will meet lot width requirements and will be closer in conformance of a 10 acre lot. • Per City Code Section 1007.042(1) Lot of Record: (a) Any substandard unsewered lot of record existing at the effective date of this Ordinance and held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of this Ordinance provided that: 1. The lot was a separate parcel with its own parcel identification number on the date of the adoption of this Ordinance. 2. It can be demonstrated that the lot can accommodate the proposed principal structure, onsite well if the public water system is not available, and an onsite wastewater treatment system including both a primary and secondary drain field area in accordance with MN Stat. 7080 and other applicable requirements. 3. The lot has direct frontage on an improved public street which has been accepted for maintenance by the City of Lino Lakes. 4. All building and site improvements adhere to all required setbacks. Staff Comment: This zoning section also specifically addresses any substandard unsewered lot held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure. The vacant lot addressed 6966 Lake Drive is not held in separate ownership from 6970 Lake Drive and cannot be used for the erection of a structure.