03/22/2004 Council Packet - Laserfiche WebLink

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Eagle Brook Church page 4 between the proposed site and the lake is owned by the City of St. Paul Water Services, but is likely to be purchased by the County to add to the park reserve. Lots: The church proposes to create separate lots for the new church building and the existing house. Since the house exists, the subdivision is actually creating a separate lot for the church. Under the subdivision ordinance, the creation of a new non - residential lot requires a plat rather than a minor subdivision. Normally, the Rural zoning district requires a minimum lot size of ten acres. However, the zoning ordinance allows a smaller lot when an existing house is on a large parcel. The lot width can then be less than the normal 330'. Section 3, Subd. 3.B.2. of the zoning ordinance states: Where there exists a habitable single family home constructed prior to July 13, 1992, a lot of a minimum of one (1) acre may be created provided that: a. The new lot that has a minimum area of one acre contains the existing habitable home, and b. The balance of the property is ten (10) acres or more, and c. The new lot that has a minimum area of one acre contains one acre of contiguous buildable land, not including road right of way, electrical transmission line easements or pipeline easements, and d. Both the one - acre - minimum lot and lots made from the remaining land must meet all minimum lot requirements and provide for meeting setback and other structure requirements, and e. It can be demonstrated that all unsewered lots 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. Section 5, Subd. 1.B.2. states that the minimum lot width in the Rural zoning district is 330 feet "except as provided for in Section 3, Subd. 3.B.2., which shall require a minimum lot width of two hundred (200) feet." The proposed house lot is 200 wide along the road. The house has existed for much longer than 1992. The proposed lot for the existing house is 6.2 acres. The remainder of the property is over 80 acres. The lot lines provide for all required setbacks. The house has an existing septic system, and adequate area for a secondary drainfield exists. The proposed house lot meets requirements a through e, listed above. The subdivision ordinance requires that minimum lot area is exclusive of water course easements, as well. An easement for the relocated county ditch along the entire southern property line (1070') is 100' wide, totaling about 2.5 acres. This leaves approximately 3.7 acres of contiguous upland that is not encumbered by the ditch easement. Resolution 04 -17, page 4