11/26/2007 Council Packet - Laserfiche WebLink

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ANALYSIS The City's Zoning Ordinance, in conformance with the Comprehensive Plan, requires that all unsewered lots, within any zoning district, be a minimum of 10 acres in size. The 10 acre minimum lot requirement dates back to the City's 1990 Comprehensive Plan Amendment and the 1992 Zoning Ordinance Amendment to implement a rural service policy of one unit per 10 acres consistent with Metropolitan Council guidelines. The intent of the 10 acre minimum is, in part, to prevent the premature subdivision of property that inhibits the efficient extension of public infrastructure as the community develops. The only exception to this requirement is where there exists a habitable single family home constructed prior to July 13, 1992. In this instance a minimum one acre lot size applies subject to several provisions of the ordinance. The City Attorney has drafted an amendment to Section 3, Subdivision 3.B of the zoning ordinance to allow an additional exception where the creation of a new lot is needed to provide security to a third party lending institution for owner financing (3.B.2.b). Lots created under this exception, in addition to the existing requirements, would also need to record a covenant that prohibits transfer of the Tots created unless they are combined. This requirement would not be applicable to any conveyance by a lending institution who has acquired title as a result of a mortgage foreclosure (3.B.2.h). The amendment is proposed to read as follows (underlined text is to be added, strikeout text is to be deleted. Text not indicated as added or deleted remains unchanged): Section 3. Subd. 3.B. UNSEWERED LOTS. 1. Except as provided for in Section 3, Subd. 3.A.4, and Section 3, Subd. 3.B.2 of this Ordinance, the minimum unsewered lot size within any zoning district is ten (10) acres. 2. Where the following conditions exist, a lot of a minimum of one acre may be created, provided that: a. A habitable single family home has been constructed prior to July 13, 1992; or b. There exists a habitable single family home constructed after July 13, 1992, and the creation of a new lot is needed to provide security to a third party lending institution for owner financing. The following conditions shall apply to any lot created hereunder: c. The new lot that has a minimum area of one acre contains an existing habitable home, and • • •