03/02/2009 Council Packet - Laserfiche WebLink

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need to be revised to reflect changes in the easement descriptions due to the required modification of the lot size noted above. The existing barn and garage indicated on the site plan are approximately 2,296 square feet in size, which exceeds the 2,020 square foot maximum for accessory structures on a parcel between 1.25 and 2.5 acres in size. The size of Parcel B must be increased to 2.5 acres in size in order to meet the zoning ordinance The allowable square footage for accessory buildings and garages for parcels between 2.5 acres and less than 5 acres is 3,600 square feet. The existing home and all other structures will meet the minimum setbacks required within the Rural zoning district, and the site plan clearly indicates the primary and secondary septic field required by the ordinance The property is currently served by municipal water services. Evidence of Financial Security Arrangement The applicant has submitted a letter from Reserve Mortgage SIDAC, dated September 10, 2008, which outlines the requirement from FHA that the parcel for a reserve mortgage must be less than 5 acres in size and that no commercial enterprises may be done there. This satisfies the requirements of the ordinance for allowing a minor subdivision under Section 3 Subdivision 3.B2.b. Declaration of Protective Covenants A copy of the proposed Declaration of Protective Covenants was submitted in accordance with Section 3, subd. 3.B2 of the zoning ordinance. The City Attorney has reviewed the covenants and has recommended the following changes: 1. Mr. DeHaven is a listed as a grantor of the Declaration, however his name is not included - - - in the-first paragraph of the document Mr. DeHaven's name and interest in the property should be included in the lst paragraph. 2. Under the declaration an additional clause should be added to state: "No transfer of either Parcel A or B may be made unless said Parcels are first combined together to create one parcel. This requirement shall not apply to a lending institution who has acquired title as a result of a mortgage foreclosure." 3. In the last sentence of the declaration the phrase "grant of easement " should be stricken and replaced with "Declaration ". ACTION Approval subject to the following conditions: 1. Parcel B must be increased in size to 2.5 acres to meet the accessory structure requirements of the zoning ordinance