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11/14/2007 P&Z Packet
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11/14/2007 P&Z Packet
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11/14/2007
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Planning & Zoning Board <br />November 14, 2007 <br />ANALYSIS <br />The City's Zoning Ordinance, in conformance with the Comprehensive Plan, requires that all <br />unsewered lots, within any zoning district, be a minimum of 10 acres in size. The 10 acre <br />minimum lot requirement dates back to the City's 1990 Comprehensive Plan Amendment and <br />the 1992 Zoning Ordinance Amendment to implement a rural service policy of one unit per 10 <br />acres consistent with Metropolitan Council guidelines. The intent of the 10 acre minimum is, in <br />part, to prevent the premature subdivision of property that inhibits the efficient extension of <br />public infrastructure as the community develops. The only exception to this requirement is <br />where there exists a habitable single family home constructed prior to July 13, 1992. In this <br />instance a minimum one acre lot size applies subject to several provisions of the ordinance. <br />The City Attorney has drafted an amendment to Section 3.B of the zoning ordinance to allow an <br />additional exception where the creation of a new lot is needed to provide security to a third party <br />lending institution for owner financing (3.B.2.b). Lots created under this exception, in addition <br />to the existing requirements, would also need to record a covenant that prohibits transfer of the <br />lots created unless they are combined. This requirement would not be applicable to any <br />conveyance by a lending institution who has acquired title as a result of a mortgage foreclosure <br />(3.B.2.h). <br />The amendment is proposed to read as follows (underlined text is to be added, strikeout text is to <br />be deleted. Text not indicated as added or deleted remains unchanged): <br />Section 3.B. UNSEWERED LOTS. <br />1. Except as provided for in Section 3, Subd. 3.A.4, and Section 3, Subd. 3.B.2 of this <br />Ordinance, the minimum unsewered lot size within any zoning district is ten (10) <br />acres. <br />2. Where the following conditions exist, a lot of a minimum of one acre may be <br />created, provided that: <br />a. A habitable single family home has been constructed prior to July 13, 1992; <br />or <br />b. There exists a habitable single family home constructed after July 13, 1992, <br />and the creation of a new lot is needed to provide security to a third party <br />lending institution for owner financing. <br />The following conditions shall apply to any lot created hereunder: <br />c. The new lot that has a minimum area of one acre contains an existing <br />habitable home, and <br />d. The balance of the property is ten (10) acres or more, and <br />7 <br />• <br />• <br />• <br />
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