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CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 19-07 AN ORDINANCE AMENDING SECTION 3, SUBDIVISION 3.B OF THE ZONING ORDINANCE REGARDING EXCEPTIONS TO THE MINIMUM LOT SIZE FOR UNSEWERED RESIDENTIAL PROPERTIES The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings: 1. The City Council may from time to time amend the Zoning Ordinance as allowed by state statute and city ordinance. 2. The Lino Lakes Comprehensive Plan establishes the policy to limit unsewered development to a 10 acre minimum lot size. 3. The applicability of certain home mortgage financing opportunities are limited by lot size requirements that conflict with the zoning ordinance requirements 4. Under certain conditions it is in the public interest to allow smaller lot sizes in unsewered areas to provide property owners the opportunity to utilize equity built up in their existing homesteads. Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 and subsequently amended is hereby amended as shown below. Underlined text is to be added, strikeout text is to be deleted. Text not indicated as added or deleted remains unchanged. Section 3, Subdivision 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 of the existing habitable single family home. 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 d. The balance of the property is ten (10) acres or more, and e. 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 f. 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 g. 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 Minn. Stat. 7080 and other applicable requirements.