HomeMy WebLinkAbout2007-019 Council Ordinances1st Reading: (.1c'. 2, -26O 1
Publication: 1),,,,_. 'LS-, Z.&7
Effective: Jake. L. y. 2oC
2nd Reading: Pei. 10 Zc�oi
Council Member Carlson moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 19-07
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.
h. For lots created under 2.b herein, the applicant making a request for
a lot split based upon requirements of a lending institution shall
provide written verification from the lender of such requirements at
the time the application is filed.
i. For lots created under 2.b herein, the property owner shall record
with the Anoka County recorder a covenant that prohibits the transfer
of any lots created under this section unless the same is combined
into one parcel with the balance of the owner's property from which it
was split or in accordance with the provisions of Section 3,
Subdivision B.1. This requirement shall not apply to any conveyance
by a lending institution who has acquired title as a result of a
mortgage foreclosure.
3 Two family dwellings and multiple family dwellings are not allowable uses
upon unsewered lots.
4. All subdivisions in areas without public sanitary sewer shall be designed
such that the larger non-sewered lots can be resubdivided to provide
smaller sewered Tots when sewer becomes available in the future. Homes
and accessory buildings shall be located on these Tots so as to allow for
future resubdivisions.
Section 3
As above amended, said Zoning Ordinance shall stand as initially passed and
previously amended.
Section 4
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter.
ATTEST:
JU1ianfe'BarteII, Cityt1erk
Adopted by the Lino Lakes City Council this 10th day of December, 2007.
The motion for the adoption of the foregoing ordinance was duly seconded by Council Reinert
Member Carlson and upon vote being taken thereon, the following voted in favor
thereof:
Carlson, Reinert, O'Donnell, Stoltz, Bergeson
The following voted against same:
none
Whereupon said ordinance was declared duly passed and adopted.
STAFF ORIGINATOR:
CITY COUNCIL
MEETING DATE:
TOPIC:
AGENDA ITEM 6A
Michael Grochala
December 10, 2007
Ordinance No. 19-07, Amending Section 3, Subd. 3.B
of the Lino Lakes Zoning Ordinance Related to
Unsewered Lot Size
VOTE REQUIRED: 3/5 Vote Required
BACKGROUND:
Following prior direction from the City Council the City Attorney has drafted an
amendment to Section 3, Subdivision 3.B of the zoning ordinance, to allow the creation
of a parcel not Tess than one acre in area, 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 lots 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 first reading of the ordinance amendment was approved by the Council on
November 26, 2007 with the additional phrase "of the existing habitable single family
home." inserted at the end of Subd. 3.B.2. Following second reading and approval, the
ordinance would be published and would take effect 30 days from the date of
publication.
OPTIONS
1. Approve second reading and passage of Ordinance 19-07
2. Return to staff for further consideration.
ATTACHMENTS
1. Ordinance No. 19-07
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.
h. For lots created under 2.b herein, the applicant making a request for a lot split based upon
requirements of a lending institution shall provide written verification from the lender of such
requirements at the time the application is filed.
i. For lots created under 2.b herein, the property owner shall record with the Anoka County
recorder a covenant that prohibits the transfer of any lots created under this section unless the same
is combined into one parcel with the balance of the owner's property from which it was split or in
accordance with the provisions of Section 3, Subdivision B.1. This requirement shall not apply to
any conveyance by a lending institution who has acquired title as a result of a mortgage foreclosure.
3. Two family dwellings and multiple family dwellings are not allowable uses upon unsewered
lots.
4. All subdivisions in areas without public sanitary sewer shall be designed such that the larger
non-sewered lots can be resubdivided to provide smaller sewered lots when sewer becomes
available in the future. Homes and accessory buildings shall be located on these lots so as to allow
for future resubdivisions.
Section 3
As above amended, said Zoning Ordinance shall stand as initially passed and previously
amended.
Section 4
This Ordinance shall take effect upon its passage and publication according to the City Charter.
Passed by the Lino Lakes City Council this 10th day of September, 2007.
John Bergeson, Mayor
ATTEST: Julianne Bartell, City Clerk.
Published in the Quad Community Press December 25, 2007.
Lino Lakes Ordinance No. 14-05, page 2