Subd. 1. Purpose. The purpose of the R-5, Residential Redevelopment District is to provide for single-family, two-family, and townhome residential development and redevelopment of the older areas of the community located primarily within the shoreland management areas adjacent to Big, Mitchell, and Keller Lakes. The standards identified herein are intended to allow for the redevelopment of existing properties in a manner that is sensitive to the shoreland areas of Big, Mitchell, and Keller Lakes. These areas are virtually fully developed and contain plats dating generally from 1892 to the early 1950s. The areas are characterized by small lots ranging from 40 to 60 feet in width and neighborhoods contain a mixture of seasonal cabins and older single-family homes that are located at various setbacks and along narrow platted alleys and streets. The predominance of small lots, existing development patterns, and the desire by residents and the city to upgrade housing in this area, precipitated the need to develop special standards to guide owners in the maintenance, update, and redevelopment of existing properties.
Subd. 2. Uses. Uses allowed within the district are as described in subsection 1003.05.
Subd. 4. Lot Area, Height, and Setback Requirements. The following minimum requirements shall be observed in the R-5 District subject to additional requirements, exceptions, and modifications set forth in this chapter.
TABLE 8 | |
R-5, RESIDENTIAL REDEVELOPMENT DISTRICT * | |
Requirements | |
TABLE 8 | |
R-5, RESIDENTIAL REDEVELOPMENT DISTRICT * | |
Requirements | |
MINIMUM SETBACK STANDARDS FOR ALL USES | |
Arterial road | 50 feet |
Bluff, top of bluff | 30 feet |
Collector road | 45 feet |
Impervious surface coverage | 35% |
Local road | 20 feet |
Maximum building height | 35 feet or 2.5 stories |
Railroad setback | 100 feet |
Residential driveway setback | 5 feet from side lot line |
Wetland setback and buffer | 30 feet |
SINGLE-FAMILY NEW SUBDIVISION | |
Minimum Lot Area | |
Minimum lot width | 75 feet |
Non-riparian lot | 10,000 square feet |
Riparian lot | 12,000 square feet |
Setbacks | |
Front | 25 feet |
Rear | 25 feet |
Side | 5 feet |
SINGLE-FAMILY EXISTING LOTS OF RECORD | |
Minimum lot area | Size per approved final plat |
Minimum lot width | Width per approved final plat |
Setbacks | |
Front | 20 feet |
Rear | 10 feet |
Side | 5 feet |
TWO-FAMILY/TOWNHOME AND OTHER USES | |
Minimum lot area | 20,000 square feet |
Minimum base lot width | 100 feet |
Minimum unit lot width | 24 feet |
Setbacks | |
Front | 20 feet |
Maximum impervious surface coverage | 75% |
Rear | 10 feet |
Side | 5 feet |
Note to Table: * All uses located within the Shoreland Overlay District are subject to the standards in subsection 1004.03 | |
1. Bluff Impact Zones. Structures and accessory facilities, except stairways, lifts, and landings, must not be placed within bluff impact zones.
2. Shore Impact Zones. Structures and accessory facilities, except docks, must not be placed within shore impact zones.
3. Residential Lot Standards; Impervious Surface Coverage. The maximum allowed lot coverage by impervious surfaces is 35% on non-Shoreland Overlay District properties, as identified in the city’s current zoning map. Properties within the Shoreland Overlay District are allowed a maximum lot coverage by impervious surfaces of 25%, unless otherwise stated below.
a. Paver stone driveways, sidewalks, and patios that receive all required permits and are properly installed with a sand base and sufficient spacing to allow for drainage shall count towards 50% of the area covered for the purposes of calculating the overall lot coverage.
b. The impervious surface coverage on Shoreland Overlay District properties may be increased up to 50% of the total lot area by a conditional use permit as set forth in and regulated by subsection 1002.08 and the following criteria:
i. All structures, additions, or expansions shall meet setback and other requirements of this chapter;
ii. The lot shall be served by municipal sewer and water;
iii. The lot shall provide for the collection and treatment of storm water in compliance with the City Storm Water Management Plan if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the City Engineer; and
iv. Measures to be taken for the treatment of storm water runoff and/or prevention of storm water from directly entering a public water. The measures may include, but not be limited to the following:
(a) Appurtenances as sedimentation basins, debris basins, desilting basins, or silt traps;
(b) Installation of debris guards and microsilt basins on storm sewer inlets;
(c) Use, where practical, oil skimming devices or sump catch basins;
(d) Direct drainage away from the lake and into pervious, grassed yards through site grading, use of gutters, and downspouts;
(e) Sidewalks are constructed with partially pervious raised materials such as decking which has natural or other pervious material beneath or between the planking;
(f) Grading and construction techniques are used which encourage rapid infiltration, e.g., sand and gravel, under impervious materials with adjacent infiltration swales graded to lead into them;
(g) Berms, water bars, or terraces are installed which temporarily detain water before dispersing it into pervious area; and
(h) Installation of a minimum 15-foot wide buffer from the OHWL. This buffer would be treated similar to a wetland buffer where native grasses and the like would be required and mowing and dumping would not be permitted.
c. All structures and impervious surfaces shall be located on slopes less than 12%. The physical alteration of slopes shall not be permitted for the purpose of overcoming this limitation.
d. Site developments shall be designed, implemented, and maintained using the most applicable combination of comprehensive practices that prevent flooding, pollutant, erosion, and sedimentation problems consistent with Protecting Water Quality in Urban Areas, Best Management Practices for Minnesota, State Pollution Control Agency, October 1989, or as amended, which is incorporated by reference, available at the State Law Library and not subject to frequent change.
e. The city may impose additional conditions if determined necessary to protect the public health, safety, and welfare.
4. Single-Family Lot Standards; Existing Lots of Record. An existing lot of record, legally established in accordance with ordinance requirements existing at the time of its creation, and being a separate, distinct tax parcel since September 13, 1979, is buildable subject to the standards identified in this Subdivision and additional requirements, exceptions, and modifications set forth in this chapter.
a. Side yard setback requirements may be reduced to 20% of the lot width, 10% to be located on each side of a structure, in such cases where the lot size is less than 75 feet. In no case shall the side yard setback be less than five feet from the property line.
b. In cases where the rear or side yard of a lot opens into an alley, the rear or side yard setback shall be equal to one-half the width of the platted alley.
c. The front yard setback requirements shall be observed on each street side of a corner lot; provided however, that the buildable width of a lot shall not be reduced to less than 30 feet.
d. The lot must have frontage on a public street.
e. In addition to all other applicable setback requirements, new accessory structures (except for fences) shall not be closer than six feet to any existing principal structure on any adjacent lot unless firewall installation or other mitigation measures are approved. In addition to all other applicable setback requirements, new principal structures, and new additions to principal structures shall not be closer than ten feet to any existing principal structure on any adjacent lot unless approved by the Building Official. The Building Official’s approval may require the submittal of plans showing a proposed firewall installation or other mitigation measures.
f. All performance standards and other lot and yard requirements of this chapter are met.
g. The proposed development shall be consistent with the character and quality of the immediate area and the objectives of the city’s Comprehensive Plan and zoning ordinance.
5. Two-Family/Townhome and Other Uses Lot Standards. The following minimum requirements shall be observed in the R-5 District subject to additional requirements, exceptions, and modifications set forth in this chapter.
a. Setback between buildings within the same base lot shall maintain a minimum separation of 15 feet.
b. Two-family and townhomes shall not be located on lakeshore lots.
c. Provisions for adequate on-site storm water retention and/or compliance with the City Storm Water Management Plan shall be required.
d. The following open space standards shall be provided:
i. At least 25% of the total development area shall be preserved as open space. The open space standard may be modified for planned unit development (PUD) projects;
ii. Dwelling units or sites, land covered by road surfaces, parking areas, or structures are developed areas and shall not be included in the computation of minimum open space; and
iii. Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries.
e. Centralization and design of facilities and structures shall be done according to the following standards.
i. Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height.
ii. Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf-on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided.
iii. Accessory structures and facilities shall meet the required principal structure setback and shall be centralized.
f. Two-Family Townhome and Other Uses; Impervious Surface Standards.
i. New construction on conforming lots or an existing site being altered, remodeled, or expanded which expands the existing impervious surface coverage may be permitted, provided the impervious surface coverage does not exceed 75% of the total lot, and provided the following stipulations are met.
(a) All structures, additions, or expansions shall meet setback and other requirements of this chapter.
(b) The lot shall be served by municipal sewer and water.
(c) The lot shall provide for the collection and treatment of storm water in compliance with the City Storm Water Management Plan if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the City Engineer.
(d) Measures for the treatment of storm water runoff and/or prevention of storm water from directly entering a public water include such appurtenances as sediment basins (debris basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm sewer inlets, oil skimming devices, and the like.
Subd. 5. Construction on Substandard Lots of Record.
1. Lots of record in the office of the County Recorder on or before October 29, 1985 that do not meet the requirements of subsection 1006.02, Subd. 3, may be allowed as building sites without variances from lot size requirements under the following provisions:
a. The use is permitted in the zoning district;
b. The lot was created compliant with official controls in effect at the time;
c. Sewage treatment and setback requirements of this chapter are met;
d. The lot has been in separate ownership from abutting lands on or before October 29, 1985;
e. All other dimensional requirements of this section shall be complied with. However, in the event a property owner cannot comply with other dimensional requirements of this section, because of the limited size of the lot, that property owner shall be required to obtain a variance where necessary to prevent hardship; and
f. If, in a group of two or more contiguous substandard lots under the same ownership, any individual lot does not meet the requirements of this subsection, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of this subsection as much as possible.
Subd. 6. Subdivision of Single-Family Lots of Record Under Common Ownership. Riparian and non-riparian lots of record (platted prior to October 29, 1985) that are located in the Shoreland District and are under common ownership with an abutting parcel of property on or after July 20, 2002 (effective date of the ordinance from which this chapter was originally derived), may be further subdivided to create buildable lots provided the following standards are met:
1. All riparian lots must have a minimum of 75 feet of lot width at the front setback line;
2. All riparian (lakeshore) lots must contain at least 12,000 square feet of lot area above the ordinary high water mark of the public water;
3. All non-riparian lots must have a minimum of 50 feet of lot width at the front setback line;
4. All non-riparian lots must contain at least 10,000 square feet of lot area;
5. All lots must have an existing sewer and water stub to the property; and
6. Assessments for sewer and water shall be paid.