07A - Metes and Bounds Subdivision, Whalen

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STAFF REPORT Application: Metes and Bounds Subdivision Applicant: James and Judy Whalen Background Information: The property is zoned Commercial and is bordered by Highway 371 to the west,County Road 107 to the south,and Paul Bunyan Trail to the East.The applicants own two properties;the southwestern most property is roughly 6 acres and the remaining property is roughly 11.5 acres.The applicant wishes to subdivide the two(2)properties into three(3)tracts.Tract A is proposed to be 2.64 acres,Tract B will be 12.73 acres,and Tract C will be 5.18 acres. Applicable Statutes: The provisions governing properties in the Commercial District apply. Section 60.040 details the minimum lot requirements as follows: • Lot Area 1 acre • Lot Width 150 feet • Lot Depth None • Lot Coverage 50% • Front Yard Setback 50 feet • Side Yard Setback 25 feet • Rear Yard Setback 20 feet • Accessory Structure 10 feet The process and requirements for subdivisions are currently described under Article IV, Section 140 of the Ordinance.Section 140.0201)describes the minimum subdivision design standards as follows: 1. The land shall be properly zoned and suitable in its natural state for the intended purpose with minimum alteration.Land subject to flooding, land below the ordinary high water mark,wetlands,areas with high water table,bluffs or land containing other significant constraint(s)upon future intended usage,shall not be considered in the minimum size of a lot.The suitability analysis for each lot shall also consider soil and rock formations with severe limitations for development,severe erosion potential,steep topography, inadequate water supply or sewage treatment capabilities,nearshore aquatic conditions unsuitable for water-based recreation,important fish and wildlife habitat, presence of significant historic sites,or any other feature of the natural land likely to be harmful to the health, safety,or welfare of future residents of the proposed subdivision or of the community. 2. Each lot shall have a minimum contiguous lawn area that is fire of limiting factors sufficient for the construction of two standard soil treatment sewage systems.New lots requiring mound systems or holding tanks shall not be allowed. 3. Provisions for water-based recreation where near shore aquatic conditions are unsuitable for direct access. 4. Lot areas and dimensions shall conform to the requirements of the Zoning Ordinance, without a variance. 5. Lot layouts shall be compatible with the existing layout of adjoining properties. July 2005 Staff Report 6- 1PAG E }