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Planning Commission Agenda 02-11-2014 AGENDA MONTICELLO PLANNING COMMISSION REGULAR MEETING (RESCHEDULED) Tuesday, February 11th, 2014 - 6:00 PM Mississippi Room, Monticello Community Center Commissioners: Chairman Brad Fyle, Sam Burvee, Charlotte Gabler, Grant Sala Council Liaison: Lloyd Hilgart Staff: Steve Grittman - NAC, Ron Hackenmueller 1. Call to order. 2. Consideration to approve Planning Commission minutes. a. Regular Meeting –January 7th, 2014 3. Citizen Comments. 4. Consideration of adding items to the agenda. 5. Public Hearing –Consideration of a request for a Conditional Use Permit Use Permit for Vehicle Sales and Rental in a B-4 (Regional Business) District. Applicant: Dell Inc. dba Quality RV 6. Public Hearing – Consideration of an amendment to the Monticello Zoning Ordinance, Chapter 6 – Non-Conformities, Section 2. Applicant: City of Monticello 7. Adjourn. Planning Commission Agenda – 2/11/2014 1 5. Public Hearing – Consideration of a request for a Conditional Use Permit Use Permit for Vehicle Sales and Rental in a B-4 (Regional Business) District. Applicant: Dell Inc. dba Quality RV (NAC) Property: Legal: Lot 1, Block 1, 90th Street Addition Address: 3801 Chelsea Road Planning Case Number: A. REFERENCE & BACKGROUND Request(s): Conditional Use Permit for Vehicle Sales Deadline for Decision: March 7, 2014 Land Use Designation: Places to Shop Zoning Designation: B-4, Regional Business District The purpose of the “B-4” regional business district is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region. Overlays/Environmental NA Regulations Applicable: Current Site Use: Automobile Dealership (Vacant) Surrounding Land Uses: North: I-94, Vacant commercial to north East: Automobile Dealership South: Vacant commercial land West: Motorsports Dealership Project Description: Occupy an existing vacant automobile dealership building and refit it for the sale and display of Recreational Vehicles. ANALYSIS Vehicle Sales and Rental is an allowed use in the B-4 Zoning District by Conditional Use Permit. The property was developed previously as an automobile dealership use, prior to its interim use as a training facility for Xcel Energy. The property developed under the B-3 zoning district, but was rezoned to B-4 at the time that Xcel Energy Planning Commission Agenda – 2/11/2014 2 occupied the property under an office and training use. B-4 zoning predominates to the west of this site, and B-3 zoning predominates to the east and south. The applicants propose to make only nominal changes to the property and building, primarily related to building access and showroom doors. No additional screening, fencing or landscaping is proposed. The site will also undergo a signage update, but the applicants have stated that they will comply with the sign ordinance requirements. A signage plan is forthcoming as a part of the applicant’s occupancy of the building. The standards under which the original automobile dealership was developed are similar to those in the current ordinance, which are as follows: 2.4(D)(4) (a) Conditional Use Permit Criteria Approval of a Conditional Use Permit application requires that the City find that conditions can be established to ensure that all of the following criteria will always be met: (i) The conditional use will not substantially diminish or impair property values within the immediate vicinity of the subject property; (ii) The conditional use will not be detrimental to the health, safety, morals, or welfare of persons residing or working near the use; (iii) The conditional use will not impede the normal and orderly development of surrounding property for permitted uses predominant in the area; (iv) The conditional use will not pose an undue burden on public utilities or roads, and adequate sanitary facilities are provided; (v) The conditional use can provide adequate parking and loading spaces, and all storage on the site can be done in conformance with City code requirements; (vi) The conditional use will not result in any nuisance including but not limited to odor, noise, or sight pollution; (vii) The conditional use will not unnecessarily impact natural features such as woodlands, wetlands, and shorelines; and all erosion will be properly controlled; (viii) The conditional use will adhere to any applicable additional criteria outlined in Chapter 5 for the proposed use. (See below.) 5.2(F) (29) Vehicle Sales or Rental (a) The minimum building size for any vehicle sales or rental use shall comply with the standards in Table 5-3. [Table 5-3 requires that buildings on lots of 4 acres or more be at least 40,000 square feet or 15% of the lot area, whichever is greater.] (b) When abutting a residential use, the property shall be screened with an opaque buffer (Table 4-2, Buffer Type “D”) in accordance with section 4.1(G) of this ordinance. (c) All lighting shall be in compliance with Section 4.4 of this ordinance. (d) The outside sales and display area shall be hard surfaced. (e) The outside sales and display area does not utilize parking spaces which are Planning Commission Agenda – 2/11/2014 3 required for conformance with this ordinance. (f) Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the Community Development Department. (g) There is a minimum lot area of twenty-two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. (h) A drainage system subject to the approval of the Community Development Department shall be installed. These standards are all in place and expected to be compliant with the current improvements. Staff has asked the applicant to provide a certificate of survey to verify final site dimensions as a part of the applicant’s use of the property. The applicant has indicated that a surveyor is working on this requirement and expect to have the survey complete prior to the City Council’s meeting on February 24. As a part of the use, the applicant has indicated that they will be doing some service and maintenance of recreational vehicles that are for sale, or are being prepped for new buyers. Staff confirmed that the applicants will not be storing heavily damaged vehicles on the site, and as such, no issues are expected relating to screening or other permitting for the proposed use. B. ALTERNATIVE ACTIONS 1. Motion to adopt Resolution 2014-010 recommending approval of the Conditional Use Permit for Quality RV. 2. Motion to deny adoption of Resolution 2014-010 based on findings to be made by the Planning Commission. C. STAFF RECOMMENDATION Staff recommends approval of the Conditional Use Permit, based on the applicant’s representations that the site will be updated, but used essentially in its current configuration. The improvements were made originally to be in compliance with the requirements for the current CUP language, and the site should facilitate the use in conformance with ordinance standards. D. SUPPORTING DATA A. Resolution 2014-010 B. Land Use Application C. Applicant Narrative D. Preliminary Proposed Site Plan E. Site Marketing Flyer Z. Conditions of Approval Planning Commission Agenda – 2/11/2014 4 EXHIBIT Z Conditional Use Permit for Vehicle Sales and Rental 3801 Chelsea Road Lot 1, Block 1, 90th Street Addition . 1. The applicant will prepare a certificate of survey and submit it for final review for confirmation of site design and use prior to occupancy. 2. Signage plans will be submitted for permits in accordance with sign ordinance allowances and processing. 1 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2014-010 Date: February 11th, 2014 Resolution No. 2014-010 Motion By: Seconded By: A RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR VEHICLE SALES AND RENTAL AT 3801 CHELSEA ROAD, LOT 1, BLOCK 1, 90TH STREET ADDITION WHEREAS, Quality RV has requested a Conditional Use Permit for the Sales and display of Recreational Vehicles at the above noted property; and WHEREAS, Vehicle Sales and Rental is allowed by Conditional Use Permit in the B-4 zoning district, the zoning applicable to said parcel; and WHEREAS, the Planning Commission held a public hearing on February 11, 2014 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The proposed use is consistent with the existing and future land uses in the area. 2. The proposed use is consistent with the improvements and requirements for such uses in the applicable zoning district. 3. The proposed use can reasonably occupy the subject property without negative impacts on surround properties or public facilities. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota: The Planning Commission recommends that the City Council approve the Conditional Use Permit for Vehicle Sales and Rental, subject to the following conditions: 1. The applicant will prepare a certificate of survey and submit it for final review for confirmation of site design and use prior to occupancy. 2 2. Signage plans will be submitted for permits in accordance with sign ordinance allowances and processing. ADOPTED this 11th day of February, 2014, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: _______________________________ Brad Fyle, Chair ATTEST: ______________________________ Angela Schumann, Community Development Director Re:Conditionalusefor3801W.ChelseaRd.Monticello,MN55362 Iamwritinginreferencetotheconditionalusepermitweareapplyingfortorelocateour recreationalvehiclesalesandservicebusinessfromRamsey,MNtothecityofMonticello. QualityRVhasbeeninbusinesssince1990andmaintainsahighstandardwhenitcomesto serviceandsales. QualityRV’sbusinessmaintainshoursMondaythroughSaturdayfrom8:00AM-7:00PMMonday throughThursdayand8:30AM-5:00PMFridayandSaturday.Thepropertylocatedat3801W. ChelseaRoadisset-upperfectlyforourbusiness.Theexistingstructureandpavedlotwillbe utilizedforsales,serviceandrentals.Wewillusetheexistingplacementforsignageandwill alsoinstallsignageontothebuilding.Theeastsideofthebuildingwillbeusedforsaleslot spaceandthewestsideofthebuildingwillbeusedforServiceunitsandsoldunitswaitingfor delivery.Theeastsideofthelotwillconsistbothofnewandusedunitsforsale. Approximately75%oftheunitsforsalewillbenewand25%used.Normallyusedunitsforsale arenotmorethan10yearsold.Unitsover10yearsoldareapproximately2%oftotalsales. Customerswillparkinthedesignatedcustomerparkingareaneartheshowroommaindoor. Employeeswillparkonthewestsideofthebuildingwithanareamarkedoffwheretheservice unitsarelocated.Allservicecustomerunitswaitingforservicewillbedirecteddirectlyinside thebuildingwherethecustomerunitcheck-inareaislocated.Oncethecustomersunitis droppedoffthecustomerwillproceedtothecustomerparkingontheeastsideofthebuilding. Iftheunitwillberepairedatalaterdatetheunitwillbeplacedonthewestsideofthebuilding inthedesignatedcustomerunitsarea. Thebusinesswillcomplywithalllocal,stateandfederalcodes,rulesandlaws. QualityRVmatchesallcriteriaforanapprovaloftheconditionalusepermit.Thebusinesswill notdiminishorimpairpropertyvalues.Ifanythingitwillhelpincreasevalueswithinthe immediatevicinity.Thebusinesswillmaintainastandardinwhichitwillnotbedetrimentalto anyonethatworksorlivesneartheproperty,thebusinesswillusetheentirepropertyforits daytodaybusinessthereforewillnotimpedeonanysurroundingpropertiesorits development,thebusinesspropertyislargeenoughtoprovideadequateparkingforits inventory,customerandemployeeparkingandloadingandunloadingofanyinventory,andwill alwaysconformwithanycitycode,thebusinesswillnotimpactanynaturalfeaturesasitwill solelyusetheexistingstructureandparkinglotatthefacility.Thebusinesswilladheretoany toanyotherapplicablecriterianeededtomaintaintheconditionaluseatthehighest standards. Monument Sign Used unit RV Display New RV Display Employee parking Eventually freestanding lighted sign Employee parking Service unit pkg Sold unit parking Customer parking Quality RV channel lettering sign Quality RV channel lettering sign Planning Commission Agenda – 2/11/2014 1 6. Public Hearing – Consideration of an amendment to the Monticello Zoning Ordinance, Chapter 6 – Non-Conformities, Section 2. Applicant: City of Monticello (NAC) Planning Case Number: 2014-006 A. REFERENCE & BACKGROUND Request(s): Amendment to the non-conformities section of the Zoning Ordinance to clarify current language and coordinate with statutory requirements for non- conforming uses and buildings. Deadline for Decision: NA Land Use Designation: NA Zoning Designation: NA ANALYSIS These amendments are necessary to bring the ordinance into conformance with state statute and eliminate possible expansion of non-conformities beyond what is intended by the City. The current language in Chapter 6, Section A(1) could be interpreted in such a way as to allow for expansion of any non-conforming use in any district. Staff’s understanding of what was intended at the time of the re-drafting of the code was instead specific to allowing minimal expansions to single-family uses which may no longer be allowed in a given zoning district. The following underlined language may be added for clarity and general consistency with other statutes and ordinances: 6.2 Authority to Continue (A) Legally conforming existing structures and uses in existence on the effective date of this ordinance as denoted in Section 1.4 which become non-conforming to this ordinance shall not be considered legally non-conforming, but instead and shall be treated as follows: (1) A use which is no longer permitted due to a change in zoning shall be considered a legally non-conforming use subject to all conditions for such use as outlined in this ordinance, and shall not be expanded, except that legally non-conforming owner-occupied residential uses may be expanded to improve livability, provided the expansion meets all other applicable conditions of the zoning district in which the residential use is located and does not increase any existing non-conforming condition on the property, including the number of residential units in a building. Planning Commission Agenda – 2/11/2014 2 (2) A structure which becomes non-conforming to a required setback or setbacks shall be viewed as a legally non-conforming structure. subject to the following: (a) The existing setback or setbacks for the structure which would otherwise be nonconforming to this ordinance shall be considered the required minimum setbacks or setbacks for that structure only on the subject lot. (b) Expansions and additions to such structures shall meet all other requirements of this ordinance with the exception of the new minimum setback or setbacks established by Section 6.3(A)(2)(a) above. These changes limit the expansion of non-conforming uses to buildings that contain non-conforming residential uses, and then prohibits the expansion of non-conforming structures in ways that would not meet the requirements of the zoning ordinance. For example, a residential use (say, an owner-occupied single family home) is located in an area that is eventually zoned for commercial use. Under the proposed clause, the homeowner could add a building addition, provided the addition meets the other zoning regulations, even though residential uses are not allowed in the district. This would be an allowance that is limited to owner-occupied residential uses exclusively. Since the point of the non-conformity regulations is to eventually seek a change in the use of the subject property, these types of expansions of non-conformities would normally be prohibited. If desired, an additional section could be added to Chapter 6 to specifically address expansions of other non-conforming buildings and structures. This section would outline the parameters for allowing for an expansion and establish a process, typically through administrative review or conditional use permit, for evaluating the impact of the proposed expansion prior to granting approval or recommending denial. However, this type of clause would limit the ordinance’s effectiveness in seeking land use changes. The goal of the amendment is to restrict the expansions to existing single-family homes that do not meet updated setback requirements or are located in districts where residential use is not permitted. The proposed amendments would tighten the rather broad reading that is in place currently. B. ALTERNATIVE ACTIONS 1. Motion to adopt Resolution 2014-011 recommending approval of an ordinance amendment. 2. Motion to deny adoption of Resolution. Planning Commission Agenda – 2/11/2014 3 C. STAFF RECOMMENDATION Staff recommends the amendment. The current language essentially eliminates any ability for the City to enforce land use changes for non-conforming uses or structures, even though State law permits this type of regulation. D. SUPPORTING DATA A. Resolution 2014-011 B. Monticello Zoning Ordinance, excerpt Chapter 6, Section 2 1 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2014-011 Date: February 11th, 2014 Resolution No. Motion By: Seconded By: A RESOLUTION RECOMMENDING ADOPTION OF A ZONING AMENDMENT RELATING TO NON-CONFORMITIES, SECTION 6.2 OF THE MONTICELLO ZONING ORDINANCE WHEREAS, the Planning Commission finds that the zoning ordinance is in need of amendment to address the treatment of non-conformities; and WHEREAS, Minnesota Statutes Section 463.357 define the limits of City authorit y in regulation of non-conformities; and WHEREAS, the Planning Commission held a public hearing on February 11, 2014 on the application and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The zoning ordinance is inconsistent with the limitations and regulations of State law relating to treatment of non-conformities. 2. The intent of the zoning ordinance regulation is to limit the further expansion of non- conforming uses and structures, and encourage eventual consistency with zoning standards. 3. Non-conforming owner-occupied residential structures should be able to expand, provided such expansion is consistent with other zoning regulations. 4. The proposed amendments best reflect the City’s policies toward the treatment of non-conformities. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota: The Planning Commission recommends that the City Council adopt the amendment to the zoning ordinance identified as Ordinance No. 590 2 ADOPTED this 11th day of February, 2014, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: _______________________________ Brad Fyle, Chair ATTEST: ______________________________ Angela Schumann, Community Development Director CHAPTER 6: NONCONFORMITIES Section 6.2 Authority to Continue Subsection (E) Specific Standards for Temporary Uses City of Monticello Zoning Ordinance Page 391 CHAPTER 6: NONCONFORMITIES 6.1 Purpose It is the purpose of this chapter to provide for the regulation of non-conforming buildings, structures, and uses and to specify those requirements, circumstances, and conditions under which non-conforming buildings, structures, and uses will be operated and maintained. The zoning ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures, and uses not be permitted to continue without restriction. Furthermore, it is the intent of this chapter that all non-conforming uses shall be eventually brought into conformity. 6.2 Authority to Continue (A) Legally conforming existing structures and uses in existence on the effective date of this ordinance as denoted in Section 1.4 which become non-conforming to this ordinance shall not be considered non-conforming, but instead shall be treated as follows: (1) A use which is no longer permitted due to a change in zoning shall be considered a conforming use subject to all conditions for such use as outlined in this ordinance. (2) A structure which becomes non-conforming to a required setback or setbacks shall be viewed as a conforming structure subject to the following: (a) The existing setback or setbacks for the structure which would otherwise be nonconforming to this ordinance shall be considered the required minimum setbacks or setbacks for that structure only on the subject lot. (b) Expansions and additions to such structures shall meet all other requirements of this ordinance with the exception of the new minimum setback or setbacks established by Section 6.3(A)(2)(a) above. (B) With the exception of structures and uses that meet the requirements of Section 6.3(A), any structure or use lawfully existing upon the effective date of this ordinance as denoted in Section 1.4 may not be expanded, but may be continued—including through repair, replacement, restoration, maintenance, or improvement—unless: (1) The nonconformity or occupancy is discontinued for a period of more than one year; or Section 1.4: Effective Date MN Statute 462.357 subd 1e CHAPTER 6: NONCONFORMITIES Section 6.2 Authority to Continue Subsection (E) Specific Standards for Temporary Uses Page 392 City of Monticello Zoning Ordinance (2) Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality ma y impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. (3) Notwithstanding subsection (2) above, any nonconforming use located in the floodplain overlay district that is destroyed by fire or other peril to the extent of greater than fifty (50) percent of its market value, as determined by the Community Development Department, shall be regulated to the extent necessary to maintain eligibility in the National Flood Insurance Program, and in no case shall be continued or re-established in a manner that results in potential flood damage or obstructs flood flows in the floodway. (C) Nothing in this ordinance shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Inspector. (D) No non-conforming building, structure, or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this ordinance adoption unless such movement shall bring the non- conformance into compliance with the requirements of this ordinance. (E) A lawful non-conforming use of a structure or parcel of land may be changed to lessen the non-conformity of use. Once a non-conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non-conformity. (F) Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the non-conforming use. CHAPTER 6: NONCONFORMITIES Section 6.5 Building Permits and Ordinance Amendments Subsection (E) Specific Standards for Temporary Uses City of Monticello Zoning Ordinance Page 393 (G) Normal maintenance, necessary non-structural repairs, and incidental alteration of a lawful non-conforming sign includes repair or maintenance of existing lettering done without changing the form or design of the lawful non-conforming sign. (H) Alterations may be made to a building containing or related to a lawful non-conforming residential unit when said alteration will improve the livability thereof, provided the alteration will not increase the number of dwelling units. In the B-4 zone, alterations or expansion may be made to a building containing or related to a lawful non-conforming residential unit when said alteration or expansion will improve the livability thereof, provided the alteration or expansion will not increase the number of dwelling units and provided that such alteration or expansion shall not constitute more than 50 percent of estimated market value. Said value shall be determined by City or County Assessor. All adjoining property owners and the Monticello EDA shall be provided notice of plans to expand non-conforming residential structure. Expansion may occur only after completion of a 30-day notice period. 6.3 Discontinuance (A) A nonconforming use shall not be reestablished after discontinuance of the use for a period of one year or more. (B) Efforts to renovate or repair the use as allowed in Section 6.3 are not considered discontinuance, provided all appropriate permits and/or development approvals are obtained, and provided the renovation or repair is completed within one year from commencement of repair or renovation, and the use is re-established within one month from the time the renovation or repairs are completed. Failure to complete the repairs or renovation within one year or to reestablish the use within one month following repairs or renovation shall constitute discontinuance, and a nonconforming use shall not be re- established. 6.4 Change in Use When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use. CHAPTER 6: NONCONFORMITIES Section 6.6 Existing Nonconforming Lots Subsection (A) Required Merger of Common Ownership Lots Page 394 City of Monticello Zoning Ordinance 6.5 Building Permits and Ordinance Amendments Any proposed structure which will, due to an ordinance amendment, become non-conforming but for which a building permit has been lawfully granted prior to the effective date of a new ordinance taking effect, may be completed in accordance with the approved plans provided construction is started within sixty (60) days of the effective date of the applicable ordinance, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. Such structure and use shall thereafter be a legally non- conforming structure and use. 6.6 Existing Nonconforming Lots (A) Required Merger of Common Ownership Lots (1) Except as may otherwise be provided for in this ordinance, when a group of two (2) or more contiguous lots or parcels of land are owned or controlled by the same person, the following shall apply: (a) If all lots are conforming to lot width, area and frontage requirements, all lots may remain separate parcels; (b) If one or more of the contiguous lots or parcels of land do not conform to either lot width, area, or frontage requirements, than: (i) Such nonconforming lots shall not be sold or developed as a separate parcel of land; and (ii) Such nonconforming lots shall be combined with adjacent lots or parcels under the same ownership or control so that the combination of lots or parcels will equal one (1) or more lots each meeting the full lot requirements of this ordinance or will lessen the existing nonconformity. (2) The combination of lots shall be in accordance with Title 11 of the City Code. City Code Title 11: Subdivision Code CHAPTER 6: NONCONFORMITIES Section 6.6 Existing Nonconforming Lots Subsection (B) Vacant or Redeveloped Lots City of Monticello Zoning Ordinance Page 395 (B) Vacant or Redeveloped Lots With the exclusion of parcels within the Floodplain Overlay District established in Section 3.7(C) of this ordinance, legal, nonconforming, vacant lots of record may be developed for single-family detached dwellings upon approval of a building permit under the following conditions: (1) Legally Established The lot in question was legally established in accordance with requirements of this code existing at the time of its creation and is a separate, distinct tax parcel. (2) Allowed Use Single-family residential dwellings are an allowed use within the base zoning district. (3) Minimum Lot Size (a) Sewered Lots: A legal nonconforming lot having direct access to municipal sewer, as determined by the Community Development Department, shall be considered buildable provided measurements for lot area and lot width either meet minimum requirements or are within sixty six percent (66%) of the requirement of the base zoning district. (b) Unsewered Lots: A legal nonconforming lot not having access to municipal sewer shall be considered unbuildable. (4) Access The lot in question has frontage on and will directly access an improved public street. (5) Health Concerns Public health concerns (potable water and sanitary sewer) can be adequately addressed. (6) Setback and Yard Requirements The setback and yard requirements of the base zoning district can be achieved. (7) Shoreland Requirements If the parcel is located within the Shoreland Overlay District, development of the lot shall not result in more than twenty-five percent (25%) of the lot being covered with impervious surfaces. Section 3.7(C): Floodplain District CHAPTER 6: NONCONFORMITIES Section 6.6 Existing Nonconforming Lots Subsection (C) Developed Lots Page 396 City of Monticello Zoning Ordinance (C) Developed Lots An existing conforming use on a lot of substandard size and/or width may be expanded or enlarged if such expansion or enlargement meets all other provisions of this ordinance.