7. Front yard and shoreland setback 8404 Great Plains Blvd. 1 CITY O F 10/8/90
7,
CHHASS _87 12 VAR
•�� - By: Al-Jaff/v
I
I STAFF REPORT
I
PROPOSAL: Front Yard and Shoreland Setback Variance for a Single
1 Family Residence
11 Z LOCATION: 8408 Great Plains Boulevard on Lake Susan
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1 U APPLICANT: Larry Paumen
mi 9712 Clark Circle
Eden Prairie, MN 55344 >,/; :
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1 PRESENT ZONING: RSF, Residential Single Family
ACREAGE: 25, 000 square feet
1 DENSITY:
ADJACENT ZONING AND
1 LAND USE: N - RSF; single family
S - RSF; single family
Q E - RSF; single family
IIW - Lake Susan
g ' WATER AND SEWER: Sanitary sewer is available to the property.
Municipal water is not available.
IW
F- PHYSICAL CHARACTER. : The property is a riparian lot with a steep
I slope to the north towards Lake Susan. The
site is vegetated with mature trees and
underbrush.
II2000 LAND USE PLAN: Low Density Residential
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Paumen Variance I
October 8, 1990
Page 2
BACKGROUND
On September 14, 1987, the Board of Adjustments and Appeals and the
City Council reviewed a variance request to the 75 foot Shoreland
Ordinance requirement and 30 foot front yard setback standards.
The request was to allow a 35 ft. shoreland and 5 ft. front yard
setback variance to construct a home on a shallow lot located
between Lake Susan and Highway 101. It was concluded that the
variance was warranted since the lot was essentially unbuildable
without one. Staff recommended approval of the request. The Board
of Adjustments and Appeals and City Council agreed and the request
was approved.
As per City ordinances, a variance is considered null if, after one 11
year passes, the building and structure has not been erected. The
applicant never constructed the structure that was approved by the
Board and City Council. Today, a new applicant is requesting
similar setbacks be approved for a different home design. The only
difference between the original variance application and the new
application is the location of the house. The structure is being ,
slightly rotated as shown in Attachment #2 . The home is proposed to
be located 2 feet further from the lake than the previous variance
which was approved by the City Council and Board of Adjustments and
Appeals. Staff feels that a precedent has been set for the new
variance and thus recommends approval with appropriate conditions.
APPLICABLE REGULATIONS 1
The Shoreland Ordinance requires a lot adjacent to a recreational
development lake to have at least 20,000 square feet (Attachment
#3)
The Zoning Ordinance requires a shoreland setback of 75 feet and a
30 foot front yard setback (Attachment #4) .
ANALYSIS
The applicant is requesting a 33 foot shoreland and a 5 foot front
yard setback variance for the construction of a single family
residence on a 25, 000 square foot lot adjacent to Lake Susan. The
Zoning Ordinance requires a 75 foot shoreland setback from the
ordinary high water mark and a 30 foot setback from the front yard
lot line. The required setbacks do not allow sufficient area for
the house to be built. The property is an existing lot of record
and contains the required minimum square footage for a riparian
lot. Without a variance to the required setbacks, the lot would be
unbuildable and could be deemed a taking. The proposed home
location provides the best site distance for access onto Trunk
Highway 101. The home is also proposed to be located where it will
preserve existing trees on the site. When the previous variance I
I
11
1 Paumen Variance
October 8, 1990
I Page 3
was applied for, the DNR approved the variance to the shoreland
setback as long as screening is maintained between the home and
Lake Susan. The same regulation would apply to the proposed
variance today. The home could be located further from Lake Susan
with an increased variance to the front yard setback but the home
1 would then remove some of the existing trees that the applicant
wishes to preserve. The home could also be straightened out so
that it would meet the 30 foot front yard setback but in doing
this, it would move the home 5 feet closer to the ordinary high
water mark of Lake Susan. The existing topography of the site will
require extensive grading for the construction of the home. To
preserve existing screening of the shoreland, staff is recommending
' that no construction or alteration to the site be permitted below
the proposed 886 ' contour line.
The Board of Adjustments and Appeals shall not recommend and the
City Council shall not grant a variance unless they find the
following facts:
' a. That the literal enforcement of this chapter would cause undue
hardship. Undue hardship means that the property cannot be
put to reasonable use because of its size, physical
' surroundings, shape or topography. Reasonable use includes a
use made by a majority of comparable property within 500 feet
of it. The intent of this provision is not to allow a
proliferation of variances but to recognize that and develop
neighborhoods pre-existing standards exist. Variances that
blend with these pre-existing standards without departing
downward from them meet this criteria.
11 * The literal enforcement would make the lot unbuildable
and could be deemed a taking. The ordinance also
mandates that staff survey the surrounding area within
500 feet. Staff discovered that the two lots located to
the north of the subject property, 8404 and 8402 Great
Plains Boulevard, do not meet the required setbacks.
Both lots have a shoreland setback of approximately 35
feet and a front yard setback of approximately 20 feet.
The lots located to the south of the subject property
' have larger setbacks as the depth of the lots is larger.
Staff concludes that the majority of comparable
properties within 500 feet ,have similar characteristics
and a variance would allow1this lot to blend with these
' pre-existing standards without departing downward from
them.
b. The conditions upon which a petition for a variance is based
are not applicable, generally, to other property within the
same zoning classification.
r
I
Paumen Variance
October 8, 1990
Page 4
* The conditions upon which this petition for a variance is
based are not applicable generally to other properties
within the same zoning classification. 1
c. The purpose of the variation is not based upon a desire to
increase the value or income potential of the parcel of land. ,
* The purpose of this variance will allow the property
owner to construct a home. The purpose of the variance
is not based upon a desire to increase the value or
income potential of the parcel of land.
d. The alleged difficulty or hardship is not a self created
hardship.
* The hardship is not self-created. The lot is an existing
lot of record which pre-exists the zoning ordinance.
e. The granting of the variance will not be detrimental to the
public welfare of injurious to other land or improvements in
the neighborhood in which the parcel is located.
* Granting of the variance will not be detrimental to the
public welfare or injurious to other land or improvements
in the neighborhood in which the parcel of land is
located. The applicant intends to preserve the majority
of the existing vegetation.
f. The proposed variation will not impair an adequate supply of
light and air to adjacent property or substantially increase
the congestion of the public streets or increases the danger
of fire or endanger the public safety or substantially
diminish or impair property values within the neighborhood. i
* The proposed variance will not impair an adequate supply
of light and air to adjacent property substantially
increase the congestion of the public streets or increase
the danger of fire or endanger the public safety or
substantially diminish or impair property values within
the neighborhood. As mentioned before, the applicant is
preserving vegetation on the site. He is locating the
driveway at a safe point that would access onto TH 101.
The side setbacks are sufficient to the south (30 feet)
and north (60 feet) which exceed the required setback of
10 feet.
RECOMMENDATION I
Staff recommends that the Board of Adjustments and Appeal approve
Variance #87-12 for a 5 foot front yard setback and a 33 foot
I
11
1 Paumen Variance
October 8, 1990
Page 5 .
shoreland variance as shown on the site plan dated June 24 , 1988,
with the following conditions:
' 1. No alteration to the site will be permitted below the proposed
886 ' contour.
' 2. Screening will be maintained between the single family
residence and Lake Susan. A tree preservation plan is to be
approved by staff prior to issuance of any building permits.
3. No additional structures shall be permitted on the site
without a variance.
' 4 . The applicant shall provide an individual water well on the
property.
ATTACHMENTS
1. Staff report dated September 14, 1990.
2 . Comparison between locations of previously approved home and
requested home.
3 . Shoreland Ordinance - Lot Area.
4 . Shoreland Ordinance - Setbacks.
5. Interior Layout of House.
I
1
City Council Meeting - September 14, 1987
Michael Gorra: There's also Section 207, special permits that would apply.
A two month permit may be issued by the City Manager for the hunting of
specified wild animals per City Council, etc., etc.
Councilman Johnson: I don't believe that applies to the no hunting area
though.
Councilman Boyt: Determined to be a definite problem in a specific area.
Definite problem in specific area. That might apply to your deer. I would
suspect that would be, and it might apply to the geese but it isn't open to
general hunting and that's section 207.1.
Michael Gorra: It says later on in your ordinance that would apply to no
hunting area.
Councilman Boyt: In Section 207 which applies to no hunting areas, it says a
two month permit may be issued and it says determined by the City Council by
resolution to be a definite problem in a specific area. And general hunting
doesn't currently fall into that so we're back to needing to amend the
ordinance to not blanket everything north of TH 5. I think you have some
reasonable arguments that you've made. I don't know that our current
ordinance allows us to open that up to general hunting and my interpretation
would be that our current ordinance doesn't. I think Roger's better qualified
to answer that one way or the other. I've heard you make arguments that you
can safely conduct a hunt. To me that's the overriding concern. If you can
safely conduct a hunt then I tend to agree with you that we should make some
arrangements so I would like to see us work in that direction. Right now, you
show us a problem, the City Council agrees that yes, that's a specific
problem. ,
Roger Knutson: That's what it said. Otherwise change the ordinance.
Councilman Johnson moved, Mayor Hamilton seconded to deny the request for a 1
shooting permit north of TH 5 for Michael Gorra. All voted in favor of motion
and motion carried.
FRONT YARD SETBACK AND SHORELAND SETBACK VARIANCE REQUESTS, 8408 GREAT PLAINS
BLVD., AL KLINGELHUTZ. '
The Board of Adjustments and Review passed this item unanimously at a meeting
held just prior to the City Council meeting. The DNR people said it was
alright as long as they didn't clearcut in front of the lake and they agreed
that that would be done.
REQUEST TO SUBDIVIDE .97 ACRES INTO 2 SINGLE FAMILY LOTS OF 22,100 AND 20,000 ,
SQ. FT. , LOTS 1-3, SHORE ACRES, ROBERT ROGERS.
Jo Ann Olsen: The property is located on Lake Riley and previously they came
1:7
in for a three lot split which was denied by the Planning Commission and
Council. The applicant is now proposing to subdivide the property into two
52
,.r
CITY O F
CHANHASSEN BOA DATE: Sept . 14 , 1987
C.C. DATE:
CASE NO: 87-12 Variance
Prepared by: Olsen/v
1
i STAFF REPORT
1
PROPOSAL: Front Yard and Shoreland Setback Variance for a
1 Single Family Residence
I
174
V LOCATION: 8408 Great Plains Boulevard on Lake Susan
iiii!
APPLICANT: Al Klingelhutz
' < 8600 Great Plains Boulevard
Chanhassen, MN 55317
' PRESENT ZONING: RSF, Residential Single Family
ACREAGE: 25 ,000 square feet
1 DENSITY:
ADJACENT ZONING
' AND LAND USE: N- Lake Susan -
S- RSF; single family
1 E- RSF; single family
W- RSF; single family
r!I
WATER AND SEWER: Sanitary sewer is available to the
property. Municipal water is not available.
1V2 PHYSICAL CHARAC. : Property is a riparian lot with
•� a steep
slope to the north toward Lake Susan.
1 The site is vegetated with mature trees
and underbrush.
1 1990 LAND USE PLAN: Low Density Residential
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1 Klingelhutz Variance
September 14 , 1987
11 Page 2
' APPLICABLE REGULATIONS
The Shoreland Ordinance requires a lot adjacent to a recreational
development lake to have at least 20 ,000 square feet (Attachment
' #1) .
The Zoning Ordinance requires a shoreland setback of 75 feet and
a front yard setback of 30 feet (Attachment #2 ) .
' REFERRAL AGENCIES
DNR The DNR does not object to the
proposed variance as long as
' the house is screened as best
possible and existing vegeta-
tion between the home and lake
' is maintained.
ANALYSIS
The applicant is requesting a 35 foot shoreland 'and a 5 foot
front yard setback variance for the construction of a single
' family residence on a 25 , 000 square foot lot adjacent to Lake
Susan . Attachment #3 illustrates the required setbacks on the
site. The Zoning Ordinance requires a 75 foot shoreland setback
' from the ordinary nigh water mark and a 30 foot setback from the
Front yard lot line. As shown in Attachment #3 , the required
setbacks permit only a small triangular buildable area. The pro-
perty is an existing lot of record and contains the required
' minimum square footage for a riparian lot. Without a variance to
the required setbacks , the lot would be unbuildable and could be
deemed a taking.
The proposed home location provides the best site distance for
access onto TH 101 . The home is also located where it will pre-
' serve existing trees on the site. DNR has approved of the
variance to the shoreland setback as long as screening is main-
tained between the home and Lake Susan. The home could be
located farther from Lake Susan with an increased variance to the
front yard setback, but the home would then remove some of the
existing trees the applicant wishes to preserve. The home could
also ne straightened out so that it would meet the 30 foot front
' yard setback but in doing this it would move the home five feet
closer to the ordinary high water mark of Lake Susan.
' The existing topography of the site will require extensive
grading for the construction of the home. To preserve existing
screening of the shoreland, staff is recommending that no
construction or alteration to the site be permitted below the
proposed 886 contour line.
I
Rlingelhutz Variance
September 14 , 1987
Page 3
The Board of Adjustments and Appeals shall not recommend and the
Council shall not grant, a variance unless they find the
following facts :
A. That the literal enforcement of the Ordinance would cause 1
undue hardship and practical difficulty. •
* The literal enforcement of the ordinance would make the lot
unbuildable and could be deemed a taking.
B. That the hardship is caused by special conditions and cir-
cumstances which are peculiar to the land and structure
involved and which are not characteristic of or applicable to
other lands of structures in the same district.
* There is a hardship as a result of the topography and existing
vegetation on the site and because the lot is riparian which
requires a 75 foot shoreland setback. ,
C. That the granting of the variance is necessary for the preser-
vation and enjoyment of substantial property rights .
* The granting of the variance is necessary for a single family
residence to be located on the property.
D . That the special conditions and circumstances are not a con-
sequence of a self-created hardship.
* The small buildable area is a result of the Zoning Ordinance '
setback requirements and is not a self-created hardship.
E. That the variance will not be injurious to or adversely affect ,
the health, safety or welfare of the residents of the City of
the neighborhood wherein the property is situated and will be
in keeping with the spirit and intent of the Ordinance . ,
* Granting of the variance would be in keeping with the spirit
and intent of the ordinance. The applicant is locating the
home to provide a 'safe access onto TH 101 and to preserve
existing trees.
RECOMMENDATION 1
Staff recommends that the Board of Adjustments and Appeals
approve a 5 foot variance to the front yard setback and a 35 foot
shoreland variance as shown on the site plan dated August 12 ,
1987, with the following conditions:
1 . No alteration to the site will be permitted below the pro- ,
posed 886 contour.
I
1
1 - Klingelhutz Variance
September 9 , 1987
11 Page 4
2 . Screening shall be maintained between the single family resi-
dence and Lake Susan.
' 3 . No additional structures shall be permitted on the site
without a variance.
4 . The applicant shall provide an individual water well on the
property.
•
' ATTACHMENTS
1 . Shoreland Ordinance.
2 . Zoning Ordinance.
' 3 . Site Plan with existing setbacks .
4 . Letter from Al Klingelhutz dated August 12 , 1987 .
5 . Application .
6 . Proposed site plan .
I
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oa LEGAL DESCRIPTION
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/ That part of the South Half of Southwest
fr
Quarter of corner of 1)-1161 he
1•� o \..Oa ' described as follows: Beginning at the northeast corner of the Southeast
A �ro eduV�. L y, p0Q 1 \ Quarter of the Southwest
9 \ / Quarter of said Section 13, thence West along
Q }o- J the north line thereof 803.8 feet to a point in the centerline of State
P1 QrIQ�1( 9 \ y 4 / Trunk Highway No. 101 as traveled, thence running South 28 degrees 41
i minutes Vest along said centerline a distance of 21.32 feet, thence
�� "� \� / / running South 33 degrees 59 minutes Vest along said centerline a dlatance
of 421.5 feet to the actual point of beginning of the tract to be deacrlbed,
ti" / ' thence continuing South 33 degrees 59 minutes West a distance of 184.4 feet,
\\ J /% \�•-•� thence running North 43 degrees 41 minutes West a distance of 176.55 feet
northeasterly to long said bshoreline atorltanintersection awl thtaelinerbearing
/ North 57/ degrees 17 minutes West from the actual point of beginning; thence
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running South 57 degrees 17 minutes East 122 feet more or less to the actual
/ point of beginning. For the purpose of this description the north line of
1 said Southeast Quarter of Southwest Quarter is considered to be a due East
New ^A�^CU� a p1
and Vest line. Containing one-half acre, more or less situated In Government/
GW (—+s1/(- tj�7ij� ao i Lot 3 and to Southeast Quarter of Southwest Quarter, Section 13_116-23.
Denotes Iron mom_,me,! ,n,.rt floor elan �c.79 Qb(). / Denote,offset stale' , „i I,,rid NnA-,w `:L
`!1 VO∎C l Q Ce \!/,,,,,,
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a, ,s fit .,n d,.rte •� y
Tt s, r Denntns V,r;,<•see',•,r•. • r f�a/voic/TI / ••
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proon ,f Q.,XI.'n.,.a,.,s fro f',s
DEMARS GARRIEI { F F /�f�f ; E
LAND SURVEYORS IN(
]0SURV SURVEYORS
/ LARRY PAUMEN
nlona 1817 55950905 -��!',^
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NR �R •
SFIOHELA_1D MANAGE\1EN '
minimize flood damages, to maintain property values, and to maintain natural \
characteristics of shore/ands and adjacent water areas, municipal shoreland
ordinances shall control lot sizes, placement of structures on lots, and altera-
tions of shoreland areas.
I (1) Lot Size
All lots intended as residential building sites platted or created by metes and
bounds description after the date of enactment of the municipal shoreland
I ordinance shall conform to the following dimensions:
(aa) For Natural Environment Waters: Lou not served by public
sewer shall be least 80,000 square feet (approximately 2 acres) in area
and at least 200 feet in width at the building line and at the ordinary high
I water mark (for lots abutting a public.water). Lots served by public sewer
and which abut a public water shall be at least 40,000 square feet (approx-
imately 1 acre) in area and at least 125 feet in width at the building line
and at the ordinary high water mark. All other lots served by a public
I sewer shall be at least 20,000 square feet(approximately 1 acre) in area and
at least 125 feet in width at the building line.
r............, (bb) For Recreational Development Waters: Lots not served by pub-
lic sewer shall be at least 40,000 square feet (approximately 1 acre) in
I area and at least 150 feet in width at the building line and at the ordinary
high water mark (for lots abutting a public water). Lots served by public
sewer and which abut a public water shall be at lea;t 20.000 square feet (ap-
proximately 1 acre) in area and at least 75 feet in width at the building line
and at the ordinary high water mark. Al o er ots served by a public sewer
shall be at least 15,000 square feet in area and at least 75 feet in width at the
building line.
(cc) For General Development Waters: Lou not served by a public
sewer shall be at least 20,000 square feet (approximately 1/ acre) in area and
at least 100 feet in width at the building line and at the ordinary high water
mark (for lots abutting a public water). Lots sened by a public sewer and
which abut a public water, shall be at least 15,030 square feet in area and
at least 75 feet in width at the building line and at the ordinary high water
l mark. All other lots served by a public sewer shall be at least 10,000 square
feet in area and at least 75 feet in width at the building line.
1. (ddof) Subo Ln n ohf h
Register Deeds on the standard date Lts:of enactment ots of of record the in Mthe unicipal of ce Soreland te County Ordi-
I nance which do not meat the requirements of NR S3 (c) (1) (an) through (dd)
may he allowed as building sites provided such use is permitted in the zoning
district, the lot is in separate ownership from abutting lands and sanitary and
dimensional requirements of the shoreland ordinance are complied with inso-
' far as practicable. Each municipal ordinance may, consistent with these
standards and criteria, set a minimum size for substandard lots or impose
other restrictions on the development of substandard lots, including the pro-
hibition of development until the substandard lot(s) are served by public
I sewer and water.
(ce) Exceptions — Exceptions to the provisions of NR S3 (c) (1)
(aa) through (ee) may be permitted for Planned Unit Developments pur-
suant to NR S3 (e) (4).
I (2) Placement of Structures on Lots
The placement of structures on lots shall be controlled by the municipal
6 :
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§ 20-614 CHANHASSEN CITY CODE
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(2) Reserved.
(3) Recreational beach lots.
(Ord. No. 80, Art. V, § 5(5-5-4), 12-15-86; Ord. No. 120, § 4(4), 2-12-90)
State law reference—Conditional uses, M.S. § 462 3595.
Sec. 20-615. Lot requirements and setbacks.
The following minimum requirements shall be observed in an "RSF" District subject to
additional requirements, exceptions and modifications set forth in this chapter.
(1) The minimum lot area is fifteen thousand (15,000)square feet.
(2) The minimum lot frontage is ninety(90)feet, except that lots fronting on a cul-de-sac
shall be ninety (90)feet in width at the building setback line
(3) The minimum lot depth is one hundred twenty-five(125)feet.
The maximum lot coverage for all structures and paved surfaces is twenty-five (25)
percent.
5) The setbacks are as'follows:
a. For front yards, thirty (30)feet. 1
b For rear yards, thirty (30)feet.
c. For side yards, ten (10)feet.
(6) The maximum height is as follows:
a. For the principal structure, three(3) stories/forty (40)feet.
b For accessory structures,three(3)stories/forty(40)feet.
(Ord. No. 80, Art. V, § 5(5-5-5), 12-15-86; Ord.No. 90, § 1,3-14-88)
Sec. 20-616. Interim uses.
The following are interim uses in the "RSF" District:
(1) Private stables subject to provisions of chapter 5, article IV. '
(2) Commercial stables with a minimum lot size of five(5) acres.
(Ord. No. 120, § 3, 2-12-90)
Secs. 20-617-20-630. Reserved.
AV\--CiC\r\ IYVJ #
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