11-22-2004 Council Packet - Laserfiche WebLink

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EXHIBIT C hold a public hearing or hearings on each application for a permit. Notice of the public hearing shall be given not less than ten days nor more than 30 days prior to the date of the hearing by publication in the legal newspaper for the city. Such notice shall contain the description of the land and the proposed use. At least ten days before the hearing, the city clerk shall mail an identical notice to the applicant and to each of the property owners within 350 feet of the outside boundaries of the land in question. Failure of the property owners to receive notice shall not invalidate the proceedings. At the public hearing, the planning conunission or the council shall review the application and the statements and drawings submitted with the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. (Code 1984, § 10.31(5)) .................. Sec. 78-568. Lot area requirements. Within any RS seasonal recreational district, no new lot or parcel shall be created less Ilian 5.0 acres in dry-buildable lot area exclusive of any designated wetlands. Within any RS seasonal recreational district, the following provisions shall govern the buildability, use and/or subdivision of each existing record lot: Record lot definition. For purposes of the RS seasonal recreational district, a "record lot" shall mean all the contiguous or abutting land owned in common by the same person or persons as of November 9,1981 , or at any tunc such common ownership may occur thereafter, including one or more separately platted lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on the islands, also included within the definition of a "record lot" is commonly owned land that is contiguous except for being separated only by platted unopened public right-of-way. Each record lot shall be considered in its entirety to be one lot for zoning purposes. a.The effective date for dctcnuination of conunon ownership is November 9,1981, the date of adoption of Ordinance No. 238, establishing a moratorium on development, including land subdivision, on the Lake Minnetonka Islands. Common ownership as of that date has been and shall be deteimined by the deeds of record at the county recorder's office. This definition shall not preclude the city from recognizing or enforcing the common ownership/lot of record provisions of Ordinance No. 172, or any other similar prior ordinance. b.The council has identified and establishes 69 record lots on Big Island, Mahpiyata Island and Dccring Island as listed by record lot