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, Within any RS seasonal recreational district, no new lot or parcel shall be created less than 5.0 acres in dry- <br /> buildable lot area exclusive of any wetlands. Within any RS seasonal recreational district, the following provisions shall <br /> govern the buildability, use and/or subdivision of each existing record lot: <br /> (1) Record lot definition. For purposes of the RS seasonal recreational district, a "record lot" shall mean all the <br /> contiguous or abutting land owned in common by the same person or persons as of November 9, 1981, <br /> or at any time such common ownership may occur thereafter, including one or more separately platted <br /> lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the <br /> unique circumstances and actual use patterns existing on the islands, also included within the definition <br /> of a "record lot" is commonly owned land that is contiguous except for being separated only by platted <br /> unopened public right-of-way. Each record lot shall be considered in its entirety to be one lot for zoning <br /> purposes. <br /> a. The effective date for determination of common ownership is November 9, 1981,the date of <br /> adoption of Ordinance No. 238, establishing a moratorium on development, including land <br /> subdivision, on the Lake Minnetonka Islands. Common ownership as of that date has been and <br /> shall be determined by the deeds of record at the county recorder's office.This definition shall <br /> not preclude the city from recognizing or enforcing the common ownership/lot of record <br /> provisions of Ordinance No. 172, or any other similar prior ordinance. <br /> b. The council has identified and establishes 69 record lots on Big Island, Mahpiyata Island and Deering <br /> Island as listed by record lot number in the left-hand column of subsections (4), (5), (6) and (7) <br /> of this section. Each such record lot shall include all land identified by all tax parcel property <br /> identification numbers (PIDs) grouped together following the record lot number. <br /> c. Within 60 days after January 13, 1983, the owner of each record lot shall be notified in writing at his <br /> last recorded address of the classification of each record lot, including all tax parcels determined <br /> to be included in such record lot. All existing uses in the RS district are identified in the record <br /> lot inventory, subsections(4), (5), (6) and (7) of this section, and all such uses have been <br /> deemed to be seasonal in nature.The notice shall provide that in order to receive the benefits <br /> of the automatic lot area variances granted by subsections (6) and (8) of this section, the owner <br /> shall on a form provided by the city acknowledge the record lot and shall apply for combination <br /> of all separate tax parcels pursuant to subsection (2) of this section. Any record lot owner may <br /> appeal the record lot classification or use determination to the council with no application fee <br /> required within six months of the effective date of this division.The record lot inventory shall be <br /> considered accurate and final for all properties except those found on appeal to have a <br /> demonstrable cause for change or adjustment. <br /> d. Notice of record lot establishment shall be filed by the city in the chain of title of each property. <br /> e. Future changes in tax parcel property identification numbers caused by combination of parcels for <br /> tax purposes or for any other reason shall not alter the establishment of record lots. New record <br /> lots shall be created only by council approved subdivisions pursuant to subsection (3) of this <br /> section, or by combination of two or more complete record lots. <br /> (2) Tax parcel combination required. No new building permit,variance or conditional use permit shall be issued <br /> for any purpose on any record lot composed of two or more tax parcels unless the owner of such record <br /> lot shall apply for a formal combination of all commonly owned property into one parcel. If contiguous, <br /> all property shall be combined into one tax parcel. If separated by public right-of-way, a special lot <br /> combination form shall be executed and filed in the chain of title of each separate parcel. <br /> 3 <br />