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To: From: Date: Chair Kang and Planning Commission Members Evelyn Turner, City Planner February 16, 2010 Council Exhibit 8 Subject: # 10-3448 City of Orono on Behalf of Lani S. Pennington et al. 130 Big Island (Record Lot 10) # 10-3449 City of Orono on behalf of Christine Deggendorf 750 Big Island (Record Lot 62) #10-3450 City of Orono on behalf ofV.C. McClellan and C.A.H. Clancy 350 Big Island (Record Lot 61) # 10-3451 City of Orono on behalf of Christopher Johnson Bollis 4 70 Big Island (Record Lot 22) #10-3452 Fred A. Bruntjen 240/250 Big Island (Record Lot 63 and Record Lot 67) -Lot Area Variances -Public Hearing Zoning District: RS -Seasonal Recreation ( 5 acres) Application Summary: Lot area variances are requested for five Big Island properties. Staff Recommendation: Planning Department Staff recommends approval with conditions Pertinent Zoning Ordinance Sections Sec. 78-568. Lot area requirements. (underlining added for emphasis) Within any RS seasonal recreational district, no new lot or parcel shall be created less than 5.0 acres in dry-buildable lot area exclusive of any wetlands. Within any RS seasonal recreational district, the following provisions shall govern the buildability, use and/or subdivision of each existing record lot: (l) 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 time 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. (2) The effective date for determination of common 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