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Council Exhibit D Date Application Received: 10/20/09 Date Application Considered as Complete: 10/20/09 60-Day Review Period Expires: 12/19/09 To: From: Date: Chair Kang and Planning Commission Members Evelyn Turner, City Planner November 16, 2009 Subject: #09-3433 Richard Hanson, 340 Big Island (Record Lot #25) -Street Vacation and Lot Area Variance -Public Hearing Zoning District: RS -Seasonal Recreation (5 acres) Lot Area: 1.12 acres Lot Width: 120 feet Application Summary: The owner requests vacation of unimproved Meta Comet Avenue as well as a lot area variance to clarify the status of the property. Sta.ff Recommendation: Planning Department Staff recommends and approval of the lot area with conditions Pertinent Zoning Ordinance Sections Sec. 78-9. Vacation of streets, alleys and public grounds. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stat.§ 412.851. 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: (I) 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. a. The effective date for determination of common ownership is November 9, 1981, the date of adoption of Ordinance No. 238, establishing a moratorium