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PC Exhibit E
<br />Sec. 82-2. -Definitions.
<br />The following words, terms and phrases, when used in this article, shall have the meanings ascribed
<br />to them in this section, except where the context clearly indicates a different meaning:
<br />Lot area, minimum, means minimum area required for each proposed lot as prescribed in chapter
<br />78. In rural zones not served by sanitary sewer, each lot must contain a minimum of two acres of
<br />contiguous dry buildable land exclusive of wetlands, public and private rights-of-way, vehicular or
<br />pedestrian easements, surface areas below the ordinary high water mark of any surface water or areas at
<br />or below the floodplain elevation for a specific property. All rural lots must comply with chapter 58, article
<br />II. In urban areas served by sanitary sewer, each lot must contain contiguous dry buildable land equal to
<br />the minimum areas as prescribed in chapter 78 or half-acre, whichever is less (exclusive of public and
<br />private rights-of-way, vehicular or pedestrian easements, surface areas below the ordinary high water
<br />mark of any surface water wetlands or areas at or below the floodplain elevation for a specific property),
<br />and have legal access to the building site without encroachment of a wetland or floodplain area.
<br />Right-of-way means a strip of land occupied or intended to be occupied by an alley, street,
<br />crosswalk, railroad, public or private roadway or easement, electric transmission line, oil or gas pipeline,
<br />water main, sanitary or storm sewer main, or for another special use.
<br />Sec. 78-568. -Lot area requirements.
<br />Within any RS seasonal recreational district, no new lot or parcel shall be created less than 5.0 acres
<br />in dry-buildable lot area exclusive of any wetlands. Within any RS seasonal recreational district, the
<br />following provisions shall 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
<br />mean all the contiguous or abutting land owned in common by the same person or persons as
<br />of November 9, 1981, or at any time such common ownership may occur thereafter, including
<br />one or more separately platted lots or unplatted parcels of land, and/or one or more separately
<br />identified tax parcels. Because of the unique circumstances and actual use patterns existing on
<br />the islands, also included within the definition of a "record lot" is commonly owned land that is
<br />contiguous except for being separated only by platted unopened public right-of-way. Each
<br />record lot shall be considered in its entirety to be one lot for zoning purposes.
<br />a. The effective date for determination of common ownership is November 9, 1981, the date
<br />of adoption of Ordinance No. 238, establishing a moratorium on development, including
<br />land subdivision, on the Lake Minnetonka Islands. Common ownership as of that date has
<br />been and shall be determined by the deeds of record at the county recorder's office. This
<br />definition shall not preclude the city from recognizing or enforcing the common
<br />ownership/lot of record provisions of Ordinance No. 172, or any other similar prior
<br />ordinance.
<br />b. The council has identified and establishes 69 record lots on Big Island, Mahpiyata Island
<br />and Deering Island as listed by record lot number in the left-hand column of subsections
<br />(4), (5), (6) and (7) of this section. Each such record lot shall include all land identified by
<br />all tax parcel property identification numbers (PIDs) grouped together following the record
<br />lot number.
<br />c. Within 60 days after January 13, 1983, the owner of each record lot shall be notified in
<br />writing at his last recorded address of the classification of each record lot, including all tax
<br />parcels determined to be included in such record lot. All existing uses in the RS district are
<br />identified in the record lot inventory, subsections (4), (5), (6) and (7) of this section, and all
<br />such uses have been deemed to be seasonal in nature. The notice shall provide that in
<br />order to receive the benefits of the automatic lot area variances granted by subsections (6)
<br />and (8) of this section, the owner shall on a form provided by the city acknowledge the
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