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Mr. Jay T. Smedberg Page 3 March 8, 1985 2. Eugene Nelson and his relatives never have formally resolved the record lot status of this or the Mccloud property. 3. Since half of Lot 7 Morse Island Park Second Addition is separated by a roadway from your property, is not involved in your purchase agreement, and is owned by a separate party, the City will agree to designating it as a separate unbuildable record lot. 4. The original intent in defining record lots to preserve the existing patterns of usage. which you are purchasing, although owned by daughter, and son, respectively, have beeen as a single property. on Big Island was The parcels a mother, historically used 5. Section 10.31, Subdivision 6(A) of the Municipal Zoning Code defines the "record lot" in the Seasonal Recreation District, and specifically requires that when contiguous or abutting property (including properties separated _ey unimproved rights-of-way) are owned in common or become owned in common, they shall in total become a single record lot. A copy of this section is enclosed for your reference. Therefore, although I may have indicated to you over the phone last week that there might be some leeway in considering Lot C as a separate record lot, there is no question that when Lot C and Lots 6, 7, and 8 are all owned by you, they are considered as a single record lot and may never be sold separately without City Council approval under specified conditions [Section 10.31, Subdivision 6(C)}. Presuming the City approves the subdivision of the lakeshore strip, your Record Lot #16 will include the southern portion of the lakeshore strip and Lots 6, 7, and 8 and C of Morse Island Park. In order to receive benefits of the automatic lot area variance granted per Section 10.31, Subdivision (6)(F), you will have to acknowledge the record lot on a form provided by the City and apply for a combination of all separate tax parcels per Section 10.31, Subdivision 6(B). We will extend the deadline for execution of these documents to September 15, 1985. If you have not returned them by that date, no automatic variance is granted and you will have to make a formal variance application to the Council (current fee is $150) in order to construct a new cabin anywhere on the property. By completing the automatic lot area variance forms, you maintain your right to repair, expand, or replace the existing cabin. If at some future date you wish to build a new cabin and retain the old one as a guest house, a conditional use permit would be required.