The URL can be used to link to this page

Home My WebLink AboutCorrespondence with landowner re zoning Pl. ,�a�_.`,�� _, ¢� r �j '" ��i F r 3 °��y4��= CITY of �ORONO .,�.�,;�,,�:., ��;��t: Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices :L � On the North Shore of Lake Minnetonka a - a � , 4 . February 15 , 1983 Record Lot �114 $ � 23 D. J. Kilbane l0^73 Pascal St. Pau1 , r1N 55113 Uear Island Landowner : Tlle purpose of this letter is to provide you with information regarding the recent zoning changes on Big Island , and how these changes may affect your property . The new RS Seasonal Recreational zoning regulations were established by City Council adoption of Ordinance !i246 on December 30 , 1982 . This action also ended the development moratorium that had been in effect since November 9, 1981 . A summary of the ordinance is attached . If you are interested , a complete text of the ordinance is also available for a nominal charge of $3 . 00 to defer printing and mailing costs . Your property is identified in the ordinance by the Record Lot Number shown above and on the attached blue page . This identification is part of a special section that inventories lot by lot the ownership patterns and existin� uses of island property . Based on this record , the ordinance rhen "grandfathers " building rights for these Record Lots by making them eligible for lot area variances . This means that for the first time even if yol�r lot is less than five acres (or two acres under the previous ordinance) that you may now build a new seasonal cabin , or if you already ' have a cabin� that it may continue to be used , improved , added-onto or replaced with a ne�o cabin , subject to building permits and setback regulations , etc . , but without questioning its use for building purposes , and without requiring any special City Council review . In order for you to automatically receive the benefits of the lot area variance , you should review and complete the following before July l , 1983 : 1 . Please verify the Record Lot information on the attached blue page and notify the City if there is a problem or a change . (over ) BUILDING& 'LONItiG —473-7357 • AD1�11NISTRATION& FINANCE—473-7358 • PU(3LIC WORKS —473-7359 ASSESSI�'G . Island Landowners Februar�� 1 � , 1983 Page '? 2 . If the Record Lot informatio�l is complete , please sign , iiave notarized and return the white Variance Resolution . State law requires that all zoning variances be recorded with the County Recorder in reso '_ution forn. Returnir.g this resolution is optic�ria:l , but if you choose not to do so , you may be required to pay a fee. and file a formai variance application in the future if yot� eve_ plan to do aay building on the propert} . There is no fee for having this automatic variance recorded at tllis time . 3 . If your Record Lot cansists oi two or nore separate tax parcels , a green form for requestino a combined assessment is enclosed . Please sign and return this to the City to allow your tar, records to be changed into or,e parcei consistent with the zoning and to assurc: the most fave�able ta�c rate possible . 4 , P_ conditional use permit issued b�- the City Council is required for certain land uses in the RS District , including the follo:vi:,� residential llSES : a) If you use or have used ;our cabin FOR MORE T'H9N 180 DAYS /YE�R . b ) If you have :�10P,� THAN ONE CABIN on youur property . Refer to the enclosed yellow stleet for a derir.ition of these uSes including a description of when a special per�it is or is not required . If you wish to apply for a permit , mar:c the yellow page and return it to the City . [,'e will send }�ou the appropriate application form b,� return mail . , A postage-paid envelope is enclosed for your use in returi:ing the above forms to the City . If you have any questions about this , please call Alan Olson or Jeanne Mabusth at 473-7357 . On behalf of the City Council and Plannin� Commission , I want to take this opportunity to thank each and everyone of you whose interest and participation this past year has helped so much in the completion of this planning process . I have certainl� enjoyed meeting all of you and learning so much about your island . I hope this last step can be kept as simple as possibl.e so that �our property rights can be correctly recorded for your future benefit . Sincerely , % /� �� / .= ��'�' _ [�� Alan � O1 son City Planner Enclosures . �, 1 �� - t` ; �I�� O� ��._.... ;�� f�� Yost Uffice Box 66•Crystal Bay, b7innesota 55323•141unicipal Of(ices � `'`: 473-7357 !. �4 �� ``�'�' On the North Shore of Lake Minnetonka ORDINANCE N0. 246 RS SEASONAL F.ECREATIONAL ZONING OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1983 This notice is provided to the owner/taxpayer of record according to Ordinance �i246, Section 34.336. The following Record Lot classification will be considered accurate and final unless you have some reason to dispute the facts used to make the classification. Record Lot identification forms the basis for the granting of automatic lot area variances that "Grandfather" existing properties of less than 5 acres in area. RECORD LOT means all the contiguous or abutting land owned in corunon by the same person or persons as of November 9, 1981, (the effective date of the island moratorium) or at any time such cor.unon-ownership may occur thereafter, including one or more separatel}� platted lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circunstances and actual use patterns existing on the islands, also included within the definition of a "Record Lot" is commonly-ownzd land that is contiguous except for being separated only by platted unopened public right-of-way. This RECORD LOT consists of o� tax parcel(s) as follows: Record Lot �123 �. �. Kilbane a3 -ii7- a3 a2 000u� 1878 Pascal St. Paul � t4�� 55113 �,3 — //� _ �3 �� /� APPROXIt�1ATE SIZE I� � ACRES 6 CLASSIFICAT20:7: (size is exclusive of any wetlar.dsl OVER 10 ACi<ES, (.^.t�y be SGDDIVIDhBLE) OVER 5 ACRES, but LESS THAN 10 ACRES (conforming but not SUSDIVIDABLE) �SUBSTnNDARD/EUILDABLE (less than 5 acres; a new seasonai cabin may be built, or an EXISTING USE CLhSSIFICATIOti existing seasonal cabin may be improved, added-onto or zeplaced, subject to setbacks, RECREATIO.�AL USE OtiLY (without a cabin) permits, etc., but without requiring further _�SEASO:dAL CABIN, use3 180 days or less/year City Council review) (i: your cabin is used mo:e than 180 clays/ UNSUZLDASLE (r.�eans a vacant lot of less than year, please complete the YELLOW applicationl 1/2 acze; may be used for recreational purposes Seasonal Cabin plus a PRIVATE GUEST CABIN without a cabin, but requires a Council approved _Other CONDZTZONAL USE variance to be built on) ' L PLEASE VERIFY THE ACCURACY OF THE ABOVE INFORMATION. If there is an error or a change, please mark the correction and return this page to the City in the enclosed postage- paid envelope. We want this permanent record to be correct. IF YOU WISH TO CHALLENGE THE R�CORD LOT DETERMINATION AND/OR THE CLASSIFICATION OF YOUR PROPERTY, you must file a formal written appeal before July 1, 1983 , or the record lot will remain classified as above. Sign below and return along with a separate letter stating the problem and facts supporting any change. Additional information may be requested to verify any challenge such as surveys, utility bills, copies of recorded deeds, etc. - Owner/Taxpayer Date Phone � .��. 2 �� c�t o� oR,oNo Y�� 9 {� � RESOLUTION OF THE CITY COUNCIL NO. e APPROVING A LOT AREA VARIANCE FOR RECORD LOT N0�?� � � � � PURSUANT TO ORDINANCE N0 . 246 , SECTION 34 . 366 BE IT RESOLVED by the City Council of Orono , Hennepin County , Minnesota : FINDINGS 1 , That is (are) the owner (s) / ta:;payer (s) of record of the following described property located within the RS Seasonal Recreational Zoning District of the City . Lot 46 ar�d Lot "A" , Morse Island Park Hennepin County, Minnesota 2 . That in adoption of Ordinance No . 246 , the City Council reviewed ownership , development and use patterns on the islands and has determined that all the above described property combined is and shall hereinafter and henceforth be one "RECORD LOT" as defined in Section 34 . 366 of said ordinance . 3 . That all the above described property when combined as one RECORD LOT is still less than the minimum lot size required for new lots in the RS District , but that this RECORD LOT is being used and/or may be used in the future for any permitted use in the RS District without adverse affect upon public health , safety , or welfare . CONCLUSION The City Council of Orono hereby grants a lot area variance to the above described RECORD LOT based on the above findings and subject to the following Conditions : 1 . This RECORD LOT includino all the above described property combined shall henceforth be continued in common ownership by the same person or persons even if recorded as separate lots or tax parcels , and it shall not be subdivided , sold in parts , reduced in area or otherwise separated without application for and approval of a subdivision by the City . This condition shall not preclude future sale or transfer of the complete "RECORD LOT" as a single unit . 2 . Granting this variance means this RECORD LOT may be used for one- family seasonal recreational use without a struct��re ; or a single new seasonal dwelling may be built ; or an existing seasonal dwelling may be used , improved , added-onto or replaced ; all without requiring further City Council review of lot size , but subject to strict comp- liance with all building permit , setback , hardcover , on-site sewage treatment and other performance standards for development in the RS District . PAGE 2 ; RECORD LOT NO . �: RESOLUTION N0 . 3 . Granting this variance shall not vest any rights in the property other than as specifically provided in OrdiTiance No . 246 , and silall not preclude a future City Council from amending , modifying or other- wise limiting development rights and /or performance standards in the RS District . 4 . The undersigned has read and understood the terms of this resolution and on behalf of himself , his heirs , successors and assigns , agrees that the above described property constitutes a single RECORD LOT ; agrees that the RECORD LOT use may be so limited by the City ; and agrees to the recording of this resolution in the chain of title of the property . Adopted by the Orono City Council on the day of , 1983. ATTEST : CITY OF ORONO City Clerk Mayor ( 1 > �Z) Property Owner (s) STATE OF riINNESOTA ) ) ss . COUNT� OF HENNEPIN ) On this day of , 19 , before ne , a Notary Public within and for said County , personally appeared known to me to be the person(s) described in and who executed the foreooing instrument , and acknowledged that he (they) executed the same as his (their) free act and deed . NOTARY PUELIC MY COMAIISSION EXPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386 . 77 . State Deed Tax Due Hereon : E�_empt This instrument was drafted by : City Of Orono P . O . Box 66 Crystal Bay , Mn . 55323 473-7357 � y ; 2-�.�`� � s�,��}� �`, ' � _.�,� 3 � �`��r f'��, �'t ; ;;:� �� _��-�',�tKv �t��t ¢�� =��_��<<�jr CI�Y of O�i�l�T�� 7"-�i{F�s�Y}��`��r,� . . .. .. ��u ��,,�,� fx�<i �`��'' h�`�� Yost Office Box 66•Crystal Bay, Minnesota 55323•Municipul OfSces ti�.eV�' , �""�,4' r „�d t:.: r� �' �� ` ��.�` � On the North Shore of Lake Minnetonka �.,r:or �,�._� PLEASE COMPLETE AND RETURN THIS FORM TO THE CITY OF ORONO in the attached postage-paid envelope. Doing this wi11 result in combining your separate tax parcels into one parcel for assessing purposes consistent with the current RS .zoning. T0: Vernon T. Hoppe �� ` � � �� ,1983 Finance Division Director (please date) 603 Administration Tower Government Center Minneapolis, Mn. 55487 • DEAR SIR: I HEREBY MAKE A REQUEST FOR A COMBINED ASSESSMENT ON THE FOLLOWING DESCRIBED LAND (all , of which combined are identifed as Orono Record Lot No. '� ) : a3-ii� - �3 a� oa�� 3 -i�2 -�3 � a� �/� �// � �'�( r CITY N0. 38 Signature of Fee Owner e— FOR 1983 TAX YEAR � Signature of Taxpayer (if different) / �J � �'1 � �"�"'�. / �:� c�� - . Taxpayer's Mailing Address S�fi-•��' � /vi--�., (OFFICE USE ONLY) COMBINED CURRENT VALUES H OR AGR EXMP. LAND BUILDING MACHINE TOTAL FULL TOTAL N. H. AND TRUE ASSESSED BUILDING&ZO�(NG—473-7357 . • AO!�tl!�IS'TRATION& FINANCE —473-7358 • PUBLIC WORKS—473-7359 .ccr.oc�rvi- � 7'elephone �73-7357 � �. � .J��ti� � T ��::��. CITY of OROl` O �k� � PusL Uffice l3ux (iG•Crystal Bay, Minnesota 55323•Municipal Offices a On the North Shvre of Lahe Minnetonka s - � c� May 13 , 19 8 3 ` �_/�.�3► /tB /`�J�a7✓1e v�r �Z,�:Q� ✓Q�ce � �4�C�""'/�%j, Mr . Dennis Kilbane 1878 Pascal St. Paul , Minnesota 55113 .s- ''.. __ Re : Big Island - Record Lots�# & #23 � ......._.>. �.,� ___.......:..:.. . Dear Mr . Kilbane : Enclosed are separate information packets on your two Big Isl�nd lots and their status urider the revised zoning ordinance adop�ed last December. I recommend that you consider completing and returning the va=-iance resolution forms (#2 ) provided for both properties . This will ensure that both lots receive the full grandfather building rights designed into the new ordinance . I also recommend that you complete ar-:d return the green lot combination form (#3 ) for record Lot #23 . I apologize for the d�lay in getting this information to you. You will note that the ordinance and attached forms include a Jult- l, 1983 , deadline for your response . I would appreciate your response by that date, but because this notice was delayed, we will extend the actual deadline to September l , 1983 . Thank you for your cooperation . Sincerely, .;� , ;�, �' ��:�� '�� ,��i"��-- Alan P. /Olson City Planner APO/ams Enclosures ��'�I ��y ,l � SP�T WELD, Incorporated s4s-1393 2290 WyCliff Str2et Area Code 612 � St. Paul, Minnesota 55114 �/, May 25, 1983 .'... I 1 ��1r'�'I �j�_ �� SPOT SELD I MAY 2 719�3 I City of Orono ; ��•� �•� TUBES P.o. sox 66 1 ;,ITV ��"� r,�1j,i�'�v �..._....,._. ....,._ew�.._�,...... RESISTANCE Crystal say, Mn. 55323 WELDING EQUIPMENT Gentlemen: SPECIAL & In compliance with your request on Ordinance #246, RS STANDARD We are returning your official notice. BAR STOCK It is our understanding that all platted lands, heretofore SPECIAL exempt from building, will be now be grandfathered as FORGINGS buildable, less than 5 acres. REPAIR SERVICE In the last paragraph, you ask us to sign it, and state facts supporting any change on our parcel numbered 14 MIG WELD TIPS on the Big zsland map. SEAM WELDER The record will show that this was originally ten (1) WH E�LS lots, that in a transaction with Hennepin County and SPECIAL the Orono Commission, were grouped to one and the existing roads were vacated and moved to one side. ELECTRQDES HOLD ERS Ordinance #264RS- Recreational Record Lot #23, consistinq of two (2) tax parcels, pretty much stands on it's own CABLES and we ask that this be grandfathered in also. COPPER These are shown as Lots 23. PLUNGER TIPS Please return, to us, those sheets that are not necessary QUALITY to you. CONTROLS Thank you. EDUCATIONAL yours very truly, PROGRAMS , , ,- a' ` � „ '�.tu ,-., ,,,_,.. i �E�. , �� ,_`- ,�..:`_, Dennis J. Kilbane DJK:cj enc. k � �� ; -, � . �, . i �rys, �'��'��,.�"�x��A � ., 1' � � � '��s�+�� a �� .. ^� i 4 � �y�. .�rc y �, � 't�� N �. � ( �1 'xt.i;,,,,�, r ja �,�;, �� t � �' � . . � 7.� ,�1�'.hy i�'F� �p... t � . � � . �m�'. � �ry � i t r , ��`��'of UR�� U �'tW II�tN+�w�s Ait"•Cr}•.�a.l EZay.�►iiaoorota 5.SS21•Muaieipal Otl�ces • � _ � � On the 1Vvrlh Shor�►pf j,akt.�linnttonka May 27 , 1983 Mr. Dennis Kilbane 1878 Pascal St. Pau1, MN 55113.,,�. -- ""A".. � '1 Re: Big Island" Record Lots��and #23 3 �l. . .,...--� Dear Mr . Kilbane : Thank you for your letter o� :�aY 25 , 1983 . You are correct that the rie�a ordinance grandfathers building �� rights for the existing isla.id lots like yours that are less than five acres . The blue sheets are intended simply to notify you of the in- formation we have about your lots . The record lot we call #14 is about 2 . 7 acres in size ai�d is still vacant . The record lot we call #23 is about 1 . 2 acres in size and has your cabin. Both lots are grandfathered by the ordinance . We intended that you sign and return the blue form onl if some of the facts we show were in error. What you need to do to protect your grandfather rights is to sign, have notarized and return the two white variance forms (#2} . See the back side of these forms where it says "property owner" and notary public . The reason for this step is that state law requires all zoning variances be approved by resolution and be filed on the chain of �title of the property . The "grandfather" clauses in the ordinance are in fact variances in the legal sense for any lot less than five acres . By completing this resolution now you will be assured of receiving the full benefit of the "grandfather" variances with- •�ut having to later go through a formal variance review procedure . BUILUING& 'LONING—473-7357 • ADMINISTRATION&PINANCE—473-7358 • PUBL[C WORKS— 473-7359 ASSLSSING ,�, .� �• s Mr. Dennis Kilbane May 27 , 1983 page 2 For example, you would be able to build on lot 14 by meeting setback and building permit requirements but without having to qo throu_qh Planning Commission and City Council review of your plans . I am therefore returning to you the blue and white forms . You can keep the blue ones (if they are correct) , but do consider completing and returning the white ones . I hope this answers your questions . n � Sincerely ` , �%', ��' � -;� I: % /i �� ,,''� ,`��,; r C�f�. �;� ,/;i ��. ;��..: � . , c.. Alan P. O1� City Planner APO: jl "Arr:�-�..�k��..� � - _..,� . � �� .'. � �� ` y� `' CITY of ORONO :�.Y, :. �_.� .: " �d-� �- *�;' Post Office Box 66•Crystal Bay,Minnesota 55323•Municipal Offices :w:, '"� ..�aE° +bj� f� h;- �.;., '�`3 ;.,., ! �`�'��'�+�y On the North Shore of Lake Minnetonkd April 5, 1990 Delbert E. Miller Land Acquisition Officer Suburban Hennepin Regional Park District 12615 County Road 9 P.O. Box 41320 Plymouth, MN 55441 Re: Tax Parcel 23-117-23 22 0019 Dear Del: Thank you for your letter of April 3rd, regarding the Dennis Ri lbane property. In reviewing our fi le to verify that a demolition permit and final inspection was done for removal of the structure on that property, I found no demolition permit had ever been applied for nor issued, hence prior to your phone call we had no documentation that the building was gone. We would appreciate it if you would arrange to obtain the necessary demolition permit ( $50.50 ) and arrange to have one of the bui lding inspectors transported to the site to verify that the demolition has been completed to the City' s satisfaction. Once that inspection is made, I will be happy to request that the Finance Department remove the 1989 septic bill assessment and penalty (which shows up on the 1990 tax statement you enclosed) and eliminate future septic inpsection fees for the property. If you have any questions please call me at 473-7357 . Sincerely, ,�" ,� s' �� Michael P. fron, Asst Planning & Zoning Administrator MPG/jb cc: Lyle Oman, Senior Building Inspector Bruce Vang, Field Inspector Tom Ruehn, Finance Director BUILDING&ZONING-473-7357 � ADMIMSTRATION&FINANCE-473-7358 • PUBLIC WORKS-473-7359 ASSFSSING FAX-473-0510