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' F . _ . . . a �� $'�'"6 'J 2'�`� �r��,�F�� $+ 'a�*, � . . ., . ,�. . :_ � _ . . . -. � , . � �v s _ . , . . . . ; . . ,...- . .. . _ .. ^-x..�.�',` _ . � �` '� ' � ai. t �'•�� i a �� ,a` �� '�'= ` 'k� }.:� CI'T'Y of .Ol�ONO � � mt�" � r. �.M 4 ��» � t': � �c t '��' �,;rW, 7� � � :...:.k� .�a. � R:`2x �, � , ,�' _ Post Office Box 66•Crystal Bay,Minnesota 553`L3•Municipal Offices 4.� �,.(.� , �� s;�� 3 ��P P� �, � ��, c ;;,��,��.,�,.�- On the North Shore of Lake Minnetonka � � ��:��,��'' �� ; ,,:. , �.:,. ._. .�..s-�r� F e b r u a r y 15 , 19 3 3 �O /Qr'jr�Gr7U �.Q_ �f, d� 9�,��'3 -----r�..,-,�, / � F:ecord Lot ;E18'�$ �� .QO�r V�r/Q�� John & Reo Uran 20525 Fark Place Excei s i or, h1P1 55331 Dear Islan:l Landowner : The purpose of this letter is to provide you with information regarding the recent zonin� changes on �ig Island , and how these changes may ai�ect your property . The new RS Seasonal Recreational zonino regulations were established by City Council adoption of Ordinance �r'246 on Deceraber 30 , 1982 . This actioa 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 teY� 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 a*tached blue pa;e . This identification is part of a special section that inventories lot by lot the ownership patterns and existing uses of island propert.y . Based on this record , the ordinance then "orandfathers" buildin; rights for these Record Lots by making them eligible for lot area •�ariances . This means that for the first time even if your lot is less than five acres (or two acres under the previous ordinance) t:�at you r�ay 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 new 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 f. or you to automatically receive the benefits of the lot area variance , you should review and compl.ete the following before July 1 , 1983 : l . PleasP verify the Record Lot information on the attached blue page and notify the City if there is a problem or a change . (over) Bl'ILDItiG& ZONING — 473-7357 • ADM[NISTRATION&FINANCE — 473-7358 • PUBLIC WORKS— 473-7359 ASSESSIti G Island Landowners February 15 , 1983 Page 2 2 . If the Record Lot information is complete , please sign , have notarized and return the white Variance Resolution . State law requires that all zoning variances be recorded with the County Recorder in resolution form. Returning this resolution is optional , but if you choose not to do so , you may be required to pay a fee and file a formal variance application in the future if you ever plan to do any building on the property . There is no fee for having this automatic variance recorded at this time . 3 . If your Record Lot consists of two or more separate tax parcels , a green form for requesting a combined assessment is enclosed. Please sign and return this to the City to allow your tax records to be changed into one parcel consistent with the zoning and to assure the most favorable tax rate possible . 4 . A conditional use permit issued by the City Council is required for certain land uses in the RS District , including the following residential uses : a) If you use or have used your cabin FOR MORE THAN 180 DAYS/YEAR. b) If you have MORE THAN ONE CABIN on your property . Refer to the enclosed yellow sheet for a definition of these uses including a description of when a special permit is or is not required . If you wish to apply for a permit , mark the yellow page and return it to the City . We will send you the appropriate application form by return mail . A postage-paid envelope is enclosed for your use in returning 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 Planning 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 certainly enjoyed meeting all of you and learning so much about your island. I hope this last step can be kept as simple as possible so that your property rights can be correctly recorded for your future benefit . Sincerely , ��' �`, � �-' .�- . A an P. Olson City Planner Enclosures ►' � 1 , � E . �I�� , �. t ;:�__: � �... ._ _. ,� ; ` ' •• Post Uffice k3ox 66•Crystal Bay, bfinnesota 55323•Municipul O fices ':�: . , �� 4;3-7357 -''' '` '' ' ` On the North Shore of Lake Min►:etonka ORDINAIVCE N0. 246 RS SEASONAL RECREATIONAL ZONING OFFICIAL RECORD LOT NOTICE FE�RUARY 15, 1983 This notice is provided to the owner/taxpayer of record according to Ordinance ��246, Section 34.336. The follo;ainc Record Lot classification will be considered accurate and final unless }�ou have same reason to dispute the facts used to make the classification. Itecord Lot identification forms the basis for the granting of_ automatic lot area variances that "G:andfather" existing properties of less than S acres in area. RECORD LOT means a21 the contiguous or abutting land owned in common by the same person or persons as of November 9, 1981, (the effective date of the' island moratorium) r�r at any time such common-owner�hip ma} occur thereafter, including one or nore sep�rate�r platted lots or uaplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on t1Ae islands, also included within the definition of a "Record Lot" is commonly-ownzd land that is contiguous eYcept for being separated only by platted unopened public right-of-way. This RECORD LOT consists of � tax par�el(s) as follows: Record Lot ;,`18 John & Reo Uran 20525 Fark Place Fxcelsior, t•?r� 55331 23 —//7- 23 �.2 0�� APPROX2l�SATE SIZE I��ACRES S CLASSIFICAT;0:1: (size is exclusive of ar,y actlar.dsl OViR 10 AC:<iS, (nay be SI�DIVIDA9LE) 0�'ER 5 ACRES, but LESS :fiAN IO ACRES (cor_orsiaq but not SU3DI�lIDaHLE) �S�JHS:'A.'�DARD/BU2LIIADLE (less than S acres; a new seasonal cabin may be built, oz an L'!ISTING U5� CLASSIFICATION existing seasonal cabin may be i:^.proved, added-onto or zeplaced, subject to setbacks, RECR�ATIO:IAL L'SE 05LY (without a cabin) permits, etc., but without requiri�g furthet �SEASONAL CABZN, used 130 days or less/year City Council zeview) fif your cabin is used ^tore than 180 ciays/ UNHUZLDABLE (.:,eans a vacant lot o! less than year, please cor.r�lote t`�e YELLOW apolicatiosf) 1/2 acze; may be used for recreational purposes Seasonal Cabin plus a PRIVATE GJ�ST CABIN aithout a cabin, but requ�res a Council app:oved _Other C0:702TSONAL USE variance to be built on) � PLEASE VERIFY THE ACCURACY OF THE ABOVE INFORMIITIOV. if there is an error or a change, please mark the correction and return thi.s Tage to the City in the enclosed postage- paid envelope. We want this permanent record to be correct. IF YOU WISH TO CHALLENGE THE RECORD LOT llETERMINATION AND/OR THE CLASSIFICATION OF YOU't2 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 far_ts supporting any change. Additional information may be requested to verify any challenge such as surveys, utility bills, copies of recorded deeds, etc. Owner/Taxpayer ` Uate Phone , r - ;�_ , � �� t, �'Fr: �, ��;��K��; CITY of ORONO y� L M ":��y �' t , r.�,��;! '' Post Office Box 66•Crystal Bay,Minnesota 55323•Municipal Offices ; . , � p i w ��. ��" r..lS �,a��, .��R�,,'. On the North Shore of Lake Minnetonka March 10 , 1986 John & Reo Uran 20525 Park Place Excelsior, MN 55331 Re: Record Lot #18 Dear Big Island Landowner : In reviewing our Big Island files, it has come to the City's attention that you (or a previous owner of your Big Island property) never returned the proper forms for granting of an automatic lot area variance in 1983, when the "RS" or Seasonal Recreational Zoning District was created. Perhaps this was an oversight, or perhaps you did not wish to return the forms at that time. In either case, your Big Island property currently has NOT been officially granted variances to lot area or lot width, and you would have to file for these variances in order to be allowed to do any building or remodeling on your property. Although nearly 2/3 of the Big Island property owners returned the proper forms to be granted the lot area variances in 1983 (at no cost to the property owner), approximately 1/3 have not returned them, and the filing fee for a variance application currently is $150.00. Because there may have been some misunderstandings of the no-cost automatic variance procedure in 1983, ou again have the opportunity to return the proper forms and be granted the lot area variance at no charge. � Attached you will find the following documents: A) Copy of letter to you dated February 15, 1983, describing how to be granted the automatic lot area variances. B) The official record lot notice (blue paper) . C) 3 copies of an official resolution draft (white paper with green City logo). D) A description of specific uses that require a Conditional Use Permit (yellow paper) . Page 1 of 2 BUILDING&ZONING—473-7357 • ADMINISTRATION&FINANCE—473-7358 • PUBLIC WORKS—473-7359 ASSESSIN G + F) An official lot cc�mbination/combined assessment .request form (Your lots as descriked an the official. recorei lot notice must be legally combined as part of the automatic lot area variance process ) . (C�reen pa�:�r? . F) A summary of the 1�83 "RS" Zoning Ordinances. The procedure to follow in order to be granted the automatic lat area variance is as follows : 1) Review the information on the blue record lot notice. If no changes are necessary, sign all 3 copies of the official resolution draft and have them notarized. Send aIl 3 capies back to the City. • 2 ? If you wish to apply for a specific use that requires a Canditional Use Permit, note that on the yellow forzn and return that fornt also. 3? Sign the green Iot combination form and return it to the City witn the ethe� items. Forms must be submitted by Wednesday, April 30, 1986 in order to be granted the variance at n� cost. Please contact Mike Gaffron at the City offices at 473-7357 if you have any questions. Sincerely i :.��/^A �,��/, � /�C 1-�+""1�_ • �^ / / � / Michael �. Gafffon �1�sistant Zoning Administrator Enclosure Page 2 of 2 •�+- T� �, vs r` t � ' ", � ',+�� 'i -��jr 1!Ij �:� .t1,`.5.� � `��X-�4�� ,.��2 CITY of ,��110T0 , �;� .�; �,.�,. �� ,� ��: ; ��• �v�.�� Q. � -� � �,µ„' Poat Office Box 66•Crystal Bay,Minnesota 55323•Municipal Officee af;�'l�,�,�.,�.1�..., r;�_� :: �>�1 :,_�a it:ti�•� �_. �...�j.i �=�!„��.-,.� ,.i� ,.,�-�.�:;�:� On the North Shore of Lake Minnetonka i ��,�j�a��L°,+�. � � .�: ,,. ,,. ,-s . �.�.�:..:.:;:� � i February 15 , 1933 �'f0 /Qr/�r �, R,j. d� 9�,�C"��3 I �' � R cord Lot �E18 �� `GQ.Qds var/Q-��=G , n ' 20525 Fark Place � Excel s i or, hiP1 55331 I . � Dear Island Landowner: � , The purpose of this letter is to provide you with information regarding i the recent zoning changes on Big Island , and how these changes may ! aifect your property . ; The new RS Seasonal Recreational zoning regulations were established � by City Council adoption of Ordinance �f246 on Decenber 30 , 1982 . This action also ended the development moratorium that had been in effect since November 9 , 1981 . i � A sum�ary of the ordinance is attached. If you are interested , a ; conplete test of the ordinance is also available for a nominal charge � of $3 . 00 to defer printing and r�ailing costs . I i Your property is identified in the ordinance by the Record Lot Nu�aber ! 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 existing uses of island propert.y . Based on this record , the ordinanc i then "orandfathers" buildin� rights for these Record Lots by making them ieligible for lot area �ariances . This �►eans that for the first ti�e ' even if your lot is less than five acres (or two acres under the previous ; ordinancej that you r�ay now build a new seasonal cabin , or if you already � have a cabin� that it �ay continue to be used , improved , added-onto or ; replaced with a new cabin , subject to building permits and setback ' regulatio:�s , etc . , but without questioning its use for building purposes , � and without requiring any special City Council review. i In order for you to automatically recefve the benefits of the lot area ; variance , you should review and complete the following before July 1 , ; 1983 : i ' l . Please verify the Record Lot information on the attached blue page ' and notify the City if there is a problem or a change . i I I j (over) RUILDItiG& 'LO'�ING- 473-7357 • ADMI"�ISTRATION�C FINAVCF. -473-7358 • PUBLIC WORKS-473•7359 ASSESSI!�G r , Island Landowners � February 15 , 1983 Page 2 . 2 . If the Record Lot information is complete , please sign , have � notarized and return the white Variance Resolution . State law requires that all zoning variances be recorded with the County Recorder in resolution form. Returning this resolution is optional , ; but if you choose not to do so , you may be required to pay a fee � and file a formal variance application in the future if you ever plan to do any building on the property. There is no fee for having ' � this automatic variance recorded at this time . 3. If your Record Lot consists of two or more separate tax parcels , a green form for requesting a combined assessment is encZosed. Please sign and return this to the City to allow your tax records to be changed into one parcel consistent with the zoning and to assure the most favorable tax rate possible. 4 . A conditional use permit issued by the City Council is required for certain land uses in the RS District , including the following residential uses : a) If you use or have used your cabin FOR MORE THAN 180 DAYS/YEAR. b) If you have MORE THAN ONE CABIN on your property . Refer to the enclosed yellow sheet for a definition of these uses including a description of when a special permit is or is not requirec If you wish to apply for a permit , mark the yellow page and return it to the City. We will send you the appropriate application form by return mail . ` A postage-paid envelope is enclosed for your use in returning 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 Planning 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 certainly enjoyed meeting all of you and learning so much about your island. I hope this last step can be kept as� simple as possible so that your property rights can be correctly recorded for your future benefit . Sincerely , . �r. � /, �/`i"'_""'.� C.. • A an P. Olson City Planner Enclosures . � � 1 � F i`.�Y A��j.. � ��' s�14 { i �".� � ` . ` . f CITY of �R N � ' ' O O _ . �� YA� ��>�.'� ic' l,J� r ' � �� Yost Uffice Box 66•Crystal Bay, Minnesota 55323•Municipul Offices ,,. a o ��,�n� « t 473-7357 •�°�,.�.:;...�2�,,r' On the North Shore of Lake Minnetonka '.�:::u�.�.:�i ORDINANCE N0. 246 RS SEASONAL RECREATIONAL ZONING OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1.983 This notice is provided to the owner/taxpayer of record according to Ordinance ��246, 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 common by the same person or persons as of November 9, 1981, (the effective date of the island moratorium) or at any time such coIIunon-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. Record Lot #18 This RECORD LOT consists of 1 tax parcel(s)� John & Reo Uran as follows: 20525 Park Place Excelsior, MN 55331 23-117-23 22 0018 APPROXIMATE SI2E 1 '8 ACRES S CLASSIFICATION: (size is exclusive of any wetlands► � OVER 10 ACRES, (may be SUBDIVIDABLE) OVER 5 ACRES, but LESS THAN 10 ACRES (conforming but not SUBDIVIDABLE) _�SUBSTANDARD/BUILDABLE (less than 5 acres; a new seasonal cabin may be built, or an ; 6XISTING USE CLASSZFZCATION existinq seasonal cabin may be improved, added-onto or replaced, subject to setbacks, RECREATIONAL USE ONLY (without a cabin) permits, etc., but without requirinq further �SEASONAL CABIN, used 180 daya or less/year � City Council review) (if youz cabin is used moze than 180 days/ _UNBUILDABLE (means a vacant lot of less than ; year, please complete the YELLOW application) 1/2 acre; may be used for recreational purposes ' Seasonal Cabin plus a PRIVATE GUEST CABIN without a cabin, but requires a Council approved � _Other CONDITZONAL USE variance to be built on) • . . 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 RECORD LOT DETERMINATION AND/OR THE CLASSIFICATION OF YCUR • 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 � OFFICI�L RECORD LOT MAP OaDINANCE NO. 246 - DECEMBER 30, 19a2 �� ,� RS SEASONAL RECREATIONAL ZONING DISTRICT 7 / . • �� NOT TO SCALE St2te oS tilin�t. DEEAING ISLAND , 6<g JePar.: verct,u:e c.:m�, IC7SERT � �tT v � • NaKD /_��'�•l' �•� : MIN9ETONKA BEACH � '�'"'% �� . �'`�' 2 • ',�`st•s'-�-�` � � - _ nuurir+crny � �:;�,r�'�� .� ,/ `.Y r`" �►� ro ct�r �� ;ti--•--.. �" � • ,. c ; , .� � '18 1'1 ii � - i�' { ` ' � \ ♦ � � '.. :, ..;'' ., � , 10 ��4i MAtlPIYATA I.iLANO ,�i:�'; F-- `. �� : � ' �a 3 �"r� •��r'. �T��BfG tSLAND � 39 49 � . • : . IiFCttFA'lIU:: P()INT _� i ,��"+ �, .��j • r � � ��• (�,:�y, '.wer►�vo• t `:' �;��.:`�-,t�'.; . ..f ' 9 Henne,��in Pank Reaenve Di.atiu"ct � a 8 POIN'C cia�.Mt::c Dn. MLhu� AUen Wi.Ldf.i.6e/Rcluge 37 4 - ��Y�T. '�.s�'`'/,f` � 6 ' ~ /��:.: ��`�'�M'%..;'>,�:: :� 26 � � � r '�:��T � . :..�' �".i:,;=..'• ; � � -- w -�.. :J._ �'e� . ' � � 51 . 1, � 33 �'— '� �.1+ BIG ISLII��D �q . I.linne.tonkn • ' �, ,� � � �•. �Powen Squadaon 69 E"' �q • � —, , -.,,, \� 5 68 ' :', * 45 • � � f.- � ,«i. �� /r 6S • •• 75 NORTH � r ;� � 2 � � 77 2 - �� i//. ..i �,t ••.�,�.� �� 16 ,;,;. � � ..'%...f w�i:o'.�� x7 ` � 5 34 6 50 -'.�s, - ••:'� 2 .; • ECHO BAY •. ,•r• 12 4 ♦ 3S �'�' � POINT COMFORY j, .r� . .. 3O • � �� tiKA IIAY � "'�.::.. / 47 5 61 f ' B '14 . '19 32 57 53 41 1;R01'� POlNT � Cit� o� ORONO 2 �. � �;+ ,�,�� RESOLUTION OF THE CITY COUNCIL �;;��x N O. �� i�f��r 5�.,�. ; �s APPROVING A LOT ARBA VARIANCB FOR RECORD LOT NO lg PIIRSIIANT TO ORDINANCE NO. 246, MUNICIPAL ZONING CODE SECTION 10.31 BE IT RESOLVED by the City Council of Orono, Aennepin County, Minnesota: FINDINGS l. ' That is (are) the owner(s)/tax- payer(s) of record of the following described property located within the RS Seasonal Recreational Zoning District of the City: Lots 39, 40 , 41, 42 , 43, 44 , and 45 , 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 deter- mined that all the above described property combined is and shall hereinafter and henceforth be one "RECORD LOT" as defined in Section 10.31 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 withaut adverse affect upon public health, safety, or welfare. _ CONCLUSION The City Counci 1 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 including 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 structure; 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 com- pliance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. �- s k�� Cit� o� ORONO �l,� .�.a�``Y. .. t, �� :; RESOLUTION OF THE CITY COUNCIL ;�5� � �� ; NO. �''� � �` rh.° PAGE 2; RECORD LOT N0. lg : RESOLUTION N0. 3. Granting this variance shall not vest any rights in the property other than as specifically provided in Ordinance No. 246, and shall not preclude a future City Council from amending, modifying or otherwise 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 , � 19 ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor (1 ) Property owner(s ) (2 ) STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) On this day of , 198 , before me, a Notary Public within and for said County , personally appeared known to me to be the person(s) described in and who executed the foregoing instru- ment, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77. State Deed Tax Due Hereon: Exempt This instrument was drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 473-7357 �._ � M' 3 � �', ,f � � ` -�Pix4:. �� .= ��: .�:� CITY of OR(11\TO ; _, ,.�:,{ � Yost Uffice E3ox 66•Crystal Bay, Minnesota 55323•Municipal Offices � � � On the North Shore of Lake Minnefonka PLEASE COMPLETE AND RETURN THIS FORM TO THE CITY OF ORONO in the attached postage-paid envelope. Doing this will result in combining your separate tax parcels into one parcel for assessing purposes consistent with the current RS zoning. T0: Vernon T. Hoppe ,19 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 FOL WING DESCRIBED LAND (all of which combined are identifed as Orono Record Lot No. ) : " CITY N0. 38 FOR 19 TAX YEAR Signature of Fee Owner , . Signature of Taxpayer (if different) Taxpayer's Mailing Address (OFFICE LTSE ONLY) COMBINED CURREIV� VALUES H OR AGR EXI�. LAND BUILDING MACHINE TOTAL FULL TOTAL N. H. AND TRUE ASSESSED BUILDING�ZONING—473•7357 • ADAtINISTRATION dc FINAIYCE—473-7358 � PUBLIC WORKS—4�3-7359 � ARCFCCIN(: �. � � ,�;�.` i. i; � �;� �_ , � �' C I�'�' of URONO �. i n;•ka �f �..r 4' �' � � � Yost Uffice Hox 66•Crystal Bay, Minnesota 553`L'3•Municipal Offices t , r�,��, ;f ...-_ '', �,� ,�� f ` i On the North Shore o�Lake Minn.etonka r `� �'t�A_�..' .".....� ORDINANCE N0. 246 A RS.SEASONAL RECREATIONAL ZONING ��t GENERAL INFORMATION ABOUT CONDITIONAL USE PERMITS FEBRUARY 15, 1983 Ordinance No. 246 provides that certain uses of land in the RS District are allowed only by Conditional Use Permit issued by the City Council. This is because these uses are more intensive than a seasonal cabin and need special considerations due to their island location. If your property has been actively used for one or both of the following purposes, you are entitled to apply for a conditional use permit (and variance if necessary) to continue that use: SECTION 34.363(a) : TO AUTHORIZE PRINCIPAL DWELLING USE: meaning any home or cabin that is used or occupied for 181 days or more in any one year; or any dwelling regardless of the duration of use if you wish to claim a Minnesota "principal residence" homestead tax credit. If the property is not homestead, and if your total annual usage is less than 180 days (6 months) , then your use is allowed by the ordinance and you do not have to apply for this special permit. Note that even if you use the property a few days every month, it is the total number of days that count, not how these days might be spread throughout the year. SECTION 34.363(b) : TO AUTHORIZE A PRIVATE GUEST CABIN in addition to and on the same Record Lot as a principal dwelling or a seasonal cabin. A permit may also be issued for more than one private guest cabin on the same lot. Private guest cabins may be used solely by the occupants of the principal or seasonal dwelling, including their domestic employees, caretakers or non-paying guests. Private guest cabins shall not be rented or leased for compensation of any kind. If you have only one guest cabin 600 sq. ft. or smaller, constructed without indoor plumbing, toilets or �itchen facilities and used only for occasional additional sleeping space, then this use is allowed by ordinance and you do not have to apply for this special permit. � A separate application form is required for each of these uses. Detailed information is necessary to prepare an accurate permit, to speed-up the review, and to determi_ne whether or not a variance is needed. IF YOU WISH TO APPLY FOR A CONDITIONAL USE PERMIT, check one or both of the above uses and return this sheet to the City in the enclosed postage-paid envelope. You will be sent the application form by return mail. Your application will be processed with NO FEE REQUIRED if all necessary information is submitted to the City Zoning Office BEFORE JULY l, 1983. Applications received after that date will loose any "grandfather" rights and will be subject to a11 fees and other requirements of regular conditional use applications. (continued on back) BUILDING& 'LONING—473-7357 • ADMIN(STRATION&FINANCG —473-7358 • Yl!BLIC WOKKS —473-7359 ASSI{SSING In review of each application, the City Council will compare your property and use to current building and zoning code requirements. The Council may establish reasonable standards and timetables for you to make any practical changes or improvements which might be necessary to comply with current codes. Where full compliance with new requirements is impractical or would cause you undue hardship, the Council may grant a variance to allow continued non-conforming use. However, a variance will not be granted if "it would cause or allow to continue any health or safety problem. Issuance of a permit will be done by a formal "resolution" which will require your signature before final approval by the City Council. This resolution will then be recorded in the chain of title of your property as required by State Law. If you have any questions, please call City Planner Alan Olson or Zoning Administrator Jeanne Mabusth at 473-7357. CITY OF ORONO ORDINANCE NO. 246 , SUMMARY PUBLICATION On December 30� 1982 _, the Orono City Council by a vote of 4 ayes and 0 nays adopted revised zoning regulations for properties located on the three Lake Minnetonka Islands within Orono. The City Council has determined that publication of the title of the ordinance and the following � sununary of the ordinance will clearly inform the public of the intent and effect of the ordinance, and is deemed to � fulfill all legal requirements for ordinance publication. A printed copy of the complete text of the ordinance is on file at the office of the Orono City Clerk, 1335 South Brown ' Road, and is available for inspection by any person during normal office hours. ORDINANCE NO. 246 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY CHANGI�G THE ZONING DISTRICT DESIGNATION AND PERFORMANCE STANDARDS APPLIED TO BIG ISLAND, MAHPIYATA ISLAND AND DEERING ISLAND. SECTION 1 : This section of the ordinance amends the existing Zoning Code of the City by deleting the LR-lA-1 One Family Lakeshore Residential Subdistrict and by replacing it with the new RS � Seasonal Recreational Zoning District. SECTION 2: This section of the ordinance establishes the performance standards and regulations that govern all land use and development in the RS Seasonal Recreational District: 34. 361. The purpose of RS District is to implement the special comprehensive planning policies developed for Big Island, Mahpiyata Island and Deering Island. Provision of normal municipal services to the islands is difficult, costly or impossible. Therefore special regulations are necessary to insure public health and safety. These include limitations on land use types and densities, and special performance standards for fire protection, security, sanitation, and on-site sewer and water systems. 34. 362. Permitted land use types in the RS District are: a) single family dwellings used seasonally for not more r Page 2 than 180 days in any one year; b) single family recreational use of land without a dwelling; and c) oublicly-owned and operated day-use parks , nature areas or wildlife preserves . 34 . 363 . Land use types allowed in the RS District by Conditional Use Permit are : a) sin�le family dwellings used for more than 180 days a year; b) private quest cabins in addition to the main dwelling on any lot ; c) day-use recreation areas owned by private clubs , groups or assiciations ; d) overnight camps ; e) planned residential development subdivisions limited to 20 acres or more in size ; and f) keeping of domestic farm-type animals . A11 Conditional Uses are subject to City Council review and approval based upon specified performance standards . 34 . 364 . This section lists accessory uses allowed on land occupied by any permitted or conditional use . 34 . 365 . This section regulates the private use o� public lands including platted rights of way requirin� a license for any person to grade , fill or excavate such land; or to erect a dock or any other physical improvement on such land. Licenses are not required for adjacent property owners to control weeds or brush, sod, seed, mow or otherwise maintain such land in a neat and presentable manner. 34 . 366 . This section establishes a minimum dry-buildable 1ot area of five acres for any new land divisions on the islands . It further defines and identifies each existing record lot on the islands and lists each record lot as : a) subdividable : b) buildable in confor- mance with this ordinance ; c) substandard in 1ot area but buildable without need for further City Council review; or d) vacant property that is unbuildable as it stands because of extremely small size. All properties currently containing a cabin are listed as buildable. Additional provisions regulate future subdivision of these record� lots , and� require formal combination o� separate tax parcels prior to issuance of any building permit , variance or conditional use permit . 34 . 367. This section continues the existing minimum 1ot width requirement of 200 feet . � 34 . 368 . This section provides for minimum setbacks from lakeshore, wetlands, property lines and between bui�dings. 34 . 369 . This section continues the existing maximum hardcover regulations within 1000 �eet of the shoreline , 34 . 370. This section continues the existing maximum building hei�ht re�ulations . 34 . 371 . This section Provides £or minimun building construction standards including foundations , minimum floor area requirements , minimum roof requirements , minimum �lumbing requirements , special security requirements and special fire protection requirements . Al1 dwellings are required to have an approved smoke detection device installed within 2 years . All dwellings used for more than 180 days per year are required to have some form of manual or automatic fire extinp_uishin� equipment available within 5 years . , ' Page 3 AJ_1 non-residential buildings which have an occupant load of 50 persons or more are required to have an approved automatic fire sprinkler system, or equivalent , installed within 5 years . At least one fire extinguisher is required in every habitaUle building includin� all dwellings . 34 . 372 . This section establishes special requirements to insure adequate on-site sewa�e treatment on the islands based upon the level of actual use . Dry pit-type but not vault-type outhouses and innovative alternative waste treatment devises are allowed under certain circumstances . Standard septic-tank and drain- field systems are required for most �roperties . 34 . 373. This section requires property owners to remove a11 rubbish, junk and debris from their property, requires that all garbage be nacked-off the islands for mainland disposal , and prohibits the burying or burning of any �arbage , refuse , • rubbish or debris . 34 . 374 . This section continues the existin� prohibitions against open burning without a permit , except for camp fires or cookin� fires . 34 . 375 . This section continues the existing prohibitions against cutting of 6" or lar�er trees within 75 feet of the shoreline. � 34 . 376 . This section provides for a period of l years within which time all non-conforming land uses must be made fully con- forming to the use and performance standard requirements of this ordinance , unless within 6 months of ordinance adoption the landowner applys for a variance to a11ow the use to continue and to establish a timetable for compliance with on-site sewage treatment , security, fire protection and other performance standards . Failure to apply for the variance will be prima facie evidence that the use did not l,awfully exist as of November 9, 1981 . 34 .377 . This section states that regulations applying to non- conformin� uses are not intended to apply to substan dard lots of record based on lot size alone. 34 . 378 , This section provides special exceptions and standards allowing the continued use , maintenance and enlargement of existing buildings even if they should not meet a11 of the required setback dimensions. - _ 34 . 379 . This section reserves to the City the right to make future amend�nents to the ordinance , includinp, the right to modify or limit any new develapment potential which may have been p,ranted by this ordinance. SECTION 3 : This section of the ordinance amends the Official Zoning Map of the City by chanping all lands on Sig Island, Mahpiyata Zsland and Deering Island from the LR-lA-1 Zoning . District to the RS Zonin�; District , and includes the 1ega1 descriptions of such land. 1 ._ ' :'_I�� ' i SECTION 4 : This section of the ordinance repeals Ordinance No. 238 and Ordinance 241 , the development moratorium placed on the islands on November 9 , 1981. SECTION 5 : This section of the ordinance adopts the ordinance , makes the ordinance effective on the date of adoption, and provides for the publication of this summary of the ordinance . /s/ William B. VanNest , Mayor Attest : Alberta M. Strom, City Clerk l S �� /�� ` 2 -li � Nd"lE 5 T� I�/L C'" �l� o c sv � 9- �S"-�3 � ECo2l� l�'T � � �' , � ''� TNIS t��' NEEDS AN _.__:_ A�ZE./� V,4121 Q�CE PE/Z 3q.3GG Ca)3 � 3q• 366 C�) B E For��. ArUy P��L�t cTs _____ TN t 5 �`�"`� N E��S $dTN �aR.r� v.��21AN cC �S A�a�C ID.N� T�IX D�l2�EC_. CoM131�JaT1�V �2 3 q .3GG �b) �E�2E A�tv PEntit i-rs ____.� T N l S L.crT N�-�U S 2 � �, ` ' � � C�ty o� ORONO �,��f�� 4�'ro:� �a� �i l��y 'F y", ,� �y'i's,.��Y}k'i%`� . , ,. � w� t� RESOLUTION OF THE CITY COUNCIL .,'a..ti�F � 5��' ��, "'' ' " IV 0. }',�y r . ��`? � " �` �'�` APPROVING A LOT �REA VARIANCE FOR RECORD LOT NO /8 �� .�x'� PURSUANT TO ORDINANCE N0 . 246 , SECTION 34 . 366 __..,.�.r�.'.�' BE IT RESOLVED by the City Council of Orono , Hennepin County , Minnesota : FINDINGS 1 . Ttiat is (are) the owner (s) /taspayer (s) of record of the following described property located within the RS Seasonal Recreational Zoning District of the City . Lots 39, 40 , 41, 42, 43, 44 and 45, 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 �aithout 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 followin� Conditions : 1 . This RECORD LOT including all the above described property combined shail 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 sh211 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 structure ; or a single new seasonal dwelling may be built ; or an existing seasonal dwelling may be used , improved , added-onto or replaced ; alI without requiring further City Council review of lot size , but sub� ect to strict comp- liance with all building permit , setback, hardcover , on-site sewage treatment and other pezformance standards for development in the RS District . PAGE 2 ; RECORD LOT N0. : RESOLUTION N0 . 3. Granting this variance shall not vest any rights in the property other than as specifically provided in Ordinance No . 246 , and shall 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) �2) Property Owner (s) STATE OF MINNESOTA ) )ss . COUNTY OF HENNEPIN ) On this day of , 19 , before me , a Notary Public within and for said County , personally appeared known to me to be the person(s) described in and who executed the foregoing instrument , and acknowledged that he (they) executed the same as his (their) free act and deed . NOTARY PUBLIC MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386 . 77 . State Deed Tax Due Hereon : Exempt This instrument was drafted by : City Of Orono P .O. Box 66 Crystal Bay , Mn. 55323 473-7357