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Home My WebLink AboutResolution 5919 . � � /� ' �1��- Doc No T4747403 Certified, filed and/or recorded on 4/21/10 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota �,.: ` ''` `, � ��-,� � Michael H. Cunniff, Registrar of Titles °�` �-�'��` � �' " �` �' Jill L. Alverson, County Auditor and Treasurer Deputy 45 Pkg ID 556739 Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1310306 This cover sheet is now a permanent part of the recorded document. l� �o�J� �O A RESOLUTION APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO. 10 PURSUANT TO ORONO CODE SECTION 78-563 FILE NO. 10-3448 � o� 0 0 '��a..- C ITY of ORONO ,� -, ,�.. � �� G~' RESOLUTION OF THE CITY COUNCI L L`4kESH��'� rvo. 5 9 1 9 A RESOLUTION APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO. 10 PURSUANT TO ORONO CODE SECTION 78-563 FILE NO. 10-3448 WHEREAS, the following property, also known as 130 Big Island, is situated on Big Island and is zoned RS Seasonal Recreational: That part of Lot B, Morse Island Park lying northerly of a line drawn from a point on the west line of said Lot B distant 554 feet south of the Northwest con7er of said Lot B, to the Northwest corner of Lot 38, said Morse Island Park, Hennepin County, Minnesota and; WHEREAS, in adopting the RS Seasonal Recreation zoning district regulations the City Council reviewed ownership, development and use patterns on Big Island and determined that all the above described property combined is and shall hereinafter and henceforth be one "Record Lot" as defined by Orono Code Section 78-568; and WHEREAS, an application was filed for a ]ot area variance as outlined in Oroi�o Code Section 78-563(a)(2); and VVHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and tihe Orono, Minnesota, City Code, the Orono Planning Commission held a pul�lic hearin� on February 16, 2010, at which tiines all persons desiring� to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #10-3448. 2. The Planning Commission reviewed this application on February 16, 2010, and on a vote of 5 - 0 recoinmended approval of the variance. Page 1 of 2 � o� 0 0 �' � C ITY of ORONO � �� = ti �� G'�' RESOLUTION OF THE CITY COUNCIL L�kESI3�4� NO. 5 � � 9 3. The above described property is less than the minimum lot size required for new lots in the RS district, but this Record Lot is being used and may be used in the fu�ure for any permitted use in tl�e RS District without adverse affect upon public health, safety, or welfare. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the above described Record Lot subject to the following conditions: 1. This Record Lot including all the above described property shall henceforth be continued in common ownership by the same person or persons. It shall not be subdivided, sold in parts, reduced in area or otherwise separated without approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete Recard Lot as a single unit or the merging by tax parcel combination of this Record Lot with one or more other Record Lots as long as the merging results in a reduction in the number of Record Lots. 2. Granting this variance means this Record Lot may be used for one-family seasonal recreational use without a structure or the existing dwelling may be used, improved, enlarged, or replaced without requiring further City Coui�cil review of lot size, but subject to compliance with all buildin� permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall coizstitute a violation of the zonin� code, shall automatically tenninate any authority granted herein, and shall be punishable as a misdemeanor. �" -Adopted by the Orono City Council on this 8th day of March, 2010. �T�.EST: . ,. _,�. . , - . I � : �� r,�x�� ' �� ,---�� 1� "; � L�nida S. Vee,,_-C,ity�Clerk �, J�i'ies M. White, Mayar � Page 2 of 2 ...w,�,�- x � _ STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on March 8, 2010, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this l lth day of March , 2010. ,. . .n . ,. � 1f ' � +.P /` � E•„ - - . � ity Clerk � � _ (seal�) -, _ . -,�� - �, m .,. - �," , ,, . _. . �✓b " �' � ..i. , � � :.,X.•- �.