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CITY of ORONO
Post Office Box 66�Crystal Bay,Minnesota 55323•Municipal Offices
� On the North Shore of Lake Minnetonka
• ' • •
February 15 , 1983
Record Lot 4�37
Mark C:" Kaiser
6621 Watervan Ave.
Edi na, ��1N 55343
Dear Island Landowner :
The 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 Nunber
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 ordinance
then "grandfathers" building rights for these Record Lots by making them
eligible for lot area variances . This means that for the first time
even if your 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 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 for you to automatically receive the benefits of the lot area
variance , you should review and complete the following before July 1 ,
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&ZONING—473-7357 • ADMINISTRATION&FINANCE—473-7358 • PUBLIC WORKS—473-7359
ASSESSING
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 naving
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 Distri�t , includin� the following
residential uses :
a) If you use or have used your cabin FOR MORE THAN 180 DAYS/YEAR.
b ) If ,�ou have riORE 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 yeilow page and return it
to the City . We will send you the appropriate application form by
return :�ail .
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 interesr 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 ,
���',
' `s... /��(�' --/ �;�i _.
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� Alan P . Olson
City Planner
Enclosures
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` "' ��y�A ' L Yost Uffice $ox 66�Cryatal Bay, Minnesota 55323•Municipul Offices
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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 4�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 co�on-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.
This RECORD LOT consists of 2 tax parcel(s)
Record Lot #3 7 as follows:
Jan Akerberg
4075 Highwood Rd 23-117-23 23 0015
Mound, MN 55364
23-117-23 23 0016
-- i
APPROXIMATE SIZEO .6 5Acx�s & CLASSZFZCATION:
(size is exclusive of any wetlands)
OVER 10 ACRES, (may be SUBDIVIDABLE)
OVER 5 ACRES, but LESS THAN 10 ACRES
(conforminq but not SUBDIVZDASLE)
X SUSSTANDARD/BUILDABLE (less than 5 acres7
a new seasonal cabin may be built, or an � EXISTING USE CLASSIFICATION
existing seasonal cabin may be improved,
added-onto or replaced, subject to setbacks, X RECREATIONAL USE ONLY (without a cabin}
permits, etc., but without requirinq further I SEASONAL CASIN, used 180 daya or less!year �
City Council review) � (if your cabin is used more than 180 days/
UNBUILDABLE (lneans a vacant lot of lesa than year, please complete the YELLOW application)
1/Z acre; may be used for recreational purposes � Seasonal Cabin plus a PRIVATE GUEST CABIN
aithout a cabin, but requires a Council approved i _Other CONDITIONAL 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 YOUR �
PROPERTY, you must file a fo nnal 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
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Cit� o� ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
� APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO_��
• " • • 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) /taxpayer (s) of record of the f ollowing described property
located within the RS Seasonal Recreational Zoning District of the
City :
Lots 29 and 30 , Mdrse Island Park, Hennepin County, Minneso�.a �
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 :
l . This RECORD LOT including alI 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 comp-
liance with all building permit , setback, hardcover , on-site sewage
treatment and other performance standards for development in the
RS District .
PAGE Z ; RECORD LOT N0 . 3' : 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
r 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 EXPZRES
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
Y ;�.��,'a�:...f��.• `
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CITY of ORQIOTG
� Yost Uffice Box 66•Crysta) Bay,Minnesota 55323•Municipul Offices
� � � On the North Shore of Lake Minnetonka
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 FOLLOWING DESCRIBED LAND (all
of which combined are identifed as Orono Record Lot No. 3 7 ) : �
23-117-23 23 0015
23-117-23 23 0016
CITY N0. 38
FOR 19 TAX YEAR Signature of Fee Owner
, .
- Signature of Taxpayer (if different)
Taxpayer's Mailing Address
(OFFICE USE ONLY)
COMBINED CURREN� VALUES
A OR AGR EXMP. LAND BUILDING MACHINE TOTAL FULL TOTAL
N. H. AND TRUE ASSESSED
BUILDING dc ZON[IVC—473-7357 • ADMINISTRATION dc FINANCE—473-7358 • PUBLIC WORKS—473-7359
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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.
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