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Home My WebLink Aboutcopy of ordinance #246 - recreational use ,. ;,' r� � ` �� , � � �' CITY of U �� RON� �" F � � �. � �t��f I� �� ,, 'ry� �; ��'� Yost Uffice �3ox 66•Crystal Bay, Minnesota 55323•Municipal Offices � ' , � � �� ;1 t ; �.��,��,.�P��+��,t On the North Shore of Lake Minnetonka �"`t�.._.:.w..�.-..''`_� ORDINANCE N0. 246 �1 RS.SEASONAL RECREATIONAL ZONING �* 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 kitchen 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 determine 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 1, 1983. Applications received after that date will loose any "grandfather" rights and will be subject to all fees and other requirements of regular conditional use applications. (continued on back) BUILDING&"I.ONING— 473-7357 • ADMINISI'RATION&FINANCE—473-7358 • PUBLIC WORKS—473-7359 ASSIiSSING r.J„ . , ' ..iC�'1 �t`. +,.,�� ` �� CITY of ORONO F� .f p k��,�'y �r� r�� L l� �+�� ,"`��* '� Post Office Box 66•Crystal Bay, Minneaota 55323•Municipal Offices � ��k�,a�.�s. '�;,.:..; .' ��, �, �°� On the North Shore of Lake Minnetonka �,��, �� ,� ,Y:. �r�;.x�::�:�.. March 10 , 1986 Jan Akerberg 4075 Highwood Rd Mound, MN 55364 Re: Record Lot #37 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 ro er 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 loga). D) A description of specific uses that require a Conditional Use Permit (yellow paper) . Page 1 of 2 Bl?ILDING&ZONING -473-7357 • ADMINISTRATION&FINANCE-473-7358 � PUBLIC WORKS-473-7359 ASSESSIN G r F) An of�icial lut cc.�mbinati�n/combined ass2ssment request form (Your lots as descriked o� the official record lot notice must be legalZy combined as part of the automatic lot area variance process ) . (Green papnr ; . F) A summary of the 1383 "RS" Zoning Ordinances. The procedure to follow in order to be granted the automatic lot 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 a II 3 capies back to the City. • 2 ) If you wish to apply far a specific use that requires a Conditional Use Permit, note that on the yellow form and return that form also. 3) Sign the green lot combination form and return it to the City urith the other items. Farms must be submitted by Wednesday, April 30, I986 in order to be gr.ar.ted the variance at no cost. P�ease contact Mike Gaffron at the City officPs at 473-7357 if you have any questions. Sincerely � , � ,/� ::_�. /��; � i � __�'� �l`' /`'_ Y Michael P. Gaffrc,n ��sistant Zoning Administrator Enclosure Page 2 of 2 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 � summary 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 CHANGING 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 star.dards and regulations that govern all land use and development in the RS Seasonal Recreational Districtc 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 Pa�e 2 than 180 days in any one year; b) single family recreational use of land without a dwelling; and c) publicly-owned and operated dav-use parks , nature areas or wildlife preserves . 34 . 363 . Land use types allowed in the RS District by Conditional � Use Permit are : a) single 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 , �roups 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 nerformance 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 of public lands including platted rights of way requiring 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 lot 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 lot 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 £ormal combination o� separate tax parcels prior to issuance of any building permit , variance or conditional use permit . 34 . 367. This section continues the existin� minimum lot width requirement of 200 feet . ' 34 . 368 . This section nrovides for minimum setbacks from lakeshore, wetlands , pronerty lines and between bui�dings. 34 . 369. This section continues the existin� 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 nlumbing requirements , special security requirements and special fire protection requirements . All 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 extin�uishin� equipment available within 5 years . . ��ag� 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 S years . At least one fire extin�uisher is required in every habitaUle building includin� all dwellings . 34 . 372 . This section establishes special requirements to insure adequate on-site sewage 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 all 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 garbage , refuse , • rubbish or debris . 34 . 374 . This section continues the existin�; prohibitions against open burning without a per�it , except for camp fires or cooking f ires . 34 .375 . This section continues the existing nrohibitions a�ainst cutting of 6" or larger 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 sewa�;e treatment , security, fire protection and other performance standards . Failure to apply for the variance will be prima facie evidence that the use did not lawfully exist as of November 9, 1981 . � 34 . 377 . This section states that regulations applying to non- con£orming uses are not intended to apply to substan dard lots of record based on lot size a].one, 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 all of the required setback dimensions. - 34. 379 . This section reserves to the City the right to make future amendments to the ordinance, including 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 chan�ing a11 lands on Big Island, Mahpiyata Island and Deerin�; Island from the LR-�A-1 Zoning . District to the RS ZoninQ District , and includes the 1ega1 descriptions of such land. 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 S : 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 CITY of ��.. . Yust Uffice }3ox 66•Crystal Bay, Minnesota 56323•Municipal Offices On the North Shore oj Lake Minnetonka ORDINANCE N0. 246 (� RS.SEASONAL RECREATIONAL ZONING GENERAL INFORMATION ABOUT CONDITIONAL USE PER�IITS 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 ase 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 I81 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 kitchen 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 determine 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 1, 1983. Applications received after that date will loose any "grandfather" rights and will be subject to all fees and other requirements of regular conditional use applications. (continued on back) Bl ILUI'�G Bc ZU\1.\G - 473-7357 � 4UM1\ISTKATIO'�dc fl\AtiCE. - �73-7353 • Yl'BLIC NORhS - 4i3-.'3jY �SSE_SSIA'G 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 te 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. �I ,