HomeMy WebLinkAboutLtrs and info relot of record/lot area variance needed .� -�
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March 10 , 1986 '����� �� ' � '
OR-f�► ` T� �E P�C�Ca�� L!P 8 y
Georgia Ruud �41�y'��t.1�1N�S �Q,f� ��j,/��''�1j
13611 Valley View Rd �
Eden Prairie, MN 55344 ��� g ���� 87
Re: Record Lot #8
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 I983 (at no
cost to the property owner), approximately 1/3 have nat 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, you 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&Z,ONING-473-7357 • ADMINISTRAT[ON&FINANCE-473-7358 • PUBLIC WORKS-473-7359
ASSESSIN(�
� �CANNED
I') An of�icial lut cc,mbinataon/combined assessment request for.m
(Your lo�s a;; d�scri�ed on the official recard lot notice must be
legally combined as part of the automatic lot area variance
process ) . (C�reen pa��er; .
F) A summary of the 1�83 "RS" Zoning Ordinances.
The procedure to follow in order to be granted the automatic lot
area variance is as follaws :
1) Review the informat�.on 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
�o the City.
� 2 ) If you wish to apply for a spec�fic use that requires a
Conditional Use Permit, note that on the yellow forzn and return
that form also.
3? Sign the green lot combination form and return it to the City
with the other i�ems.
Forms must be submit�ed by W�dnesday, April 30, 1986 in order to
be grar.ted the variance at n� costa P�ease contact Mike Gaffron at
the City offices at 473-7357 if you have any c�uestions.
Sincerely /
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t�ichael P. �affron
�1�sistant Zoning Administrator
Enclosure
Page 2 of 2
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� Februar 15 , 1983 Op �� ��
' Record Lot �8 l � �� K�✓�KC�
� Geor i �Psl V�w�el.ac� �
; a I 1 ey V i ew Rd kS o� q�l S��3
� �den Pra i ri e. t�iN 55344
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Dear Island Landowner :
i
The purpose of this letter is to provide you with information regarding
the recent zoning changes on Big Island , and how these changes �ay
; affect your property.
The new RS Seasonal Recreational zor.ing regulations were established
by City Council adoption of Ordinance #246 on December 30 , 1982 . This
� action also ended the development moratorium that had been in effect
' since November 9 , 1981 .
�
i A summary of the ordinance is attached. If you are interested , a
f complete text of the ordinance is also available for a nominal charge
' of $3 . 00 to defer printing and mailing costs .
I
� Your property is identified in the ordinance by the Record Lot Number
� shown above and on the at:ached 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 rfghts for these Record Lots by �aking �hem
i eligible for lot area variances . This means that for the first time
� even if your 2ot is less than five acres (or two acres under the previous
ordinance) that you way 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 Ju1y 1 ,
1983 :
1 . Please verify the Record Lot inforaation on the attached blue page
and notify the City if there is a problem or a change .
(over)
BUILDINC d� 20VItiG- 473•7357 • ADMINISTRATION t4 FINANCE -473-7358 � PIiRLIC tVORKS-473-7359
ASSESSltiG
. ���
Island Landowners �NED
' February 15 , 1983 ""�---
' Page 2
i •
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�
i 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 ou choose not to do so ,
; Y 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 Ci�y to allow your tax records to be
changed into one parcel consistent with the zoning and to assure
' the most favorable tax rate possible .
;I 4 . A conditional use
permit issued by the City Council is required
I for certain land uses in the RS District , including the following
� residential uses :
t
� a) If you use or have used your cabin FOR MORE THAN 180 DAYS/YEAR.
i
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
i 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 PZanning 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 en� oyed meeting all of you and
2earning so much about your island . I hope this last step can be kept
as• simple as possible so [hat your property rights can be correctly
� recorded for your future benefit .
! Sincerely ,
I �
i /��� �� � L, ..,----,
� - A an P. Olson
City Planner
Enclosures
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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 �6246,
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 S 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�non-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 #8 This RECORD LOT consists of 1 tax parcel(s)
Georgia Ruud as follows:
13611 Valley View Rd
Eden Prairie, MN 55344 23-117-23 23 0028
APPROXIMATE SIZE 4 • 3 ACRES & CLASSIFICATZON:
(size is exclusive of any wetlands)
OVER 10 ACRES, (taay be SUSDIVIDABLE)
�OVER 5 ACRES, but LESS THAN 10 ACRES
(conforming but not SUBDIVIDABLE)
X SUBSTANDARD/IIUILDABLE (less than S acres;
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 RECREATZONAL USE ONLY (without a cabin) (a t t h i s, t 1T11 �
permits, etc., but without requirinq further SEASONAL CABIN, used 180 days or less!pear
City Council review) i (if your cabin is used more than 180 days/
UNBUILDASLE (means a vacant lot of less than � year, please concplete the YELLOW application)
1/2 acre; may be used for recreational purposes � Seasonal Cabin plus a PRIVATE GIJEST CABZN
without a cabin, but reguires a Council approved _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 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
�
OFFICIAL RECORD LOT MAP
ORDINANCE NO. 246 - DECEMdER 30, 19II2 ��������
♦ � ,�
RS SEASONAL RGCREATIONAL 20NING UISTRICT Q I .
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NOT TO SCALE Stat¢ o{ bli�at.
6tg Ibfnr..'. Ve.ic:.u:e G:my�
DEERING ISLAND ' .
INSERT
64 62 �:'� r � •
HPR� /��'���, ,��• :
1dIN'+ETO^:KA �ERCFi r����w• �
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uunrir�crnv e e�.:` r�'�• - 1
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MAiiPIYI,TA ISL/�ND l�^�' , '� . I . '�O
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,13 s ,%r� �,,,BlG ISLAND 39 •
RF.CIt£A7'I05 POINT v.— �•a�jn�tr,,l�r:.�f' �, :i' • 49 ,� 46 ,•���'• •
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`J� Drt. Antheu A[�en Wi.2d[,�6e RcRuge ;37
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` 2 /� %r !i 1�'� �� 962 �• � � 17
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34 6 - • � �� �•"y 2
ECHO SAY . " ' 12 4 � �
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`'�,�r' ���'���,fi� -�u RESOLUTION OF THE CITY COUNCIL
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NO.
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APPROVING A LOT AREA VARIANCE
FOR RECORD I,OT NO 8
PIIRSIIANT TO ORDINANCE PIO. 246,
MIINICIPAL ZONING CODE SI:CTION 10.31
BE IT ItESOLVED by the City Council of Orono, Hennepin County,
Minnesota :
FIRTDINGS
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:
For the legal description, see Exhibit �.
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 cambined 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 r.equired 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.
CONCLDSION
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 canditions:
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.
�}a-�� k ; .� �,��� C�tv o� ORONO�'��►Nov�
;��; ._:�;ty.� ; .7 .�_� �
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��;���_, ���`��� �,:Y' RESOLUTION OF THE CITY COUNCIL
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PAGE 2 ; RECORD LOT N0. 8 : RESOLUTION NO.
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 HENTdEPIN)
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
:q,,;�q�N
Exhibit A.
��� ED
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That part of Lot B, Morse Island Park, lying south of a line running from
a point 554 feet south of the northwest corner of lot B, to the northwest
corner of Lot 3$ , Hennepin County, Minnesota
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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 ��c�
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. g ) : -
CITY N0. 38
FOR 19 TAX YEAR Signature of Fee Owner
, _
Signature of Taxpayer (if different)
Taxpayer's Mailing Address
(OFFICE USE ONLY)
COMBINED CURRENT VALUES
A OR AGR EXrIP. LAND BUILDING MACHINE TOTAL FULL TOTAL
N. H. AND TRUE ASSESSED
BUILDING dc ZONING-473-7357 • ADMINISTRATION dc FINANCE-473•7358 • PUBLIC WORKS-473-7359
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ORDINANCE N0. 246 4
R:S.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 PRZVATE GLEST 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 pregare 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 REQUZRED 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&lUNING-473-7357 o ADMINISTRATION& FINANCE-473-7358 • YUBLfC WORKS-473-7359
ASSt?SSING
�� ��AiViVED
In review of each application, the Cit}� 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.
. ��,��11'�ED
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 l: 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 heal�h 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 tzse types in the RS District are:
a) single fam�ly dwellings used seasonally for not more
Page 2 ;���
�N�4
.....______�
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) 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 . All
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 of public lands
including platted rights of way requirin� a license for any person
to grade , fill or excavate such 1and; 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 Iot 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 unbuil.dable as it stands because of extremely small size.
A].1 �roperties currently containing a cabin are listed as buildable.
Additional pravisions regulate future subdivision of these record^
lots , and� require formal combination o� separate tax narcels prior
to issuance of any building permit , variance or conditional use permit .
34 . 367 . This section continues the existing minirnum lot width
requirement of 200 feet . '
34 . 368 . This section provides for minimum setbacks from lakeshore,
wetlands , pronerty lines and between buildings.
34 . 369 . This section continues the existing ma.ximum hardcover
regulations within 1000 �eet o,f the shoreline ,
34 . 370 . This section continues the existing maximum building
height regulations .
34 . 371 . This section provides for minimu�a building construction
standards including foundations � minimum �Ioor area requirements ,
minimum roof requirements , minimum �lumbing requirements , special
security requirements and special fire protection requirements .
All dwellings are required to have an approved smoke detection
device installed within 2 years . A11 dwellings used for more than
180 days per year are required to have some form of manual or
automatic fire extinpuishin� equipment available within 5 years .
, ` Pa�e 3
���R;�
Al_1 non-residential buildin�s which have an occupant load o� ���
50 persons or more are required to have an approved a o.
fire sprinkler system, or equivalent , installed within 5 years .
At least one fire extinguisher is required in every habitable
buildin� includin� a11 dwellin�s .
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 al1
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 existing prohibitions
against open burnin� without a permit , except for camp fires
or cooking f ires .
34 . 375 . This section continues the existin� prohibitions
against cuttin� of 6" or lar�er trees within 75 feet of the
shoreline. �
34 . 376 . This section Provides for a period of l years withi.n
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 lawfully exist as of November
9, 19s1 .
34 .377 . This section states that regulations applying to non-
conforming uses are not intended to apply to substandard 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 all o£ the
required setback dimensions . -
34 . 379 . This section reserves to the City the right to make
future amendments to the ordinance , includinp, the right to
modify or limit any new development potential which may have
been pranted by this ordinance.
SECTION 3 : This section of the ordinance amends the �fficial
Zoning Map of the City by chan�ing all lands on Big Zsland,
Mahpiyata Island and Deering Island from the LR-lA-1 Zoning
District to the RS Zoning District , and includes the legal
descriptions of such land.
;: � : . �
SECTION 4 : This section of the ordinance repeals Ordinanc���dd���
No. 238 and Ordinance 241 , the development moratorium _place�
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
,
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February 15 , 1933 /« �� ��jw/!
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� Record Lot ��8� �,��� V�r/�,�� �rj,� /�� /�C�✓�'�'��
� �.�w,. Georgia Ruud -
� 13611 Valley View Rd �,� �;rl' �,,/t,g"' ,/�,�
' �den Pra i ri e. tdN 55344 '
Dear Island Landowner :
The purpose of this letter is to provide you with infor�aation regarding
th2 recent zoning changes on Big Island , and how these changes nay
affect your property .
The new RS Seasonai Recreational zoning regulations were established
by City Council adoption of Ordinance �E246 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 existing uses of island propert_y . $ased on L'nis record , the ordinance
then "grandfathers" building rights for these Record Lots by making �hem
eligible for lot area variances . This means that for the first time
even ir 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 b�fore July 1 ,
1983 :
1 . Please verify the Record Lot information on the attached b2ue page
and notify the City if there is a problem or a change .
(over)
BUILDING&"LONI'VG-473•7357 • ADMINISTRATION&FINANCE -473-7358 • PUBLiC WnRKS-473-1359
ASSESSIN 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 rer_urn 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,./�"�`�'�-
�
� A an P . Olson
City Planner
Enclosures
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= Yost Uffice Hox 66•Crystal $ay,Minnesotn 5;i323•Municipul Offices
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� 473-7357
k.,o t��'r ` �"�:�'s On the Nortl: Shore o�Lake Min�zetonka
�. .
ORDINAI�ICE N0. 246 RS SEASONAL RECREATIONAL 'LONING
OFFICIAL RECOFD LOT NOTICE FEBRUARI 15, 1983
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 }ou 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
thlt "G:andfather" existing properties of less than 5 acres in area.
RECORD LOT means all the contiguous or abuttin� land o�,nied in cotrsnon by the same person
or persons as of November 9, 1981, (the effective date of the island moratorium) or
at any time such common-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 commQnly-owned land
that is contiguous except for being separated only by p�atted unopened public right-of-way.
Tnis RECORD LOT consists of !�_ tax parcel(s)
I Record Lot #8 as follows:
� Georg�a Ruud
� 13611 Valley yiew Rd �3-//7-23 �3 �o/
�dert Pra i ri e, MN 55344
� �3-�rZ-23 a 3 0��
APPROXIMATE SI2E'/•3 ACRES b CLASSIFSCATIO:J:
(sizn is exciusive of any wetlar.ds)
OVER 10 ACRES, (may be SU3DIVIDASLE)
OVE?2 5 ACRES, but LESS THA?J IO AC4ES •
(conforming buL not SVHDI`lSDABLE)
�SUSSTANDARD/&UILDI9LE lless than 5 acres:
a aew seasonal cabin may be built, or an EXISTIf:G USE CLASSIFICATZON
existinq seasonal cabin *,ay be improved, 1.�j �
added-onto or replaced, subject to setbacks, �RECR�ATZO:JAL L'SE Ot:LY (without a cabin W /his /h,Q
per:nits, etc., but without requiring further SEASONAL CABIN, used 120 days oz less/year
City Conncil review) `(if your cabin is used moze than 180 days/
Uh8U2LDA8LE (rseans a vacant lot of les9 tAan year, please cor.:plete the YELLOW appliCation)
1/2 acret �ay be used for recreaiional purposes Seasanal Cabin plus a PRIVAT� GUEST CASIH
withovt a cabfn, bvt requires a Council appzoved ,_._Other Co:tDITIOtaaL USE
variance to be built on1 "
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 A.ND/OR THE CLASSIFICATION OF YOUR
PROPERTY, you must f�_le 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 [o verify any challenge such as surveys, utility bills, copies of recorded
deeds, etc.
Owner/Taxpayer T Da[e Phone
,
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2
�,
y�:�_��.� ���ry� �� �s��*� Cit� o� ORONO
R ��"'•i��A�'�f��'�� .
��r:� ' _ ' ' RESOLUTION OF THE CITY COUNCIL
f 1 -:�' `,r ,,
� ' ,�i �'f R N0.
`' APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO �
���.�� �`"; ' '�� ' PURSUANT TO ORDINANCE N0 . 246 , SECTION 34 . 366
��.. �!' �'r'^'�
�+..:.._...,,_...
BE IT RESOLVED by the City Council of Orono , Hennepin County , Minnesota :
FINDINGS
l . That is (are) the
owner (s) /taxpayer (s) of record of the following described property
located within the RS Seasonal Recreational Zoning District of the
City :
�
That part of Lot $, Morse Island Park, lying south of a Iine
running from a point 554 feet south of the northwest corner
of Lot B, to the northwest co�ner of Lot 38, Hennepin County,
N1' nnesota
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 including a11 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 ; a1Z 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 performance 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
�_
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�:b-� ,; CI'TY of OR�l���� �
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` ° ��_ ," Yost Office Box 66•Crystal Bay, Minnesota 55323•Municipul Offices
�- �.e� ���
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�'�`"t '�`'' �� ' ` 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 � � ,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. � ) :
�3 -//7 - � 3 �3 �oo/
z� - //7 - 23 �3 000�
C� -
CITY N0. 38 Signature f Fee Owner
FOR 1983 TAX YEAR
Signature of Taxpayer (if different)
�`7'''��� -�Q si?� ,!��.Li1 f o J / . --
- . �3 y
Taxpayer's Mailing Ad ress
(OFFICE USE ONLY)
COMBINED CURRENT VALUES
H OR AGR EXMP. LAND BUILDING MACHINE TOTAL FULL TOTAL
N. H. AND TRUE ASSESSED
BUILDI'�G&ZOti1tiG— 473-7357 • AD�1111STRATION& FINANCE —473-7358 • PI,BLIC N'ORKS—473-7359
.occcr�vi-