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March 10, 1986
David W. Pratt
20590 Park Place
Excelsior, MN 55331
Re: Record Lot #40
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
ASSF.SS[NG
E) An of_ficial lut cc�mbination/combined assessment request f.orm
�Yaur lots as descriked an the official record lot notice must be
legally combined as part of the autornatic lot area variance
process ) . (Green pap�r ? .
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 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 copies back
to the City.
• 2 ) If you wish to apply for a specific use that requires a
Conditional Use Permit, note that on th� yel low form and return
that form also.
3) Sign the green lot coiabination form and return it to the City
urith the other items.
Forms must be submitted by Wednesday, April 30, 1986 in order to
be grar�ted the variance at nu cost. P�ease contact Mike Gaffron at
the City offices at 473-7357 if you have any questions.
Sincerely
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Michael �. Gaffron
f���istant Zoning Administrator
Enclosure
Page 2 of 2
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i February 15 , 1983 �i� /�P.�/�0i�ry� �y �''��'�
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� Record Lot 1P40 • /�f, , ✓Ct.✓'lCt�+.G2
� Oavid Wells Pratt
I 20590 Park Place '
' Excel sior, t�"J�l 55331
� Dear Island I.andowner :
� The purpose of this letter is to provide you with information regarding
� the recent zonii:o chaages 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 4i246 on December 30 , 1982. This
action also ended the development moratorium that had been in effect
since November 9 , 1981 .
� A sunmary of the ordinance is attached. If you are interested , a
i complete text of the ordinance is also available for a nomina? charge
� of $3 . 00 to defer printing and r�ailing costs .
� Your property is idenLified 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 inventoties 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 tor lot area variances . This means that for the first tirae
. 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 buildfng 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
i variance , you should review and complete the following before July 1 ,
1983 :
i
1 . Please verify Che Record Lot information on the attached blue page
i and notify the City if there is a problem or a change .
�
(over)
BUILDING h 'LUNING— 473-7357 • ADMI.NISTRATIUN&FINANCE —473-7358 • PUQLIC WORKS—473•7359
ASS�SSI�ti�;
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I IS1.111(I Lanciowners
� � February 15 , 1983
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�� 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 ,
�
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• A an P. Olson
City Planner
Enclosures
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ORDINANCE N0. 246 RS SEASONAL RECREATIONAL ZONING
OFFICIAL RECORD LOT NOTICE FEBRUARY 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 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 couunon-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 #40 This RECORD LOT consists of 1 tax parcel(s)
David W. Pratt as follows:
20590 Park Place
Excelsior, MN 55331 23-117-23 32 0023
APPROXIMATE SIZE ' S'4 ACRES b CLASSZFICATION:
tsize is exclusive of any wetlandsl �
OVER 10 ACRES, (may be SUBDIVIDABLE)
OVER 5 ACRES, but LESS THAN 10 ACRES
(conforming but not SUBDIVIDABLE)
�_SUHSTANDARD/BUILDASLE (less than S acress
a new seasonal cabin may be built, or an EXZSTING USE CLASSZFICATION '
existing seasonal cabin may be improved,
added-onto or replaced, subject to setbacks, �RECREATIONAL USE QNLY (without a cabin)
permits, etc., but without requirinq further SEASONAL CABIN, used 180 days or less!year �
City Council review) ! (if your cabin is used more than 180 days/
UNBUILDABLE (means a vacant lot of les9 than ' year, please completa the YELLOW application)
1/2 acre; may be used for recreational purposea Seasonal Cabin plus a PRIVATE Gt1EST CAHIN
without a cabin, but requires 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
7
OFFICI�L RECORD LOT MAP
, ORDINANCE NO. 246 - DECEMDER 30, 1902 ��.�����.
RS SEASONAL RGCREATIONAL 20NING UISTRICT 7 I �.
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NOT TO SCALE Sidie o;( I�liiut.
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. '����' "rr�`r RESOIUTION OF THE CITY COUNCIL
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�����.�'` , NO.
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APPROVING A LOT AREA VARIANCE
FOR RECORD LOT NO 40
PURSOANT TO ORDINANCE NO. 246,
MUNICIPAL ZONING CODE SECTION 10.31
BE IT RESOLVED by the City Council of Orono, Hennepin 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 58 and 59, 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 without adverse
affect upon public health, safety, or welfare.
CONCLDSION
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 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.
. . �`. .
� ��;�����-�. Clt� o� ORONO
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�y�, �;��� ;.n RESOLUTION OF THE CITY COUNCIL
������,�,�,���`�d NO.
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PAGE 2; RECORD LOT N0. 40 : 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 nay, MN 55323
473-7357
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� Yosl Uffice Box 66•Crystal 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 AEREBY MAKE A REQUEST FOR A COMBINED ASSESSMENT ON THE FOLLOWING DESCRIBED LAND (all
of which combined are identifed as Orono Record Lot No, y (� ) : �
l
CITY N0. 38 Signature of Fee Owner
FOR 19 TAX YEAR
, .
' . Signature of Taxpayer (if different)
Taxpayer's Mailing Address
(OFFICE USE ONLY)
COMBINED CURREIV� VALUES
H OR AGR EXMP. LAND BUILDING MACHINE TOTAL FULL TOTAL
N. H. AND TRUE ASSESSED
BUILDING�ZONINC-4�3-7357 • ADAIINISTRATION dc FINANCE-473-7358 • PUBLIC WORKS-473-7359
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ORDINANCE N0. 246 A
RS.SEASONAL RECREATIONAL ZONING `r
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)
BUII.DWG& 'I.UNING—473•7357 • AUMINISTRATION&I�INANCE—473-7358 • PUBLIC WORKS—473-7359
ASSI{SSING
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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.
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
A�' 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 Distric�:
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
Page 2
than 180 days in any one year; b) single family recreational
use of land without a dwelling; and c) publicly-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 . All
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 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 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�
Iots , and require formal combination of separate tax parcels prior
to issuance of any building permit , variance or conditional use permit .
34 . 367 . This section continues the existing minimum lot width
requirement o� 200 feet . •
34 . 368 . This section provides for minimum setbacks from lakeshore,
wetlands , pronerty 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 regulations .
34 . 371 . This section Provides for minimun building construction
standards including foundations , minimum floor area requirernents ,
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 extin�;uishin� equipment available within 5 years .
• � Ya�e 3
� � AJ_1 non-residential buildings which have an occupant load of
50 persons or more are required to have an ap�roved automatic
fire sprinkler system, or equivalent , installed within 5 years .
At least one fire extinguisher is required in every habitable
buildi�g 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 ar burning of any garbage , refuse ,
• rubbish or debris .
34 . 374 . This section continues the existin� prohibitions
against open burning without a permit , except for camp fires
or cooking fires .
34 . 375 . This section continues the existing prohibitions
a�ainst 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-conformin� 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 allow the use to continue
and to establish a timetable for compliance with on-site sewage
treat�ent , security, fire protection and other performance
standards . Failure to apply for the variance wi1.1 be prima
facie evidence that the use did not law�ully 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 all of the
required setback dimensions . -
34 . 379 . This section reserves to the City the ri�ht to make
future amendments to the ordinance , includinp, the right to
modify or limit any new develapment potential which may have
been Pranted by this ordinance,
SECTION 3 : This section o£ the ordinance amends the Official
Zoning Map of the CiCy by chan�ing a11 lands on Big Island,
Mahpiyata Island and Deering Island from the LR-lA-1 Zoning
. District to the RS Zoning District , and ineludes the 1ega1
descriptions of such ]_and,
:� .
� , ,.
' 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