HomeMy WebLinkAbout1983-02-15 Letter, Ordinance 246February 15, 1983
4705 Golf Terrace
Edina. MN 55424
Dear Island Ldndowner:
CITY of :ORONO
Post Office Has W*CrYAW Bar. Muteeeota N=* Otrkes
On the North Shore of Lake S/innebnka
/�Ltt.4�j r •�.-�w.. fs.
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 0246 on December 30, 1982. This
action also ended the development moratorium that had been in effect
since Novenber 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 property. 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. P1eaRe verify the Record Lot information on the attached blue page
and notify the City if there is a problem or a change.
(over)
BUILDING a 70NING - 473.1357 a AMINISTRAT10% • FINANO - 4717 358 a PUBLU WOkKS - 4737359
ASSESSING
Island Landowners
February 15. 1983
Page 2
2. If the Record Lot information is complete, please sig:c, 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 tine.
3. If vour Record Lot consists of two or more separate tai: parcel::. a
green form for requesting a combined assessment is unclosed. 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 pernit 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 appr priate application form by
return mail.
A postage -paid envelope is enclosed for your use in returning the above
;arms 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
Lilts planning process. I have certainly enjoyed meeting all of you and
learning so much about your island. I hope this Inst step can be kept
as simple as possible so that your property rights can be correctly
recorded for your future benefit.
Sincerely.
! L
' A an /P. Olson
City Planner
Fin, I.1sures
City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO.
RON
APPROVING A LOT AREA VARIANCE
FOR RECORD LOT NO 12
PURSUANT TO ORDINANCE NO. 216,
MUNICIPAL ZONING CODS SECTION 10.31
Minnesota:
HE IT RESOLVED by the City Council of Orono, Hennepin County,
FINDINGS
1.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 A.
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.
CONCLUSION
The City Council of Orono hereby grants a lot area variance to
the above described RECORD IAT 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 I.OT" 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.
City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
i OF NO.
ORONO
PAGE 2; RECORD LOT NO. 12 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 HENNEPIN)
On this day of , 198 , before me, a Notary Public
within and for said County, personally appeared __
known to
me to be the persons 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
473-7357
r
EXEIBIT A
Lots 2, 3,4 and 5 in Rearrangement of Lot 1 KitchelIs
Subdivision of Government Lots 5 and 6 in Section 22,
Township 117 North, Range 23 Blest, and also that part of
Lot 1 of said subdivison lying northeasterly of a line
running from the Northeast corner of Lot 8 to a point in
the northwesterly line of said Lot 1 equal distant from
from the northeasterly and southwesterly lines of said
Lot 1, Hennepin County, :Minnesota