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Home My WebLink About#1532 - lot area variance x ' 2 l Cit� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. 1532 � APPROVING A LOT AREA VARIANCE FOR RECORD LOT N0� • " • • PURSUANT TO ORDINANCE N0 . 246 , SECTION 34 . 366 BE IT RESOLVED by the City Council of Orono , Hennepin County , Minnesota : FINDINGS 1 . That E. VJilliam Haywa is � the owner (� /taxpayer (� of record of the f ollowing described property located within the RS Seasonal Recreational Zoning District of the City . Lot 63, Morse Isla,nd 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 determined that all the above described property combined is and shall hereinafter and henceforth be one "RECORD LOT" as defined in Section 34 . 366 of said ordinance . 3 . That all the above described property when combined as one RECORD LOT is still less than the minimum lot size required for new lots in the RS District , but that this RECORD LOT is being used and/or may be used in the future for any permitted use in the RS District without adverse affect upon public health, safety , or welfare . CONCLUSION The City Council of Orono hereby grants a lot area variance to the above described RECORD LOT based on the above findings and subject to the following Conditions : l . This RECORD LOT including 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 sha_ll 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 req�:iring further City Council review of lot size , but subject to strict comp- liance with all building permit , setback, hardcover , on-site sewage treatment and other performance standards for development in the RS District . . ' x PAGE 2 ; RECORD LOT N0 . S� : 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 DistricC . 4 . The undersigned has read and understood the terms of this resolution and on behalf of himself , his heirs , successors and assigns , agrees tnat tne above described property constitutes a si:�gle 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 or the property . Adopted by the Orono City Council on the _�.�i day of �.1,�, 1983. ATTEST : CITY OF 0 0 �.��,r,��.��D�'r%• . __ � � City C rk Mayor � ( 1) - �2) 'Property Owner s) STATE OF MINNESOTA ) ) ss . COUNTY OF HE�7NEPIN ) On this 29th day of March , 19 83 , before me , a Notary Public within and for said County , personally appeared Eugene William Haywa 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 d � , , � . � /% � ��,..,�•� ,..--.-s, �,.,:.ti�;.��n,�t„•. Catherine C. Shromoff� ��,F.�,c��ra�<<�� :�:r+ �rill'1�tFI�Vt � J'Iul�iY"�tF - --- �:,h�'P�Q� NOTARY PUBLIGMINNESOiA ' NOTARY PUBLIC ` `� �` HENNEPIN COUNTY Januar 10, ��[4 1989 � �1..:�� y < t-�ia !'o-,��:�i��:� ��re��an. 10, 1989 �� 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 � � .,�, � ! ��t�� a ��`�*'r �itN+ ��+ �� p V��. �� g�:��,��-� CiIT� O� •�R�Nd ''! � t}�yW �,'+"d<.� 8,� � , �}° '� �'"$ �� ""L'`�"�+ ��``� Post Office Box 66•Cr stal Ba Minnesota 55323•Munici al(Jffices �t�r �, i,. � Y Y� P �� T �� '*.wf � ,��. �� On the North Shore oj Lake Minnetonka � ..v��,�;`.� ,. �� '� February 15 , 1983 Record Lot ;`56 �,� ;, 'n..,..�,- �..-.� __ .. �`i'T`7`i am �Hay��a 6009 Dublin Circle Edina, �1N 5�435 Dear Island Landowner : The purpose of this lztter 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 ��246 on December 30 , 1982 . This action a2so 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 mailino 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 se�tion that inventories lot by lot the ownership patterns and existing uses of island propert.y. Based on this record , the ordinance then ";randfatners" 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 revie:a. In order for you to autonatically receive the benefits of the lot area variance , you should review and complete the following before July 1 , 1983 : 1 . Please verify the Record Lot information on the attached blue page and notify the City if there is a problem or a change . (over) BUILDING&20N1'.VG—473•7357 • AD111.NISTRATION&FINANCE—473-7358 • PURLIC WORKS—473-7359 ASSESSING Is13nd 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 return it to the City . We will send you the appropriate application form by return nail . 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 , � ��. � ��—� � . A an P . Olson City Planner Enclosures � 1 f..,..�` �;�s . � � � ��J.=- .� ` � � CIT�' O� � .. � ]��._ ..�� .�?. ; E - �� '� 1.�.� : �7 t �� • �ij Yust UC�ce Box 66•Crystal Bay, Minnesota 55323•Municips,l Offices �. . r `� ,'� y '�` s On the North Shore of Lake ,'�Iinnetonka 473-7357 ORDINANCE N0. 246 RS SEASONAL RECREATION�L ZONING OFFICIAL P.ECORD LOT NOTICE FEBRUARY 15, 1933 This notice is provided to the owner/ta�;payer of record accordinb to Ordinance �i246, 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 Iess than 5 acres in area. F:ECOT.ZD LOT means all the contiguous :or abutting land owned in co�non 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 ta:c parcels. Because of the unique circu�stances and actual use patterns existing on the islands, also included within the definition of a "Record Lot" is commonly-own2d land that is contiguous except for being separated only by plattsd unopened public right-of-way. This RECORD LOT consists of � tax parcel(s) as follows: Record Lot 4t56 W i 11 i am Nay��ra o?3—//7—2 3 3 02 �Oe2?' 6009 Dublin Circle Edina, tiN 55435 APPROXIt.ATE SIZE�� ACRtS 6 CLASSIFICAT20:7: Isize is exclusive of any �octlandsl _ GVER 10 ACRES, (may be SCBDIV2DAHLE) OVEZ S ACRES, but LESS TiiA;2 10 ACRES (conforning but not SUBDZ'JIDABLE) �SUBS:A:IDARD/EU;LDABLE (less than i acrest a new seasonal cabin may be bui2t, or an EXISTING USE CLASSIFICATZON existing seasonal cabin nay be improved, added-onto or roplaced, subject to setbacks, RECRyAT2027AL USE 0":LY (without a cabin) per:nits, etc., but without requirinq further �,SEASONAL CA8I:7, used 180 days or lesslpear City Council review) fif your cabin is used mcre than 18G days/ UNBUILDABLE (means a vacant lot of less than yeaz, please complete the YELL04J application) —'1/2 acre; snay be used for recreational purposes Sessonal Cab°� plus a PRIVATE GUEST CABIN without a cabfn, but requires a Council appzoved �Other CCND2TZO:aAL USE variance to be built on) ' PLEASE VERIFY THE ACCURACY OF THE ABOVE INFOR*'IATION. 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 YOL' WISH TO CHALLENGE THE RECORD LOT llETERMINATION AND/OR THE CLASSIFICATION OF YOUR PROPERTY, you must file a formal writtem 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 Ua[e Phone STAT� OI�' I1IP1idESOTA ) ) COUTITY OI' H�IdPII:PIi�1 ) ss . ) CITY OF OROidO ) I , Alberta r1. Strorn, City Clerk of the Cityo uf Orono, Hennepin County, P4innesota, do hereby certify that I have comnared the foregoing cop�� of a resolution of the City Council of the Cit� of Orono with the oriqinal record o.f such resolution in the P-Zinutes of the proceedings of said City Council at a meeting of said City Council held on Septeinber 26 , lg 83 � and that the sane is a true and correct copy o� said original record and that said resolution was duly adopted by said City Council at said meeting, In ti�litness [�7hereo�, I have here�nto set rny hand and seal this 5 , day of October , 19 83 . � ��..��'G.��-��i' ��h Alberta Pi. Stror�, City Clerk (SEAL)