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Home My WebLink AboutInfo on zoning chanages l S ��t/� ��'m �` 24� N�1'E 5 To F/L C-" �� a�soN 9- /�-�3 -�—�--�r��w.� �wz�s•.m�r__r'�� a e� s�,�. �ZEC o2D L�T � � � �`� TNIS l.�T NEEDS AN � Al2� Vdlz I Q�1 CE PE►2 3q.36G Ca)3 � 3q. 366 ��) $E For�� ANy P�Nt cTs ____._ TN t S �'TS N E��S $dT�4 A2EA v�4� IAN cc i�S A�sa�C AN� T�ax P�2cE� �o�r3�Nan� �2 3�q .3GG �b� �E�2E A�y PF.�2/K 1z's ..,_.� T N l 5 LvT N��S f,•t, 1 �� `et �ri✓�4Kh< 4y'�'''�i t'��t7 �`� ��x t� C I TY of ORONO �f��•.�5�� `t�;µfk,`i: �� J Post Office F3ox 66•Cryslal Bay, Minnesota 55323•Municipal Offices � On the North Shore of Lake Minnetonka s - e s February 15 , 1983 �Record Lot i115 b#S8 Roy E. Ahern 544� Barrie Road Minneapolis , b�1 55435 Dear Isiand Landowner : 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 �f246 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 te>:t of the ordinance is also available for a nominal charbe 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 . 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 . 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& ZONING -473-7357 • ADMINISTRATION& FINANCE-473•7358 • PUBLIC WORKS -473-7359 ASSESSING � Island Lancl��wr�ers February 15 , 1y83 Page 2 2 . If the Record Lot inzormation is complete , please sign , have notarized and return the white Variance Resolution . State law requires ti�at 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 req�ired to pay a f.ee 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 ta�c parcel.s , a green form for requesting a comhined assessment is enclosed . Please sign and return this to the City to allow your tax records to be clian�ed into one parcel consis�ent with the zoning and to assure the e�ost favorable tax rate possible . 4 • � co:lditional use permit issued by the City Council is required for certain land uses in the RS District , including tne following residential uses : a) If you use or have used your cabin FOR MORE THAN 180 DAYS/Y;:�,R . ' b ) If you have ^fORE THAN ONc CABIN on your property . ; i Refer to the enclosed }�ellow 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 1 participation this past year has helped so much in the completion of this pianning 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 ., 2 � sj C�t� o� ORONO .� . RESOLUTION OF THE CITY COUNCIL NO. ` APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO /S • " � � PURSUANT TO ORDINANCE N0 . 246 , SECTION 34 . 366 BE IT RESOLVED by the City Council of Orono , Hennepin County , Minnesota : FINDINGS l . That is (are) the owner (s) /ta�payer (s) of record of the following described property located within the RS Seasonal Recreational Zoning District of the City . Lots 64 and 65, Morse Island Park, and Lots 8, 9, 10 and 11, Morse Island Park Second Addition; Hennepin County, Minnesota 2 . That in adoption of Ordinance Na . 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 i.n 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 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 reqt�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 . „� 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 terme 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 �. t,�� -.._ 1 �L �., -�l . �_. � CI��' of OK�l�'� .. . � . . f � ZNi � _ r t Yost Uffice Box 66•Crystal Bay, Minnesota 55323•Municipal Offices i, �� `�ti '`z+�i 4� ~�. 473-7357 � '' - - Ori the North Shore of Lake Minnetonka ORDINAI�;CE N0. 246 RS SEASONAL RECREATIONAL ZONING OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1983 This notice is provided to the ut,mer;taapayer of record according to Ordinance �r246, Section 34.336. The follo�,�ing 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 t:ie granting of automatic lot area variances that "G:andfather" existing propertiEs of leGs 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 common-o��ership 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-oumzd land that is contiguous except for being separated only by p�atted unopened public right-of-way. This RECORD LOT consists of b tax parcel(s) as follo�as: �3,��7_ 23 �3a �� vRecord Lot �C15 Roy E. Ahern ��,��7 _ 23 3a Oo2 9 644� Aarrie Road Minneapolis, r�1 55435 ,�3 -//7-�3 32 004� � 23- //7-23 � 32 oa4T APPROXIDSATE SIZEo(,S ACRES 6 CLASSZFICATZOJI: (siz� is exclusive of any wetlar.ds) 23��7_23 32 OQ�� OVER 10 AC3ES, (may be St3DIVIDhSLE) OVER 5 F:CRES, but LESS THAN 10 ACRES (conforming but not SL`9DI`JIDABLE) 23'��7' 2 3 32 �4� �SUBSTANDARD/BU;LDABLE (less than S acres; a new seasonal cabin maf be built, or aa EXZSTIhG USE CLASSiFZCATION � existing seasonal cabin may �e imaroved, added-onto or repiaced, subject to setbacks, RECR�ITIONAL USE ONLY (withcut a cabin) permits, etc., but without requizing further �SEhSONAL CABI:1, use3 180 dafs or less/year City Council review) (if your cabin is used moze than 180 days/ UNBiIILDABLE (means a vacant lot of less than year, please co:rolete the YELLOW application) 1/2 acre; may be used for recreational puzposes Seasonal Cabin plus a PRZVATE G[iEST CAHIN without a cabin, but requizes a Council approved _Other CONDITIONAL USE variance to be built on) ' PLEASE VERIFY THE ACCURACY OF THE ABOVE INFORMATION. if Lhere 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 llETERMINATION 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 ti ,� , � 3 P� ! �a'��i ��,�� n" �Ar�' k» r� �� `�`a�� :a��o ,�,�j° ��5.�`�i� §��3^,� � '`'. z yx � � �� .,. C I'TY of OR��T�.T�_ i r��'�� a,- -�� S y`��, . . .. �� ; � y.. '"��s.�-;��:; Yost Uffice Box 66•Crystal Bay, Minnesota 55323•Municipul Offices �r'`��,r�.. re �r�i N � � �i x �w,ti�—n� � .. `� j�*�*� ��V! On the North Shore of Lake Minnetonka � �,��°�n-� - �-y�:w PLEASE COMPLETE AND RETURN THIS FOR*1 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. /5 ) : �3-//7-�3 3� Do2$ ; a 3-//7 -23 32 oo,z9 ; Z3-//7- 23 3� oo4E� �3- �/7- 23 �� oo�v7��ii�-,�3 3� 009�.� �3 -//7-23 32 oo�r j CITY N0. 38 FOit 1983 TAX YEAR Signature of Fee Owner Signature of Taxpayer (if different) Taxpayer's Mailing Address (OFFICE �7SE ONLY) COMBINED CURRENT VALUES H OR AGR E3�IP. LAND BUILDING MACHINE- TOTAL FULL TOTAL N. H. AND TRUE ASSESSED BUILDING�ZONING—473-7357 • ADMINISTRATION& FINANCE —473•7358 • PUBUC N'ORKS— 473-7359 •Cl`f'(�l��r/� "1'elephone 4i3-7357 fe., .�xJ�.,� �-�� cITYo� o�o�To �,_ ��,��: �t: �r�.� ��h.,�z r;:; `��'; Pust Uffice 13oa (i(i•Crystal Bay, Minnesota 553`L3•Municipal Offices a On the North Shore of La{ze Minnetonka • ' f • May 16 , 1983 Nir . Roy E. Ahern 6449 Barrie Road Minneapolis , Minnesota 55435 _.., _. � Re : Big Island Record Lots �'15 #, ,,.. ..._.�,,.:,,.,.,.v.:.::.yx.:,�.�.,.w.� � Dear Mr . Ahern : Enclosed are separate information packets on your two Big Island lots and their status under the revised zoning ordinance adopted last December . I recommend that you consider completing and returning the variance resolution forms (#2) and the lot combination forms (#3 ) for both of your properties . Doing this will ensure that you receive the full grandfather benefits of the ordinance designed to protect building rights on those properties with existing cabins. � r_._�.._,.,+.,,� _�� RECORD LOT #15,_, .. } �g�yv�1`" still have a problem with the record lot designation for Record Lot #15 , then you should not return the variance resolution , but should instead return the blue form (#1) and whatever other factual data you believe will support your challenge . I have talked to your realtor , Judy Frommes , concerning these properties and the City ' s position classifying these six lots as one building site . As I have said to her and previously to you, I believe you have the following options available : 1 . Accept the City designation and retain all six lots together as one building site . You could rebuild the existing cabin (? ) or more likely, replace it with a new cabin located either in the front or to the rear . In this case , I suggest you sign and return the variance resolution to guarantee the automatic/no fee variance . 2 . You could sell the back lots to another abutting property owner who could then combine them into his property without creating a new building site . In this case , to rebuild the cabin on the � front lot, you would have to formally apply for a change in the record lot designation and for a lot area variance , and perhaps for other variances. Such variances would most likely be approved but the burden would be on you to : Mr . Roy E. Ahern May 16 , 1983 Page 2 a) show that the record lot split/sale would not create another building site; and b) show that the resulting smaller front properties would , indeed, support a well and septic system. 3 , Finally , if you wish to challenge the City ' s position and apply to divide this record lot into 2 buildirig sites, you will have to file a formal variance request to be heard by the Planning Commission and City Council with supporting data about ownership history and usage ; you will need a plan for providing access to the back lots; and you will need surveys and soil testing to demonstrate that both sites can support private wells and septic systems . This option is not the intent of the new ordinance . However , you may have valid reasons or hardships enough to justify the variances. The burden will be on you to demonstrate these hardships. The City Council may approve or deny such an application, but you do have the option of making the application. 4 . If you choose to do nothing , the record lot designation in the ordinance will stand, but any future building on the lot will not be permitted until the same or similar lot area variances/lot combinations are formally applied for and recorded at that time . I would suggest that you complete the process now to avoid this potential cost and delay. RECORD LOT #58 At the December 30 , 1982 City Council meeting, you asked about a conditional use permit for year-round use of your cabin on this property. I have enclosed the application form #4-1 , which needs to be completed and returned along with the lot combinatiion form #2 , if you wish to have such a request considered by the Council. Our major concern with your property is sanitation. Please carefully complete questions 13 and 14 . We will have to see a site survey or at least, a scale drawing of your lot showing where the house , well and septic system are located. When you return this information to the City, we will review it and place it on the next Planning Commission agenda for formal review and recommendation to the City Council . • I apologize for the delay in getting this information to you. You will note that the ordinance and attached forms include a July l , 1983 , deadline for your response . I would appreciate your response by that date , but because this notice was delayed, we will extend the actual " deadline to September l, 1983 . Thank you for your cooperation. Sincerely, ,/ � � `i � �� % .,G� Alan P. O son 4' ' City Planner � Enclosure