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Home My WebLink About#4109-variance/revising lot designation . , , �� =' \ �� O ' V\\� - ;�O 0�,� ;� �� - ';;', CITY of ORONO II a ti;'; `\� �,'�i-� RESOLUTION OF THE CITY COUNCIL �t`9$ESH�4�� N O. 4 � � � \�� A RESOLUTION �GRANTII�IG A VA�tiANCE TO MUNICIPAL ZONING CODE SE�CTION 10.31, SUBDIVISION 6 �ND �EViSING THE RECORD LOT DES��NA'i'iON �'OR BIG IS�,A��iD RECOI�D Y�O�' NO. �5 - FILE #235i `VH�'�AS, William and LaWayne Yaeger (hereinafter "the applicants") are owners of property located at 310 Big Island within the City of Orono (hereinafter "�ity") and legally described as follows: Lot 64, Morse Island Park, Hennepin County, Minnesota (hereinafter "the Yaeger lot"); and `V�€EI2EAS, Nancy Lee Farnes (hereinafter "Farnes") is the owner of property located at 310 Big Island �vithin the City of Orono and legally described as follows: Lot 65, Morse Island Park, Hennepin County, Minnesota, and Lots 8, 9, 10, and 11, Morse Island Park Second Addition, Hennepin County, Minnesota (hereinafter "the Farnes lots"); and �V�Er'ZEAS, Big Island Record Lot No. 15 as designated in Orono Zoning Code Section 10.31, Subdivision 6(F) is comprised of Lots 64 and 65, Nlorse Island Park and Lots 8, 9, 10 and 11, Morse Island Park Second Ad�tion; and - `V�E�'E��S, the applicants have made application to the City of Orono for a lot area variance to allow the construction of a seasona? dwelling on Lots 64 and 65, Morse Island Park, and have reql�ested that the designated combination of lots which comprise Big Island Record Lot No. 15 be revised to include only Lots 64 and 65, Morse Island Park. NO�, T��F.E�'a�, �� IT P.�S��,��I) by the City Council of Orone, Minnesota: FINJ�NGS Pabe 1 of 6 i�� . /� O\� �/O o�,�� ; � ��z� - ;; CITY of ORONO .a ��; ,ti '% �� G/ RESOLUTION OF�THE CITY COUNCIL i �`4�SH� N0. 1 � l. This application was reviewed as Zoning File #2361. 2. In 1983 the City rezoned Big Island from LR-lA-1 Single Family Lakeshore Residential Subdistrict to RS, Seasonal Recreational District. The subject properties are located in the RS District. The 1983 rezoning includ�d establishment of comprehensive standards for development and use of the island, �vhich standards are codified as Orono Zonin� Code Section 10.31. 3. A key element of the 1983 rezoning was desi�ation of individual lots or groups of commonly-owned lots, as "Record Lots", based on historic ownership and use patterns. Each Record Lot was numbered and categorized as "Subdividable", "Conforming", "Substandard" or "Substandard Unbuildable", based on acreage and on �vhether the site was currently developed. A total of 69 "Record Lots" were so designated, and 'automatic lot area variances' �vere authorized for those that were considered as buildable Record Lots. 4. Lots 64-65, Morse Island Park and Lots 8-9-10-11, Morse Island Park Second Addition, were designated as Record Lot #15, by virtue of their common o�vnership by Roy Ahern as of November 9, 1981. Record Lot #15 was categorized as "Substandard - Buildable" with a combined acreage of 2.5 acres. Ahern protested the Record Lot designation in 1983 and subsequently sold his six separate tax parcels to six different persons. Each of the six parcels since 1983 have been considered as individually unbuildable per the RS District ordinance. 5. Lots 8-9-10-11 are separated from Lots 64-65 by a dedicated roadway. Lots 64- 65 abut the lakeshore, while lots 8-9-10-11 do not abut the la.keshore. 6. Tha applicants constructed a cabin on Lot 64 in 1997 to replace a caoin that previously existed on the site. No building permits were applied for nor issued, and the cabin was constructed at a location not meeting the required 75' lakeshore setback and comprising illega? hardcove: on the 0-75' lakeshore setback zone. Page 2 of 5 �� O\ ��O 0�;, i� �,b _- ,; CITY of ORONO �� , ,� \� G'� -� RESOLUTION OF THE CITY COUNCIL �L`9 4�'/ NO. �$ �y, `U' � �kES�/ __� 7. The Orono Planning Commission reviewed this application at a public hearing on June 15, 1998 at �i�hich time the applicants indicated they had the ability to acquire Lot 65 from Farnes for leaal combination «-ith Lot 64. The applicants further proposed to relocate the cabin to a conforming location ��-ithin Lots 64- 65. The Planning Commission voted 6-0 to recortunend approval of a lot area variance for the combination of Lots 64-65, comprising a total combined area of approximately 0.5 acres and having a defined width at the shoreline of approximately 98'. The Planning Commission further recommended that Lots 64-65 henceforth be designated as Record Lot 15 and that Lots 8-9-10-11 be legally combined with an adjacent existing Record Lot (potentially with Record Lot lb), subject to approval of Fames. The lot area variance and redesignation of Record Lots is justified by the followinQ: a. The net result is that no additional Record Lots ��-ill be created on Big Island, hence the overall density will not increase, which is in keeping with the City's ordinances and Comprehensive Plan goals and policies for the Island. b. The combination of Lots 64-6� �vill allow development of Record Lot 15 for the allo�ved seasonal recreational purposes without the need for further variances. c. As many as 20 other Big Island Record Lots �vhich are designated as "substandard - buildable" are 0.5 acres or smaller in area, hence approval �vill not be out of character with the neighborhood. d. The proposal is an amicable solution to a long-standing dispute between the City and the former property o�vner. 8. Farnes has provided a letter to th�' City indicating agreement with the redesignation of Record Lot 15 as proposed and stating an intent to attach Lots 8-9-10-11 to another adjacent existing Record Lot; this letter is attached to this Resolution as Exhibit A. 9. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, conunents by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. �age 3 of 6 ��-� � /7 0\ �o o�`,�. ; �,a. - ��, CITY of ORONO � �:: ti �; �� { G'�%`� RESOLUTION OF THE CITY COUNCIL \t9kESH�4��'� NO. � � � � �__�� 10. The City Council finds that the combination of Lots 64 and 65 to become redesignated Record Lot 15 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 �.vithout adverse effect upon public health, safety or welfare. 11. The City Council finds that the conditions existing on this property are peculiaz to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCi,USIONS, ORDE�2 A�1I9 CON�D3Ti0id5 Based upon one or more of the above findings, the Orono City Council hereby grants approval for the redesignation of Big Island Record Lot 15 as being solely comprised of Lots 64 and 65, Morse Island Park; and further grants a lot area variance for said Record Lot 15 based on the above findings and subject to the following conditions: 1. The approvals granted within this Resolution rely on the applicants' acquisition of Lot 65 and shall take effect oni}� upon the applicants' successful legal combination of Lots 64 and 65. ' - 2. Granting of this variance means that Record Lot 15 may be used far one-family seasonal recreational use without a structure; or a single new seasonal dwellin� may be built; or an existing seasonal dwe?ling may be used, improved, added onto, or replaced; all �rithout requirinj further City Council review of lot siae, but subject to strict compliance with all building permit, setback, hardcover, on- site sewage treatment and other performance standards far development in the RS district. Page 4 of 6 ,;�� /� O\ O O\v . �� CITY of ORONO _ ,� � ° � �, �/;i \� G'�'/� RESOLUTION OF THE CITY COUNCIL \�kEBH�/ NO. � ��. � �� _ 3. Granting this varia.nce shall not vest any rights in the property other than as specifically provided in Municipal Code Section 10.31 and shall not preclude a future City Council from amending, modifying or othenvise limitina development rights and/or performance standards in the RS District. 4. Applicant shall within 6 months of the date of this Resolution, relocate the cabin on Record Lot 15 to a conforming location and provide it with a conforming foundation. 5. This Resolution shall not vest any rights with regard to Lots 8-9-10-11, which shall remain in their current status as unbuildable individual tax parcels until such time that they are legally combined with an adjacent existing Record Lot. 6. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit �vithin one year of the date of Council approval, or this variance will expire on that date (July 13, 1999). 7. Violation of or non-compliance with any of the terms and conditions of this resolution sh�ll constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersianed applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his r.eirs, successors and assigns, hereby agrees that Lots 64 and 65, Morse Island Park, constitute a single Record Lot; agrees that the 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 this 13th day of July, 1998. ATTEST: �/ / � ;7>�`�� /�L �- � � , Linda S. Vee, City Clerk Gabri J,bbour, Mayor , �� Prop�rty Owner(s) ` Page 5 0�6 �\ - , �'� °� � ; �O O �� ' �'� CITY of ORONO I � '' �e � �\a �,/;; � G�j� RESOLUTION OF THE CITY COUNCIL ��ESH� � N0. � � � '� �v STATE OF MINNESOTA ) ) ss. COLTNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of July, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. • _ .��-.��- _ -�., ;' /�; CAROLE A HASEMAN �� ;c,.+.�i.�?�� NOTARYPUBUC-MINNESOTA �.,-,:; • �/f' v• HENNEPIN COUNTY o, l � Q �� : � `�' My Ccmmission Expires Jan.31,2000 � �=�� • I�Totary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��r day of , 199� before me a Notary Public w7trin and for said county, personally appeared � r.c � known to me to be the person(s) described in and �vho executed the foregoing instrument, and acknowled�ed that he(they) executed the same as his (their) free act and deed. 'S �� CAROLE A HASEMP,N :F;�.e.c.,'�-,� NOTARYPUBUC-MINPIESOTA /` S �:y HENNEPIN COUNTY /r�,.�y� ,(f, �4��,�� \'�" • My Cor,unissicn Expires Jan.31,2000 � - _- _^-,,,:�4.��„ ��.��,:;,_�> I�TOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COLTNTY OF HENNEPIN ) On this day of , 1997 before me a Notary Public �vithin and for said county, personally appeared knotivn to me to be the person(s) described in and who executed the foregoina ir.strument, and acl:nowledged that he(they) executed the sarrie as hss (their) free act and �'eed. NOTARY PUBLIC Page 6 of 6 JUN-22-1998 17�40 Vesely Miller P.001i00' . � • a.eo�• oa � J�-�-199� Sa�b7 Uesel� Mtlle� --c---'� i i � �� x f� �.,,5� �(.�,, �-1 1�� lunc 2Z, t 99a ! � � CI�y vf OroAo Oroao C�ty Co+mctl P.O. Box 66 C�siaJ Bay,MN SS321 Re: Zoning Flle No,2361 , William at�d LsWa�►f1e Yeagar i � Doar City Cowultc ' I i � Tbo purpo�e of thi� lotlor i� to ecknowled�e our a�reement with tho A�oPow� of Williu� LaWey�e Yae�ar regerdl,+a thefr p►ope�cY or►HIt lsiwd. At�t►1�tiroc,tr'ancy Fernos owns P�c�cels� 8,9, 10�l l ard 6S of R�rd[.oe tS. In eddldoe�Recerd I.oa 16�63 aeid 69 a�re in our oonq�l well. � We �r+ in�rearneat wich t}►e Yeegerr' propo�al thst tluy ocqulro Parco165 for tha purp�e o combinlnQ tt vr9th Pacel b1 and dut the tae�alnlnQ p9tc�l�ia�tscord Lot 15 be co�btned wl�h�othd r�oord late eo rs w�.ve no nec increa�e In the eumb�oYbuitdabl�lota on BiR l�l�fd. � � � Thank you tbr yotia�et.e�adon ard sui�lance vrith maxtar. ` ( , I Fr B ' � ��,,,._ anry Lec F � , � 1 i � ! , li ; � � � i a��.,�,„.� � � 70Tii� P.0�2 6ti:'3t 6/ZZi90 *nn OGO'11.1 - � TOTAL P.001 JUN z2 '98 17:44 PAGE.01