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February 15 , I9S3 �� �0 SL �y ��/'��'3
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Record Lot ;�41 ����s �/I1�r/AA�G¢
Katherine L. Scriver
C10 York Street
Cannon Falls, NIIv 55009
Dear Island Landowner :
The purpose of this letter is to provide you with information regarding
the recent zonin� changes on Big Island , and hoca these changes may
affect your propert}t .
The ne;a RS Seasonal Recreational zoning regulations were established
by City Council adoption of Ordinance �i246 on Deceraber 30 , 1982 . This
action also ended the developmer_t moratorium that had been in effect
since November 9 , 1981 .
A summary of the ordinance is attached . If you are interested , a
complete tetit 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 Iot by lot the ownership patterns
and existing uses of island propert.y . Based on tnis record , the ordinance
then "orandfathers" building rights for these Record Lots by making them
eligible for iut 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 l ,
1983 :
l . 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 • PCBLIC WOKKS-473-7359
ASSESSING
Island 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 opticnal ,
'� 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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On the North Shore of Lake Minnetonka
ORDINANCE N0. 246 RS SEASOhAL RECRr.ATIONAL Z0�1I:V�
OFFICIAL RECORJ LOT NOTICE FEBRUARY 15, 1953
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This notice is provided to the owner/taxpayer of record according to Ordinance �r246,
Section 34.336. The following Record Lot classification will be considered c3ccurate
and final unless you have sone reason to dispute the facts used to nake the cl,assification.
Record Lot identification forms the basis for the granting of automatic lot area variances
th�t "G:andfather" existing properties of Iess than 5 acres in area. '
RECORD LOT means alI the contiguous or abuttino land owned in cosr�on 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 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 co�only-ocanzd Iand
that is contiguous except for bein� separated only by platted unopened �ublic right-of-way.
This RECORD LOT consists of _� tax parcel(s)
Record Lot 4141
as follows:
Katherine L. Scriver �3 _��'_ �
C 10 York Street �3 3� �5�__
Cannon Falls, MN 55009
AP?ROXIt�TE SIZE�ACRES a CLASSZFICATSON:
(size is exclusive of any •..•_tlar.dsl
OVER 10 ACkES, ;:any be SliBDIVIDABLE)
OVER 5 ACRES. bvt :.ESS :F11,!� IO ACP.ES
(con:orminq but not SUBDI'l2DASLE)
�SUBSTANDARD/IIVILDIIBLE (less than 5 acres;
a ne•.� seasonal cabin may be built, or an EXISTIC.G USE CLASSIFICATIO"7
existing seasonal cabin may be ir.:�roved,
add_d-onto or replaced, subject to setbacks, RECR�ATIO2:AL CS£ 05LY (without a cabin)
permits, etc., 5ut without requ:ring further �SE:.SONAL CAIIIN, used I80 days or less/year
City Council review) lif your cabin is usel more than 180 days/
L'fiBUILDAHLE (r�eans a vacant lot of less than year, please complete the YELLOW application)
--'1/2 acre; may be used for recreational purposes Seasonal Cabin plus a PRSVATE GUEST CABIN
without a cabia, but require3 a Council apazoved Other CONDI^IONAL USE
variance to be bvilt onl '
PLEASE VERIFY THE ACCURACY OF THE ABOVE INFO&�SATION. If Lhere is an error or a chan;�,
please mark the correction and return this page to the City in the enclosed postage-
paid envelope. I�e want this permanent record to be correct.
IF YOU WISH TO CHALLENGE THE RECORD LOT UETERMINATION AND/OR THE CLASSIFICATION OF YOUF,
PROPERTY, you must file a formal written appeal before July 1, 1983 , or the rer_ord i.ot
will remain classified as above. Sign below and return along with a separate letter
stating the problem and facts supporting any change. Additional inforr�ation may be
requested to verify any challenge such as surveys, utility bills, cepies of recorded
deeds, etc.
Owner/Taxpayer T� � Date Phone �
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��s,;� ��"� ��� RESOLUTION OF THE CITY COUNCIL �
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�� �'� �" �"'�; APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO �l
�'��r����°��;.� PliRSU�NT TO ORDINANCE N0 . 246 , SECTION 34 . 366
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BE IT RESOLVED by the City Council of Orono , Hennepin County , Minnesota :
FINDINGS
1 . That is (are) the
owner (s) /ta:�pa;�er (s) of record of the f ollowing described property
located within the RS Seasonal Recreational Zoning District of the
City :
Lot 9 , Scrivers Subdivision of Lot E Morse Island Park,
Hennepin County, Minnesota
2 . That in adoption of Ordinance �o . 246 , the City Council reviewed
o�anership , 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 :
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 co:nplete "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 ; alI without requiring
further City Council review of lot size , but sub�ect 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 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 , 1983.
ATTEST: CITY OF ORONO
City Clerk Mayor
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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