HomeMy WebLinkAboutCorrespondence re auto lot area variance . "' -r.-�
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March 10, 1986
Katherine L. Scriver
410 York St
Cannon Falls, MN 55009
Re: Record Lot #41
Dear Big Island Landowner:
In reviewing our Big Island files, it has come to the City's
attention that you (or a previous owner of your Big Island property)
never returned the proper forms for granting of an automatic lot area
variance in 1983, when the "RS" or Seasonal Recreational Zoning
District was created.
Perhaps this was an oversight, or perhaps you did not wish to
return the forms at that time. In either case, your Big Island
property currently has NOT been officially granted variances to lot
area or lot width, and you would have to file for these variances in
order to be allowed to do any building or remodeling on your property.
Although nearly 2/3 of the Big Island property owners returned
the proper forms to be granted the lot area variances in 1983 (at no
cost to the property owner), approximately 1/3 have not returned them,
and the filing fee for a variance application currently is $150.00.
Because there may have been some misunderstandings of the no-cost
automatic variance procedure in 1983, � again have the opportunity
to return the proper forms and be granted the lot area variance at no
charge. � — —
Attached you will find the following documents:
A) Copy of letter to you dated February 15, 1983, describing how
to be granted the automatic lot area variances.
B) The official record lot notice (blue paper) .
C) 3 copies of an official resolution draft (white paper with
green City logol.
D) A description of specific uses that require a Conditional
Use Permit (yellow paper ) .
Page 1 of 2
BUtLDING&ZONING—473-7357 • ADMIN[STRATION&FINANCE—473-7358 • PUBL[C WORKS—473-7359
ASSESSIN G
F,) An official lut cc�mbination/combined assessment request form
(Your lots a;; descrite�l on the official. recorci lot notice must be
legally combined as gart of the automatic lot area variance
process ) . (Green pap�r; .
F) A summary of the 1�83 "RS" Zoning Ordinances.
The procedure to fvllow in order to be granted the automatic lat
area variance is as follows :
1) Review the information on the blue record lot notice. If no
changes are n.ecessary, sign alI 3 copies of the officiaJ.
resolution draft and have them nQtarized. Send aIl 3 copies back
to the City.
• 2 ) If you wish to apply for a specific use that requires a
Canditional Use Permit, note that on the yeI iow form and return
that form also.
3) Sign the green lot combination form and return it to the City
caith 'che other items.
Forms must be submitted by Wednesday, April 30, 1986 in order to
be grar.ted the variance at no cost. P��ase contact Mike Gaffron at
the City offices at 473-7357 if you have any questions.
Sincerely ;
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Michael �. Gaffron
Agsistant Zoning Administrator
Enclosure
Page 2 of 2
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February 15 , 1953 �4 �4 S'� �y �
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' Record Lot ;�41 �C�s �/It�'/A�^C.Q
Katherine L. S�river
a10 York Street
Cannon Falls, i4IN SS009
Dear Island Landowner :
The purpose of this letter is to provide you with information regarding
the recent zonin� changes on Big Island , and how these changes may
affect your property.
The ne;o RS Seasonal Recreational zoning regulations were esiablished. .
by City Council adoption of Ordinance �i246 on Dece�aber 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
�omplete te�t 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 Che 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 pat[erns
, and existing sses of island propert.y . Based on tnis record , the ordinan�
then "orandfathers" building rights for these Record Lots by making them
� eligible for iot area variances . T:�is means that for the first time
; even if your lot is less than five acres (or two acres under the previou;
ordinance) that you may now build a new seasonal cabin, or if you alread�
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 queationing 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 notffy the City if there is a problem or a change .
I (over )
BUILDING ec"LOKING-473•7357 • ADMINISTItAT1UN&FINANCE - 473-7358 • Pl,'RLIC WORKS-473•7359
ASSESSING
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Islanc] 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
� ji plan to do any building on the property. There is no fee for havin;
i' • this automatic variance recorded at this time.
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i; 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.
Ib) If you have MORE THAN ONE CABIN on your property .
i
� Refer to the enclosed yellow sheet for a definition of these uses
� including a description of when a special permit is or is not requi�
i If you wish to apply for a permit , mark the yellaw page and return j
' 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
i� this opportunity to thank each and everyone of you whose interest and
i participation this past year has helped so much in the completion of
I� 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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ORDINANCE N0. 246 RS SEASONAL RECREATIONAL ZONING
OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1983
This notice is provided to the owner/taxpayer of record according to Ordinance �6246,
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 less 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-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 commonly-owned land
that is contiguous except for being separated only by platted unopened public right-of-way.
This RECORD LOT consists of 1 tax parcel(s)
Record Lot #41 as follows:
Katherine L. Scriver
410 York St 23-117-23 32 0058
Cannon Falls, MN 55009
APPROXIMATE SIZE • 5 3 ACRES 6 CLASSIFICATZON:
(size is excluaive of any wetlands) �
OVER 10 ACRES, (may be SUSDIVIDABLE)
OVER 5 ACRES, but LESS THAN 10 ACRES
(conforming but not SUBDIVIDASLE)
X SUSSTANDARD/BUILDABLE (less than 5 acres;
a new seasonal cabin may be built, or an EXISTING USE CLASSIFICATION
existinq seasonal cabin may be improved,
added-onto or replaced, subject to setbacks, RECREATIONAL USE ONLY (without a cabin) �
permits, etc., but without requirinq further �_SEASONAL CABIN, used 180 days or less!year
City Council review) (if your cabin is used more than 180 days/
_UNBUZLDABLE (meana a vacant lot of lesa than year, please complete the YELLOW application)
1/2 acre; may be used for recreational purposes Seasonal Cabin plus a PRIVATE GUEST CABIN
without a cabin, but requirea a Council approved I Other CONDITIONAL USE -
variance to be built on) •
PLEASE VERIFY THE ACCURACY OF THE ABOVE INFORMATION. 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 YOU WISH TO CHALLENGE THE RECORD LOT DETERMINATION AND/OR THE CLASSIFICATION OF YOTJR �
PROPERTY, you must file a formal written appeal before July 1, 1983 , or Che 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
�
OFFICIAL RECORD LOT MAP
, ORDINANCE NO. 246 - DECEM�ER 30, 19II2 ��.�����.
RS SEASONAL RECkEATIONAL ZONING UISTRICT 7 I �•
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CNiri.'S POINT
� City o� ORONO 2
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z���'���,�;�' RESOLUTION OF THE CITY COUNCIL
=`���'���;.;. NO.
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� APPROVING A LOT AREA VARIANCE
FOR RECORD LO� NO 41
PIIRSQANT TO ORDINANCE NO. 246,
MIINICIPAL ZONING CODE SECTION 10.31
BE IT RESOLVED by the City Council of Orono, Hennepin County,
Minnesota:
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:
Lot 9, Scrivers Subdivision of Lot E Morse Island 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 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.
CONCLOSION
The City Counci 1 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 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.
� a � R� F , .-: c�t� o� oRONo
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R�SOLUTION OF THE CITY COUNCIL
NO.
PAGE 2 ; RECORD LOT NO. 41 : 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 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 person(s) 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
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CI�Y of OR�11\TO
� Yosl Uffice Box 66•Crystal Bay,Minnesota 55323•Municipal Offices
� ! � � On tke North Shore of Lake Minnetonka
PLEASE COMPLETE AND RETURN THIS FORM 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 ,19
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. I.{� ) : '
CITY N0. 38
FOR 19 TAX YEAR Signature of Fee Owner
, .
Signature of Taxpayer (if different)
Taxpayer's Mailing Address
(OFFICE USE ONLY)
COMBINED CURREN'r VALUES
H OR AGR EXMP. LAND BUILDING MACHINE TOTAL FULL TOTAL
N. H. AND TRUE ASSESSED
BUILDING�ZONING—473•7357 • ADMINISTRATION&FINANCE—473•7358 • PUBLiC WORKS—473-7359
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ORDINANCE N0. 246 �1
R:S.SEASONAL RECREATIONAL ZONING `'F
GENERAL INFORMATION ABOUT CONDITIONAL USE PERMITS
FEBRUARY 15, 1983
Ordinance No. 246 provides that certain uses of land in the RS District are allowed
only by Conditional Use Permit issued by the City Council. This is because these uses
are more intensive than a seasonal cabin and need special considerations due to their
island location. If your property has been actively used for one or both of the following
purposes, you are entitled to apply for a conditional use permit (and variance if
necessary) to continue that use:
SECTION 34.363(a) : TO AUTHORIZE PRINCIPAL DWELLING USE: meaning any home or cabin
that is used or occupied for 181 days or more in any one year; or any dwelling
regardless of the duration of use if you wish to claim a Minnesota "principal
residence" homestead tax credit. If the property is not homestead, and if your
total annual usage is less than 180 days (6 months), then your use is allowed by the
ordinance and you do not have to apply for this special permit. Note that even if
you use the property a few days every month, it is the total number of days that
count, not how these days might be spread throughout the year.
SECTION 34.363(b) : TO AUTHORIZE A PRIVATE GUEST CABIN in addition to and on the
same Record Lot as a principal dwelling or a seasonal cabin. A permit may also
be issued for more than one private guest cabin on the same lot. Private guest
cabins may be used solely by the occupants of the principal or seasonal dwelling,
including their domestic employees, caretakers or non-paying guests. Private
guest cabins shall not be rented or leased for compensation of any kind.
If you have only one guest cabin 600 sq. ft. or smaller, constructed without indoor
plumbing, toilets or kitchen facilities and used only for occasional additional
sleeping space, then this use is allowed by ordinance and you do not have to apply
for this special permit. �
A separate application form is required for each of these uses. Detailed information
is necessary to prepare an accurate permit, to speed-up the review, and to determine
whether or not a variance is needed.
IF YOU WISH TO APPLY FOR A CONDITIONAL USE PERMIT, check one or both of the above
uses and return this sheet to the City in the enclosed postage-paid envelope. You
will be sent the application form by return mail.
Your application will be processed with NO FEE REQUIRED if all necessary information
is submitted to the City Zoning Office BEFORE JULY l, 1983. Applications received
after that date will loose any "grandfather" rights and will be subject to all fees
and other requirements of regular conditional use applications.
(continued on back)
BUILDING& 'I.ONING—473•7357 • ADMINISTKATION&FINANCE—473-7358 • PUBLIC K'ORKS—473-7359
ASSESSIN G
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In review of each application, the City Council will compare your property and use to
current building and zoning code requirements. The Council may establish reasonable
standards and timetables for you to make any practical changes or improvements which
might be necessary to comply with current codes. Where full compliance with new
requirements is impractical or would cause you undue hardship, the Council may grant a
variance to allow continued non-conforming use. However, a variance will not be granted
if "it would cause or allow to continue any health or safety problem.
Issuance of a permit will be done by a formal "resolution" which will require your
signature before final approval by the City Council. This resolution will then be
recorded in the chain of title of your property as required by State Law.
If you have any questions, please call City Planner Alan Olson or Zoning Administrator
Jeanne Mabusth at 473-7357.
CITY OF ORONO
ORDINANCE NO. _ 246 ,
SUMMARY PUBLICATION
On December 30a 1982 _, the Orono City Council by a
vote of 4 ayes and 0 nays adopted revised zoning
regulations for properties located on the three Lake Minnetonka
Islands within Orono. The City Council has determined that
publication of the title of the ordinance and the following
• summary of the ordinance will clearly inform the public of
the intent and effect of the ordinance, and is deemed to
fulfill all legal requirements for ordinance publication.
A printed copy of the complete text of the ordinance is on
file at the office of the Orono City Clerk, 1335 Sauth Brown '
Road, and is available for inspection by any person during
normal office hours.
ORDINANCE NO. 246
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO
BY CHANGING THE ZONING DISTRICT DESIGNATION AND
PERFORMANCE STANDARDS APPLIED TO BIG ISLAND,
MAHPIYATA ISLAND AND DEERING ISLAND .
SECTION l: This section of the ordinance amends the existing
Zoning Code of the City by deleting the LR-lA-1 One Family
Lakeshore Residential Subdistrict and by replacing it with
the new RS � Seasonal Recreational Zoning District.
SECTION 2: This section of the ordinance establishes the
performance standards and regulations that govern all land
use and development in the RS Seasonal Recreational Distric�:
34.361. The purpose of RS District is to implement the
special comprehensive planning policies developed for Big
Island, Mahpiyata Island and Deering Island. Provision of
normal municipal services to the islands is difficult, costly
or impossible. Therefore special. regulations are necessary
to insure public health and safety. These include limitations
on land use types and densities, and special performance
standards for fire protection, security, sanitation, and
on-site sewer and water systems.
34. 362. Permitted land use types in the RS District are:
a) single family dwellings used seasonally for not more
Page 2
than 180 days in any one year; b) single family recreational
use of land without a dwellin�; and c) oublicly-owned and
operated day-use parks , nature areas or wildlife preserves .
34. 363 . Land use types allowed in the RS District by Conditional
Use Permit are : a) sin�le family dwellings used for more than
180 days a year; b) private quest cabins in addition to the main
dwelling on any lot ; c) day-use recreation areas owned by private
clubs , groups or assiciations ; d) overnight camps ; e) planned
residential development subdivisions limited to 20 acres or more
in size ; and f) keeping of domestic farm-type animals . A11
Conditional Uses are subject to City Council review and approval
based upon specified performance standards .
34. 364 . This section lists accessory uses allowed on land
occupied by any permitted or conditional use .
34 . 365 . This section regulates the private use o£ public" lands
including platted rights of way requiring a license for any person
to grade , fill or excavate such land; or to erect a dock or any
other physical improvement on such land. Licenses are not required
for adjacent property owners to control weeds or brush, sod, seed,
mow or otherwise maintain such land in a neat and presentable manner.
34 . 366 . This section establishes a minimum dry-buildable lot area
of five acres for any new land divisions on the islands . It further
defines and identifies each existing record lot on the islands and
lists each record 1ot as : a) subdividable : b) buildable in confor-
mance with this ordinance ; c) substandard in lot area but buildable
without need for further City Council review; or d) vacant property
that is unbuildable as it stands because of extremely small size.
All properties currently containing a cabin are listed as buildable.
Additional provisions regulate future subdivision of these record�
lots , and� require formal combination o� separate tax parcels prior
to issuance of any building permit , variance or conditional use permit .
34 . 367. This section continues the existin� minimum lot width
requirement of 200 feet . •
34 . 368 . This section provides for minimum setbacks £rom lakeshore ,
wetlands , property lines and between bui�dings. �
34 . 369. This section continues the existing maximum hardcover
regulations within 1000 �eet of the shoreline ,
34 . 370. This section continues the existing maximum building
height regulations .
34. 371 . This section provides for minimu�a building construction
standards including foundations , minimum floor area requirements ,
minimum roof requirements , minimum �l.umbing requirements , special
security requirements and special fire nrotection requirements .
All dwellings are required to have an apnroved smoke detection
device installed within 2 years . Al1 dwellings used for more than
180 days per year are required to have some form of manual or
automatic fire extin�;uishing equipment available within 5 years .
Page 3
� A11 non-residential buildings which have an occupant load of
50 persons or more are required to have an approved automatic
fire sprinkler system, or equivalent , installed within 5 years .
At least one fire extin�uisher is required in every habitable
buildin� including all dwellings .
34 . 372 . This section establishes special requirements to insure
adequate on-site sewa�e treatment on the islands based upon the
level of actual use . Dry pit-type but not vault-type outhouses
and innovative alternative waste treatment devises are allowed
under certain circumstances , Standard septic-tank and drain-
field systems are required for most �roperties .
34.373 . This section requires property owners to remove all
rubbish, junk and debris from their property, requires that
all garbage be packed-off the islands for mainland disposal ,
and prohibits the burying or burning of any �arbage, refuse ,
• rubbish or debris .
34 . 374 . This section continues the existing prohibitions
against open burning without a permit , except for camp fires
or cookin� fires .
34 . 375 . This section continues the existing prohibitions
against cutting of 6" or larger trees within 75 feet of the
shoreline.
34 . 376 . This section Provides for a period of l years within
which time all non-conforming land uses must be made fu11y con-
forming to the use and performance standard requirements of
this ordinance , unless within 6 months of ordinance adoption
the landowner applys for a variance to allow the use to continue
and to establish a timetable for coripliance with on-site sewa�e
treatment , security, fire protection and other performance
standards . Failure to apply for the variance will be prima
facie evidence that the use did not law�ully exist as of November
9, 1981 . �
34 .377 . This section states that regulations applyin� to non-
conformin� uses are not intended to apply to substan dard lots
of record based on lot size alone,
34 . 378 . This section provides special exceptions and standards
allowing the continued use, maintenance and enlargement of
existing buildings even if they should not meet all of the
required setback dimensions. -
34 . 379. This section reserves to the City the ri�ht to make
future amendments to the ordinance , inc].udinp; the right to
modify or limit any new develapment potential which may have
been p,ranted by this ordinance.
SECTION 3 : This section of the ordinance amends the Official
Zoning Map of the City by chan�ing all lands on Big Island,
Mahpiyata Island and Deering Island from the LR-].A-1 Zoning
. District to the RS Zoninp District , and includes the 1ega1
descriptions of such land.
, _ .�, -.
' SECTION 4 : This section of the ordinance repeals Ordinance
No. 238 and Ordinance 241 , the develo�ment moratorium placed
on the islands on November 9 , 1981.
SECTION 5 : This sectian of the ordinance adopts the ordinance ,
makes the ordinance effectiv+e on the date of adoption, and provides
for the publication of this su�ary of the ordinance .
/s/ William B. VanNest , Mayor Attest : Alberta M. Strom, City Clerk