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HomeMy WebLinkAboutLtrs on zoning change / S �.9�t/� Qi2,�� �` 2�� NQ7'E 5 To " �/�,��'° i1 p o c so�✓ 9- ��"-�3 — e� ez� s � ;� �EC 421� �dT � ' �� '�` ._�____ TN IS L.CT1" N EE D 5 A N Al2E.A Vdl21 Qti1 CE PE12 3q.36G Ca)3 � 3q. 366 C�� gE�mE ANy PE�LMlTS �_____ TN 1 S �`rs N E��S $dT�-4 J��2EA vd� 1 AN c c �S A�3o�C AN� T,�X P�l2c.E L �oNc►31 itlaTl�tJ �2 3q .36� �b) F5E�2E A►�y PEl2ht �TS _____ T N l S LvT N Et�5 -� �, ��f �k �v� ��= CITY o� ORONO ' Post Office Box 66•Crystal Bay,Minnesota 55323•Municipal Offices � On the North Shore of Lake Minnetonka t� - � � February 15 , 1983 Record Lot 4t14 $ �` 23 D. J. Kilbane l0^73 Pascal St. Paul , b1N 55T13 Dear Island Landowner : The purpose of this letter is to provide yoti 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 �r'246 an 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 text of the ordinance is also avail.able for a nominal charge of $3 . 00 to defer printing and mailing cost�. . 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 existinj 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 neco 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& "LONING—473-7357 • ADMINISTRATION& FINANCE —473-7358 • YUBLIC WORKS —473-7359 ASSESSIN G a Island Landowncrs � Februar}� 1� , 1. 983 � Page 2 2 . If the Record Lot informatioil is complete , please sign , liave notarized and return the white Variance Resolution . State la�a requires that all zoning variances be recorded with t�e County Recorder in reso'_ution for;n. Returnir.g this resolution is optiona:L , but if you choose �iot to do so , you may be required to pay a fee and file a formal variance application in the future if you eve� plan to do any building on �l�e property . There is no fee for havin� this automatic variance recorded at this time . 3 . If your Record Lot consists oi two or more separate tax parcels , a green form for requ�stino a combined assessment is enclosed . Please sign and returr. this to the City to allow your tax records to be changed into one parcEi consiste:.t with the zoning and to assur� the niost favorable t�:c rate possible . 4 . A conditional use permit issued by the City Council is required for certain laad uses in tne RS District , including the following residential uses : a) If you use or have used your cabin FOR MORE T'HAN 180 DAYS /YEAR . b ) If you have :�iOP,� THA:� ONE CABIN on your propert;� . Refer to the enclosed yellow sheet for a deiir.ition 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 rett�rn it to the City . t,'e will send }�ou tt:e appropriate application form b,� returrl �ail . A postage-paid envelope is enclosed for your use in retur?:ing 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 ta�ce 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 possibl.e so that ;�our property rights can be correctly recorded for your future benefit . Sincerely , � / �� •� A���'`` /' _" ��'�� _. an �P . Olson City Planner Enclosures �,;�,.� �'i�. ti r"� � �� � r �� Y �r,s �° ; � _�,ti � ��L� {, ,a. �i%�,§� s t?UU .2r a �;:g_'' . , �:�� •� i•"*r�.t� .x.� ISi i.. � r . ���� : �:f M-�k* '� . ��� j � � � �� ��� �� 1 't M'Li Z' :Y i � �^':... :�� �E��it�, t �:,v . .. . . ,'� . 1'.'�'*. �..,,. ;y,4 ?�'t`...�`i� `� Yost Office Box 66•Crystal Bay, htinnesota 55323•Municipul Offices as��tis��S o��e� -�'',- 473-7357 ;�.:;i s-' ��- On the North Shore of Lake Minnetonka :���f'��.. ORDINANCE N0. 246 RS SEASONAL RECREATIONAL ZONING OFFICIAL F.ECORD LOT NOTICE FEI3RUARY 15, 1983 This notice is provided to the owner/tahpayer of record according to Ordinance 41246, 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 cortmon-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 ��14 as follows: D. J. Kilbane 1278 Pascal � __ a.2�— //7— �3 �� O�� St. Paul , MN 55I13 APPROXIb1ATE SiZE�„CRES S CLASSIFICATION: (size is exclusive of any wetlar.ds) OVER 10 ACkES, (may be SULDI'JIDABiE) OVER 5 ACRES, but LESS THAN 10 ACRES (conformir.g but not SU9DIVZDABLE) �SUBSTANDARD/6UILDABLE (less than 5 acres; a new seasor.al cabin may be built, or an EXISTING OSE CLASSIFICATION existing seasonal cabin may �e improved, � � added-onto or replaced, subject to setbacks, �RECREATIOtiAL USE Gt::,Y (without a cabin�f'f(.is �,,.,Q permits, etc., but without requirinq further SEASONAL CAB?N, used 180 days or lesslpear City Council review) (if your cabin is used more than 180 c3ays/ UNBUZLDAIILE (means a vacant lot of less than year, plea=e complete the YELL041 application) 1/2 acre; nay be used for recreational purposes Seasonal Cabin plus a PRIVAT^c GUESP CASIN without a cabin, but requires a Council approved _Other CONDITZONAL 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 DETEIZMINATION AND/OR THE CLASSIFICATION OF YOUR PROPERTY, yot� 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/Taxpa}�er Date Phone � . � � 2 r 43 * �t� �f� C�ty of ORONO „� ,>s � .W ��� � � ��'_: h. �'�` RESOLUTION OF THE CITY COUNCIL <: � �*` N O. - -.�. `� � J4 � _ � '����>,` APPROVING A LOT P..REA VARIANCE FOR RECORD LOT NO � �: ' PURSUANT TO ORDINANCE N0 . 246 , SECTION 34 . 366 BE IT RESOLVED by the City Ccuncil of Orono , Hennepin County , Minnesota : FINDINGS 1 . That is (are) the owner (s) / taxpayer (s) of record of the following described property located within the RS Seasonal Recreational Zoning District of the City . Lots 1 through 10 inclusive, including the adjoining vacated Elm Street and Maple Place , and the adjoining one-half of vacated Linden Street; all in Kate B. Plummer ' s Subdivision of Kitchel ' s Subdivision of Government Lots 5 & 6 in Section 22 , Township 117 N. Range 23 W. 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 "RECOP.D 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 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 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 . 14 : 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 � 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 ,�+:+ � I y SPOT VWELD, Incorporated 646-1393 2290 Wycliff Street Area Code 612 _, St. Paul, Minnesota 55114 r� - , :___., _� ,� �n May 25, 1983 E� ��•������--��.-_.._�-'._.:,:��`� � ± : -��i � SPOT WELD �: ,.', i MAY 2 7 I983 �� I TIPS (� ; '.1 � TUBES City of Orono �J ��` 7��/ --r .._.�l��-=�� P.O. Box 66 � i,� ! d �'� �':-�; ,? 1 -�---�-,-.._-..,......_....._.....,- -- � RESISTANCE Crystal Bay, Mn. 55323 WELDING EQUIPMENT Gentlemen: SPECIAL 8� In compliance with yoiir request on Ordinance #246, RS STANDARD We are returning your official notice. BAR STOCK It is our understanding that all platted lands, heretofore SPECIAL exempt from building, will be now be grandfathered as FORGINGS buildable, less than 5 acres. REPAIR SERVICE In the last paragraph, you ask us to sign it, and state facts supporting any change on our parcel numbered 14 MIG WELD TIPS on the Big Island map. SEAM WELDER The record will show that this was originally ten (1) WHE�LS lots, that in a trans��ction with Hennepin County and SPECIAL the Orono Commission, were grouped to one and the existing roads were vacated and moved to one side. ELECTRQDES HOLDERS Ordinance #264RS- Recreational Record Lot #23, consisting of two (2) tax parcel:�, pretty much stands on it's own CABLES and we ask that this t�e grandfathered in also. COPPER These are shown as Lot=s 23. PLUNGER TIPS Please r.eturn, to us, those sheets that are not necessary QUALITY to you. CONTROLS Thank you. EDUCATIONAL yours very truly, PROGRAMS , • '� ��, �_u_.,-... �v.,.1 �r�; �_.�,�-.� c--,-` , V Dennis J. Kilbane DJK:cj enc. • '1'elephone a73-7357 . `�: . fl:tt i i���4� ��_�., � �t� , cITY o� oRONo .�� .� r7? ., wr; b �-,��t f � � Yust Office [3ox 6G•Crystal Bay, Minnesota 55323•Municipal Offices .r� � ^ . ' � 'F� .�_� �`� �` �.• - .�: e , On the North Shore of Lake Minnetonka �; � - � a� � � May 13 , 19 8 3 �r0 � (/`y 7'"�!�"i.3 �r��x / �,e¢,Qi v��``� Mr . Dennis Kilbane 1878 Pascal St. Paul , Minnesota 55113 p,...�.�..,._ ._ Re : Big Island - Record Lots #]� & �..._w.._..,.. _., ...,,.. ,��� Dear Mr . Kilbane : Enclosed are separate information packets on your two Big Island lots and their status under the revised zoning ordinance adop�ed last December . I recommend that you consider completing and returning the va=iance resolution forms (#2) provided for both properties. This wil� ensure that both lots receive the full grandfather building rights designed into the new ordinance . I also recommend that you complete ard return the green lot combination form (#3 ) for record Lot #23 . I apologize for the d�lay in getting this information to you. You will note that the ordinance and attached forms include a Jul�- 1, 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'��'``" '�C'/ �C�'� Alan P. /Olson City Planner APO/ams Enclosures , ,�� ,�� , M � . �lF'�'S�-�. . i >. � 1i ^ . � ,,` �" Fy� _:'Y.+��" � ,a.°`�''"�''�,y'.� 'C��...� , .;;5��. ` � ��'`�' �� Y �.'�����:'3�u e-� ``�"�t'��zt''9a ArF.r'i�+.��}�� ��.� . '� . ��z'.e �x .-.� fn''+x � �.1} �`v yyti..�>,fi� : �, 9Y, ����4� ����,� E y� .`�t� �ahM�a$�?'?�F �tf�N = �.� ._ � � .. ` ��'����� � ������� �'tI�"�'�� UR►Oi�O � �... , � a� �{ � ,�- r u.*';�-����ia�,'.� �::t�.,�`s.1,4�C�"�'�'rKx�:';:,,, ;f�.:'::�.�:,-�` � . '� .. . - . }�y(����(�.��g�r �[;nArsota 55323•M unidpal OmcYs i yr•�;`�;,"'�,Gy'�`'•c�:=5 ' �' r:" - - . ,. On the Nvrth Sh �"t'� . • - s • ott�pf Lakt htinntlonka May 27 , 1983 Mr . Dennis Kilbane 1878 Pascal S-t. . Paul , MN 55113 .�---. Re : Big Island Record Lotsl~=,�� ,�nd�3 \ Dear Mr . Kilbane`c Thank you for your letter o� May 25 , 1983 . You are correct that the ize��' ordinance "grandfathers" building rights for the existing isl:nd lots like yours that are less than five acres . The blue sheets are intenced simply to notify you of the in- formation we have about your lots . The record lot we call #14 is about 2 . 7 acres in size aild is still vacant . The record lot we call #23 is about 1 . 2 acres in size and has your cabin . Both lots are grandfathered by the ordinance . We intended that you sign and return the blue form onl if some of the facts we show were in error. What you need to do to protect your grandfather rights is to sign , have notarized and return the two white variance forms (#2) . See the back side of these forms where it says "property owner" and notary public . The reason for this step is that state law requires all zoning variances be approved by resolution and be filed on the chain of t:itle of the . property . The "grandfather" clauses in the ordinance are in fact variances in the legal sense for any lot less than five acres . By completing this resolution now you will be assured of. receiving the full benefit of the "grandfather" variances with- out having to later go through a formal variance review procedure . E3UILDI�G& 'LO�ING- 473•7357 • AU�IINISTKATION K I�InA�C(: -473-7358 • PUE3LIC WOKKS - 473-7359 ASSfSSI�'G Mr. Dennis Kilbane May 27 , 1983 page 2 For example , you would be able to build on lot 14 by meeting setback and building permit requirements but without having t.o _qo through Planning Commission and City Council review of your plans . T am therefore returning to you the blue and white forms . You can keep the blue ones (if they are correct) , but do consider completing and returning the white ones . I hope this answers your questions . n � Sincerely, ; ;�' � .�,, �,, ���-��i;i'�;, :G'-� �,; �';, r,/�, ;''�.. Alan P. Ol�/ � City Planner APO: jl � s ' � TO: Orono Council FROM: Michael P. Gaffron, Assistant Zoning Administrator � DATE: May 21 , 1986 SUBJ: Big Island - Automatic Lot Area Variances - Resolutions Record Lot No. 11, V. William Melin Record Lot No. 28 , J.W. Vanderhoof Record Lot No. 41, Scriver/Burch Record Lot No. 36 , Stephen O'Gara Record Lot No. 40, D.W. Pratt Record Lot No. 14, D.J. Kilbane List of Exhibits A - Typical Documentation Packet Re-sent to 14 Non- Respondents in Spring 1986 B - Copies of Automatic Lot Area Variance Resolutions for 6 Record Lots C - Listing of Status of Big Island Record Lots as of Spring 1986 Background Please recall that in 1983 when the Council adopted Ordinance No. 246 (creating the "RS" Seasonal Recreational Zoning District) , `'—��" Big Island property owners were given the opportunity to be automatically granted lot area variances , which --- ---- --------- qave them the right to build upon their substandard sized lots without further Council action. Identified in Section 10.31, Subdivision 6(F) were 55 Record Lots ranging in area from 0.18 to 4.3 acres, which wexe designated as SUBSTANDARD BUILDABLE RECORD LOTS. In the summer of 1983 , City Planner Alan Olson mailed notifications of the Record Lot designations to the appropriate property owners. About 2/3 of them returned the proper paperwork and documentation immediately and were subsequently granted the Automatic Lot Area Variances. Midway through this process, Olson resigned his position with Orono and consequently left much of the follow-up work undone. Staff has only recently been able to free up time to review the Big Island matters outstanding, and subsequently have taken the following steps: l. Reviewed all Big Island Record Lot files to determine which substandard buildable lot owners did not respond to the initial notification. � 2. Based on statements by at least two of those property owners that they either "never got the information" or "didn't know they were supposed to return something", staf f revised and updated paperwork, mailed it out again to the non-respondents, and stipulated a deadline of April 30, 1986 in which to return the documentation required without having to file a formal variance application. . Big Island Resolutions May 21, 1986 Page 2 of 2 � 3. Reviewed the properties which have outstanding issues or concerns yet to be resolved. Staff would recommend approval of the following automatic lot area variances for Record Lots on Big Island. These are for simple lot area variances with no request for additional uses: 1 ) V. W�lliam Melin - Record Lot No. 11 - 3. 4 acres 2 ) Dennis J. Kilbane - Record Lot No. 14 - 2.7 acres 3 ) John W. Vanderhoof - Record Lot No. 28 - 0 .97 acres 4 ) Stephen O'Gara - Record Lot No. 36 - 0 .66 acres 5 ) Daniel W. Pratt - Record Lot No. 40 - 0. 54 acres 6 ) Katherine Scriver - Record Lot No. 41 - 0 . 53 acres In reviewing the status of the Big Island Record Lots (Exhibit C) note that 6 owners have never responded to the City' s notification, either in 1983 ar in 1986. Staff recommends that the opportunity for automatic lot area variances for these be denied, and recommends that at the time they request building permits will have to go through the standard zoning application procedure for lot area variances. Note also that we have 4 properties requesting a conditional use permit for year-round dwelling use. Staff expects these resolutions will be drafted for Council approval sometime this � summer. In the case of 4 record lots, applications are filed or pending to rearrange record lots to be more usable. We have 2 potential Day-Use Recreational Area situations to review and we have one record lot that consisted of 6 parcels that the owner in 1982 or 1983 sold to various parties apparently to avoid the record lot status - this has yet to be resolved, but suffice it to say that staff will issue no permits for anything on this property unless the lots are all combined.