HomeMy WebLinkAboutPaperwork requested to be kept together 12 - ��
To: Vice Chair Schoenzeit and Planning Commission Members
From: Evelyn Turner, City Planner
Date: February 16, 2010 UPDATED INFORMATION
Subject: Revocation of Conditional Use Permit for Day Use Recreational Area
520/530 Big Island (Big Island, Inc., owner)
Revocation of Lot Area Variance
630 Big Island (Douglas E. Persons et al, owners)
I was contacted by a representative of Big Island, Inc. They will sign the tax parcel
combination form and submit it within the week.
The Owners' representative for 630 stopped by City offices and signed the tax parcel
combination form.
ACTION REQUESTED
A motion to order a public hearing for March 15, 2010, to consider revocation of the
conditional use permit granted by Resolution No. 3006 unless the tax parcel combination or
special lot combination form is received before then.
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To: Chair Kang and Planning Commission Members
From: Evelyn Turner, City Planner
Date: February 16, 2010
Subject: Revocation of Conditional Use Permit for Day Use Recreational Area
520/530 Big Island (Big Island, Inc., owner)
Revocation of Lot Area Variance
630 Big Island (Douglas E. Persons et al, owners)
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Background
520/530 Big Island was granted a conditional use permit for a day use recreation area in
August, 1991. A condition of the approval was that a special lot combination agreement be
signed to combine the two properties. It was signed but was not recorded by the City. The
property owner has not responded to Staff's request to sign a tax parcel combination form or
a new special lot combination. If the conditional use permit were revoked and Big Island,
Inc. wished to continue using the property for its activities it would need to obtain a new
conditional use permit.
630 Big Island was granted a lot area variance in September, 1983. As required the property
owner signed a tax parcel combination form before the application was processed. But the
City did not file the form. The property owner has not responded to Staff s request to sign a
new form. Without the lot area variance the property owner could not expand the existing
cabin or build a new one unless a new lot area variance was received.
It is hoped that the threat of revocation will encourage these property owners to respond to
Staff's requests.
ACTION REQUESTED
A motion to order public hearings for March 15, 2010, to consider revocation of the
conditional use permit granted by Resolution No. 3006 and the lot area variance granted by
Resolution No. 1�40.
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�\`!�,, � ,�� r�, � �cS�,j'� Municipal Offices
��.� ` '�'� `�����'� Street Address: Mailing Address:
`�`q$'Egg04',%' 2750 Keiley Parkway P.O. Boz 66
- Orono, MN 55356 Crystal Bay, MN 55323-0066
February 12, 2010
Jim Holan
Department of Property Tax and Public Records
A-607 Hennepin County Government Center
300 South 6th Street
Minneapolis, MN 55487
The combination of these parcels was a condition to a variance granted in 1983.
If you have any questions or there are issues please contact me.
Sincerely, �
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Evelyn��'urner
City Planner
952-249-4623
eturner@ci.orono.mn.us
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
Hennepin County Government Center
Department of Property Taa and Public Records
A-607—Attn: Jim Holan, ID Controller
Minneapolis, MN ��487
I hereby make request for a combined assessment and legal combination of the followin�described
land:
Orig. PID # 22-117-23-31-0009
Orig. Address: 630 Bia lsland
Legal description: Lot 11 Pleasant View Lake Minnetonl:a
and
Orig. PID � 22-117-23-31-0010
Orig. Address: 630 Bi� Island
Legal description: Lot 12 Pleasant View Lake Minnetonl:a
and
Orig. PID � 2�-117-23-31-0011
Orig. Address: 630 Big Island
Legal description: Lot 13 Pleasant View Lake Minnetonka
New Address: 630 Big Island
Mun�cipal,Cod�38 TaX Year: �010
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Pr`int name: Jeffre�' A. P son! '�
For the Fee O��ners Ta�payer � ;
Date: Date:
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Taxpayer's Address:
1734� 9th Avenue N
Plymouth MI� ��447
❑ 1 —Pendina Combinations(Depury Clerkj ❑ 1 —Street File
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� .� Street Address: Mailing Address:
9�fEggOg' 2750 Kelley Parkway P.O. Boz 66
= Orono, MN 55356 Crystal Bay, MN 55323-0066
Apri128, 2009
Jeffrey A Person
17345 9th Avenue N
Plymouth MN 55447
Dear Mr. Person:
The City has been reviewing the files for properties on Big Island to ensure they are all in order.
In 1983 the City rezoned Big Island to require a five acre minimum for new lots. The ordinance also
included a list of"record lots"that were smaller than five acres but would be granted permanent lot
area variances if the owner agreed to combine them into one tax parcel so they could not be sold
separately. The three tax parcels that make up 630 Big Island was one of these record lots. In 1983
Douglas Person signed and submitted the necessary forms. (See enclosed copies.) The variance was
approved and recorded. But the tax parcel combination never submitted to Hennepin County. We
need you and the appropriate representative of the owners to sign a new form to combine the three tax
parcels into one. I've enclosed the form and a map to show you where the parcels are. This is
necessary to make the variance valid.
I've also enclosed an envelope to return the form. If you have any questions feel free to contact me.
Sincerely,
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Evelyn Turner
City Planner �
952-249-4623 ,;��;` c CJ
eturner@ci.orono.mn.us �
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Telephone(952)249-4600 • Fax(952}249-461fi
ww��.ci.orono.mn.us
Hennepin County Government Center
Department of Property Tax and Public Records
A-607—Attn: Jim Holan, ID Controller
Minneapolis, MN 5�487
I hereby make request for a combined assessment and legal combination of the following described
land:
Orig. PID # 22-117-23-31-0009
Orig. Address: 630 Big Island
Legal description: Lot 11 Pleasant View Lake Minnetonka
and
Orig. PID # 22-117-23-31-0010
Orig. Address: 630 Big Island
Legal description: Lot 12 Pleasant View Lake Minnetonka
and
Orig. PID # 22-117-23-31-0011
Orig. Address: 630 Big Island
Legal description: Lot 13 Pleasant View Lake Minnetonka
New Address: 630 Big Island
Municipal.Code: 38 Tax Year: 2010
Print name: Jeffrey A. Person
For the Fee Owners Taxpayer
Date: Date:
Taxpayer's Address:
1734� 9th Avenue N
Plymouth MN �5447
❑ 1—Pending Combi�ations(Deputy Clerk) ❑ ]—Street File
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STAT� Or i1IP]i1�SOT7� )
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COUP1^lY OI' ���I�PII:PII�d ) ss .
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CITY OF OROi10 )
I , Alberta r1. Strorn, City Clerk of the Cityo uf Orono,
I-Iennepin County, P'linnesota, do hereby certify that I have
compared the foregoing cop�� of a resolution of the City Council
of the Cit� of Orono with the original record o_f such resolution
in the P�Sinutes of the proceedings of said City Cotzncil at a
meeting of said City Council held on September 26 � lg 83 �
ann that the sane is a true and correct copy oF said original
record and that said resolution was duly adopted by said City
Council at said meeting.
In ��7itness [°7hereof, I have hereanto set r.1y hand and
seal this 5 , day of October 19 83
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Ms . Jean f9ahusth
October 25, 1984
Page 2
6. Res . No. 1535 ( Bryson ) , filed October 5, 1984 , as
Docur�ent P1o. 4932151 ;
7. Res . No. 1537 ( Saari ) , filed Octc�ber 5, 1984, as
Document Pdo. 4932152;
8. Res . �10. 1538 ( Fieger ) , filed October 5, 1984 , as
Docur�ent t��o. 4932153;
9 . Res , r1o. 1539 ( Liljemark ) , filed October 5, 1984, as
Document No. 4932154 ;
� 10 . Res . No. 1540 ( Person) , filed October 5, 1984 , as
Document No. 4932155;
11 . Res . No. 1541 ( Herrmann ) , filed October 5, 1984, as
Documer�t No. 4932156 ;
12 . Res , r�o. 1542 ( Prince ) , filed October 5, 1984 , as
Document �o. 4932157 ;
13 . �es , r�io. 1543 ( Knudson) , filed October 5, 198�, as
Docur�ent No. 4932158 ;
14 . Res . No. 1544 ( Backes ) , filed October 5, 1984, as
Doc�ir�ent P�o. 4932159 ;
15 . Res . No. 1545 ( Larson ) , filed October 5, 1984, as
Document No. 4932160;
16 . Res . No. 1546 (Taylor ) , filed October 5, 1984, as
Docur�ent P1o. 4932161 ;
17 . Res . No, 1548 ( Brennan ) , filed October 5, 1984, as
Docur�ent Pdo. 4932162;
18. Res . No. 1549 ( Johnson) , filed October 5, 1984 , as
Document P1o. 4932163;
19 . Ftes . No. 1550 ( Fruen/Stone) , filed October 5, 1984, as
Document No. 4932164 ;
20 . Res , rlo. 1551 ( Hales) , filed October 5, 1984, as
Document No. 4932165;
7.1 . Res . No . 1553 ( Esco/Dean) , filed October 5, 1984, as
Docur�ent No. 4932166 ;
Ms . J�an Mabusth
October 25, 1984
Pa9e 3
22, Res . No. 155� ( Fruen) , filed October 5, 19II4 , as
Document P�o. 4932167 ; _
23 , Res . No. 1660 (Gdillits ) , filed October 5, 1984 , as
Document P�o. 4932168 ; and
24 . Res . No. 1654 ( Fulmer ) , filed October 5 , 1984 , as
Document t�o. 4932169 .
If you should have any questions regarding this Matter ,
please do not hesitate to contact r�e .
Very truly yours ,
Tappie Thornton
Legal Assistant
TT/Jr�r.
;nclosures
38161
POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD.
4344 IDS CENTER
MINNEAPOLIS, MINNESOTA 55402
TELEPMONE AND TELECOPIER
6i2-333-a800
WAVNE G. POPHAM BRUCE D. MALKERSON ROBEI7T C.MOILANEN 2060 PETRO-LEWIS TO�NER
ROGER W. SCHNOBRICH JAMES R.STEIIEN STEVEN G. HEIKENS 717 SEVENTEENTH STREET
DENVER KAUFMAN JAMES B. LOCKMART THOMAS F. NELSON DENVER,COLORADO BOZO2
D/.VID 5. DOTY ALLEN W. MINDERAKER THOMAS J. F7AD10 TELEPHONE AND TELECOPIER
ROBERT A. MINISH CLIFFORD M. GREENE DAVID L.HASHMALL � 303-292-2660
ROL�E A.WORDEN D.WILLIAM KAUFMAN KATMLEEN M. MARTIN
G. MARC WNITEHEAD OESYL L. PETERSON JOHN C-CHILDS �
BRUCE D.wILL15 MICHAEL O. �REEMnN DOUGLAS P. SEATON SUITE 802-2000 L STREET,N.W.
FREDERICK 5. RICHARDS THOMAS C.D�o.0U1LA BRUCE B. MCPHEETERS WASHINGTON, D. C. 20036
G. ROBERT JOMNSON LARRY D. ESPEL GARV D. BIACKi'ORD TELEPHONE AND TELECOPIER
GAaY R. MACOMBER JANIE S. MAYERON SCOTT E.RICMTER 2p2-gg7-5154
ROBERT S. BURK DAVID A.JONES GREGORV L,WILMES
'+UGM V. PLUNKETT, III LEE E.SNEEHv ELIZABETM A.7MOMPSON
�REDERICK C. BROWN LESLIE GILLETTE OF COUNSEL
-HOMAS K. BERG MICHAEL T. NILAN FRED L. MORRISON
October 25, 1984
t�ls . Jean A7abusth
City of Orono
P. O. BoX 66
Crystal Bay, MN 55323
Re : Our File No. : 3643-047
Dear Jean :
Please find enclosed the original r.ecorded docur�ents as
follows :
1 . Res. No. 1529 (Ahern ) , filed October 5, 1984, as
Docur�ent No. 4932146;
2 . Res . No. 1530 (Eiailey/Scriver ) , filed October 5, 1984,
as Document r1o. 4932147 ;
3 . Res. No. 1531 (Carlson) , filed October 5, 1984 , as
Docur�ent No. 4932148;
4 . Res . Nc. 1533 (Granrud) , filed October 5, 1984, as
Docur�ent No. 4932149 ;
5 . Res . No. 1534 (Ahern) , filed October 5, 1984, as
Document Pdo, 4932150 ;
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RESOLUTION OF THE CITY COUNCIL;,, .,.. ._ r:rr' ;-��
NO. 1540
� APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO ��
• � • • PURSUANT TO ORDINANCE N0 . 246 , SECTION 34 . 366
BE IT RESOLVED by the City Council of Orono , Hennepin County , Minnesota :
FINDINGS
1 . That Dou�las E . & Alvina B . Person ��� (are) the
owner (s) /taxpayer (s) of record of the following described property
located within the RS Seasonal Recreational Zoning District of the
City:
L,ots .l]_, 12 �n�: 13', Pleasant View Lake I�iinne�onka, Herinepin
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 "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 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 .
�,
. A �
PAGE 2 ; RECORD LOT N0 . �� : RESOLUTION N0 . ���/_/J�
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 LUT use may be so limited by the City ; and
agrees to the recorciing of this resolution in the chain of title of
the property .
Adopted by the Orono City Council on ther-�l day of �>; , 1983.
ATTEST : CITY OF ORONO
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City C "rk Mayor
( 1) � ��u�.� (2) �'�"t,+�,,,ti /� ,/ �t_ _ i -- -
Pr perty Owner (s)
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this ��'�''�" day of �,�./.l , 19�3 , before me , a Notary Public within
and for said County , personally appeared Douglas E & Alvina R .
Person
known to me to �e tne persvn (s) desczib�d in and who executed trie foregoing
ir.strumaat , and acknowledged th�t he (they) executed the same as his (their)
free act and deed . /
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2 My Co,r�r,�ission Expires Feb.8. 1� 7�C OMM I S S I ON EXP I RE S
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This document is being recorded for the benefit of the
City of Orono per Minnesota Statutes 386 . 77 .
Leslie Gillet , City Attorney
State Deed Tax Due Hereon : Exempt
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This instrument was drafted by :
City Of Orono
P .O . Box 66
Crystal Bay , Mn. 55323
473-7357
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l��"�Y ;�,�"'� On the North Shore of Lake Minnetonka
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February 15 , 1983
Record Lot ;E42
Dougias E. Per•son
17815 - 3rd Ave. No.
Plymou�h, MN 5544?
Dear Tsland Landowner :
The purpose ot this letter is to provide you with information regarding
the recent zoninb 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 9i246 on December 30 , 1982 . This
action also ended the development moratorium that had been in effect
since November 9 , 1981 .
A summary or the ordinance is attached . If you are interested , a
complete text of the ordinance is also available for a nominal charge
of $3 . 00 to defer printing and r.►ailing 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 or island property . Based on this record , t:�e ordinance
then "grandfathers" building rights for these Record Lots by maicing ther�
eligible for 1ot area variances . This �eans 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 ��erify the Record Lot information on the attached blue page
and notify the City if there is a problem or a change .
(over)
BUILDING& "LONIVG-473•7357 • AU191NISTRA7lON& FItiANCE -473•7358 • PUBUC WORKS -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 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
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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� ' � ' Pust UfCice F3ox 66�Cr,ysta! F�ay, Minnesota 55323•Municipul Oftices
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=`--yt`,'.".; .. : 473-7357
, O�t the North Shore of Lake lllircnetonka
ORDINANCE N0. 2'�6 RS SEASONAL i2ECR:ATION�L ZOtiING
OFFICIAL RECOt'i� LOT NOTICE FEBFUARY 15, 1953
This notice is provided to the ow-ner/tahpayer of record accor3ing to Ordinance ;r246,
Section 34.336. The follo�aing 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 for,ns the basis for the grantiz�g of automatic lot area variances
that "Grandfather" existing properties of less than S acres in area.
RECORD LOT means all the contiguous or abuttino land owned in comr,ion by the same per.son
or persons as of November 9, 1951, (the effective date of the island moratorium) or
at any time such common-o�,mership 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 tti=�
islands, also included within the definition of a "Record Lot" is co:nmonly-owned land
that is contiguous except for being separated only by platted unopened public right-of-way.
This RECORD LOT consists of 3 tax parcel(s)
as follocas:
Record Lot �142
Douglas E. Person �a _ //7�3 3� Ba4�
17815 - 3rd Ave. No.
Plymou�h, MN 55447 �� - //7- �3 3/ 40/O
�a - //7 - 23 3/ oa,//
APPROXIMA'TE SIZE � �/ACRES 6 CLASSIFICnTI0:7:
(size ia exclusive of any v�eLlands)
OVER 10 ACRES, (^tay be SUBDIVIDA9LE)
OVER 5 ACRES, but LESS TIfAN 10 ACRES
�(cozforninq but not SUHDIVIDABI.�)
SUSSTANDARD/SU:LDABLE (less than 5 acres;
a new seasonal cabin map be built, or aa i.XZSTING L'SE CLASSLFZCATIOR
existing seasonal cabin may '�e i^proved,
ad3ed-onto or seplaced, subject to setbacks, RECR�ATIONAL USE 0":LY (without a cabin)
per:nfts, etc., 5ut without requirinq further �SEhSGNAL CABiN, use3 180 days or less/year
City Council review) lif your cabin is used more than i80 ci�ys/
UNBUILDASLE (a.eans a vacar►t lOt of les9 than year, a.ease cor.,plete the YEL:.OY7 aopliCatioa)
1/2 acres may be used for recreational puzposes Seasonal Cabin �1us a PRIVA:E GUEST ChBZN
without a cabfn, but requires a Conncil appzoved Other CO:SDZTIO:JAL USE
variance to be bsilt on) "
PLEAS� VERIFY THE ACCURACY OF THE ABOVE INFOP,MATION. 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 fdISH TO CHALLENGE THE RECORD LOT UETER'�fINATION AND/OR T'HE CLASSIFICA'TION 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 [o verify any challenge such as surveys, utility bills, copies of rer_�,rded
deeds, etc.
Owner/Taxpayer �� Uate i Phc;ne
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�' T �'��"�+� ?�; Yost Office Box 66•Crystal Bay, Minnesota 55323•Municipul Offices
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��y���'��� =°; On the North Shore of Lake Minnetonka
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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 March 2`�, 1983 � 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 LAIv'D (all
of which combined are identifed as Orono Record Lot No. Q� ) :
��- //� - �3 3/ �oo�
� � �a -�i� - �3 3/ 00�6
�� - //7 - �3 3/ oo//
,�n
C ITY NO. 38 `~' ' �"��'''�"`""'
FOR 1983 TAX YEAR Sign ure of Fee Owner
Signature of Taxpayer (if different)
17815 3rd Avenue North
Plytnouth, MN 55��7
Taxpayer's Mailing Address
(OFFICE USE ONLY)
COMBINED CURRENT VALUES
H OR AGR EXNIP. LAND BUILDING MACHINE TOTAL FULL TOTA�,
N. H. A2`TD TRUE ASSESSED
BUILDING&ZONING— 473•7357 • AD�1111STRATt01& F1VA�CE — 473•7358 • Pl'BLIC K'ORKS— 473•7359
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