HomeMy WebLinkAboutRequest for council action on replacing a resolution REQUEST FOR COUNCIL ACTION
Date: April 12, 2010
Item No. �
Department Approval: Agenda Section: Planning Department Report
Name: Evelyn Turner e�
Title: City Planner
Item Description: 700 Big Island—Resolution Replacing Resolution No. 1557
(Granting a Lot Area Variance) - Resolution
List of Exhibits:
A. Replacement Resolution
B. Resolution No. 1557
Summary: Council is requested to adopt a resolution to replace Resolution No. 1557
Background: On September 26, 1983 ,as part of the first batch of"automatic lot area variances" for
properties on Big Island, Council adopted Resolution No. 1557 relating to Record Lot No. 9 or, as it is
also known, 700 Big Island.
As part of the review of Big Island files the original of the resolution was found but there was nothing
to indicate it had been recorded. The City Attorney's office found that the resolution had not been
recorded. The City Attorney reviewed the document and found it unrecordable because the property
owner in 1983 is not the current property owner and there are several errors in the resolution. A new,
recordable replacement resolution is required.
The variance was granted and remains valid. The attached resolution affirms the variance and
explains the situation of Resolution No. 1557. The two conditions still applicable are noted. The
name and signature of the owner is not included. They are not necessary to record the resolution.
(The same practice was followed on the resolutions for the variances recently granted based on
applications that were found unprocessed many years after they were submitted.)
COUNCIL ACTION REQUESTED
Adopt or amend the attached replacement resolution.
A RESOLUTION
APPROVING A LOT AREA VARIANCE
FOR RECORD LOT NO. 9
PURSUANT TO ORONO CODE SECTION 78-563
WHEREAS, the following property, also known as 700 Big Island or Record Lot No. 9,
is situated on Big Island and is zoned RS Seasonal Recreational:
PARCEL ID NO.22-117-23-24-0008(Torrens)
That part of Government Lot 6, Section 22,Township l 17 North, Range 23 West described as follows:
Beginning at the intersection of the South line extended of Lot H, Recreation Point(now vacated)with the
shore line of Lake Minnetonka;thence Southerly along said shore line to its intersection with the Southerly
line extended of Lot A, said Recreation Point(now vacated);thence Northeasterly through a point marked
with a Judicial Monument,distant 149 feet from the Southeast corner of said Lot A along the Southerly line
thereof to the Southeast corner of said Lot, which corner is marked by a Judicial Monument;thence
Northeasterly in a straight line to the Southwest corner of Lot V, said Addition(now vacated)which corner
is marked by a Judicial Monument;thence Northeasterly along the Southerly line of said Lot V to the
Southeast corner of said Lot;thence North along the East line of Lots V and U of said Recreation Point
(now vacated)to the Southeast corner of Lot T, said Addition,which corner is marked by a Judicial
Monument;thence Westerly along the South line of said Lot T to the Southwesterly corner thereof,which
corner is marked with a Judicial Monument;thence Northwesterly in a strai�ht line to the Southeast corner
of Lot H, said Addition, which corner is marked with a Judicial Monument;thence Northwesterly along the
Southerly line of said Lot H through a point marked with a Judicial Monument distant 165 feet from said
Southeast corner of said Lot H to point of beginning; and.
PARCEL ID NO. 22-117-23-24-0006(Torrens)
Lots 27,28,29, 30, 31 and 32 inclusive, Pleasant View, Lake Minnetonka, Hennepin County, Minnesota.
The Southwest corner and the Southeast corner of said Lot 27 and the Northwest corner of said Lot 32, are
marked by Judicial Monuments and;
WHEREAS, in adopting the RS Seasonal Recreation zoning district regulations the City
Council reviewed ownership, development and use patterns on Big Island and determined that all the
above described property combined is and shall hereinafter and henceforth be one "Record Lot" as
defined by Orono Code Section 78-568; and
WHEREAS, an application was filed for a lot area variance as outlined in Orono Code
Section 78-563(a)(2); and
WHEREAS, on September 26`�', 1983 the City Council adopted Resolution No. 1557
granting a lot area variance.
Page l of 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. City Staff did not record Resolution No. 1557 in the chain of title. No reason can be found for
this failure to follow standard procedure.
2. Resolution No. 1557 cannot be recorded because the property owner in 1983 no longer owns the
property and there are other errors in the document.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby affirms the area variance granted by
Resolution No. 1557. This variance remains subject to the following co��ditions:
1. This Record Lot including all the above described property 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 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 or the merging
by tax parcel combination of this Record Lot with one or more other Record Lots as long
as the merging results in a reduction in the number of Record Lots.
2. Granting this variance means this Record Lot �nay be used for one-family seasonal
recreational use without a structure or the existing dwelling may be used, improved,
enlarged, or replaced without requiring further City Council review of lot size, but
subject to compliance with all building permit, setback hardcover, on-site sewage
treatment and other performance standards for development in the RS District.
This resolution replaces Resolution No. 1557.
Adopted by the Orono City Council on this 12th day of April, 2010.
ATTEST:
Linda S. Vee, City Clerk James M. White, Mayor
Page 2 of 2
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�� Cit� o� ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1557
� APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO_�
• " • • PURSUANT TO ORDIN�NCE N0 . 246 , SECTION 34 . 366
BE IT RESOLVED by the City Council of Orono , Hennepin County , Minnesota :
�,. FINDINGS
1 . That N•S is (are) the
owner (s) /taxpayer (s) of record i the fo lowing described property
Zocated within the RS Seasonal Recreational Zoning District of the
City .
(See attached Exhibit A)
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 RFCORD 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 .
. �
.
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PAGE 2 ; RECORD LOT N0 . 9 : RESOLUTION N0 . -
3 . Granting this variance shall not vest any rights in the propert_y
other than as specifically provided in Ordinance No . 246 , and sna11
not preclude a future City Council from amending , modi�yinb or other-
wise limiting development rights and/or perforr�ance standards in the
RS District .
4 . The undersigned has read and understood the terms ot this resolution
and on behalf of himself , his heirs , successors and assions , 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 recorcling of this resolution in the chain of title of
� the pr�o�erty . �
�
I
� Adopted by the O�ono City Council on theL�'�day of , 1983 .
i
� ATTEST : CITY OF OR 0
I
I
! �r ,� �.
! city Cl k w Mayor
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i C1) _ �2� —
P o rty Own r (s)
STATE OF :�1INNESOTA )
) ss .
ICOUNTY OF HEN�TEPIN )
On this �day of 1�h.t/, 19 (! � , before me , a Notary Public within
and for said County , personally appeared
known tc :,�e to be the person(s) described in a who executed the foregoing
instrument , and acknowledged that he (t ey ex cuted the sam s his (their)
� free act and deed .
NOTARY PUBLIC
MY COI�IMISSION PIRES
This document is being recorded for the benefit of the
City of Orono per Minnesot� Statutes 3II6 . 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
PAGE 2 ; REC�RD LOT N0 . 9 : RESOLUTION N0 . —�
� . Granting this var�ance shall not vest any rights in tiZe property
other than as specifically provided in Ordinance No . 246 , and snall
not preclude a future City Council from amending , modifyinb or other-
wise limiting development rights and /or periormar.ce standards in the
RS District .
4 . The undersigned has read and understood the terms ot this resolution
and on behalf of himself , his heirs , successors and assions , agr�es
tnat the above described property constitutes a single RECOt.D LOT ;
agrees that the RECOP.D LOT use may be so limited cy the City ; and
a�rees to the recarding of this resolution i� the chain o� title of
the property .
Adopted by the Ozono City Council on the,�day of,��""`, , � „ ]. 983.
A�TEST : CITY OF OR0 0
// �� _
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l���l:_�' ':� ��. ' ���. /L
City C1 k Mayor -
( 1 } (2)
P o rty Own r (s )
STATE OF :�IINNESOTA )
) ss .
COUNTY OF HEI�NEPIN )
On tnis �day of l�V•.t/, 19 (J � , befcre me , a Notary Public within
and for said County , personally appeared
known tc me to be tne person (s) described in a who executed the foregoing
instrument , and acknowledged that he (t ey ex cuted the sam s his (their
f. ree act and deed .
NOTARY PUBLIC
MY COMMISSION PIRES
This document is being recorded for tne '�enefit of the
City of Oronc per Minnescta Statutes 3F36 . 77 .
State Deed Tax Due Hereon : Exempt
This instrument was drafted by :
City Of Orono
P . O . Box 66
Cr,�stal Bay , Mn . �5323
473-7357
• •
,
EXHIBIT A
Lots 27 to 32 inclusive, Pleasant View Lake Minnetonka,
and that part of the plat of Recreation Point Lake Minnetonka
now vacated corresponding to Lots A, B, C, D, E, F, G,
U and V and that part of the piece marked "park" on the
original plat lying south of a line running from the
northeast corner of Lot G to the northwest corner of
Lot U, Hennepin County, Minnesota