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Home My WebLink AboutResolution 5926 , - `�DD /�� , � � � �,�� -- �� Doc No T4755964 I a��,.� '�`"�' k �" � � Certified, filed and/or recorded on 5/20/10 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 55 Pkg ID 627124 Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1005617 This cover sheet is now a permanent part of the recorded document. c i � � � �� A RESOLUTION APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO. 9 PURSUANT TO ORONO CODE SECTION 78-563 � o� 0 0 �' �� - CITY of ORONO ,� . ;;- �, 1 " �'�L �� G~ RESOLUTION OF THE CITY COUNCIL 9kESH04� NO. 5 9 2 6 A RESOLUTION APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO. 9 PURSUANT TO ORONO CODE SECTION 78-563 WHEREAS, the followin; property, also known as 700 Big Island or Record Lot No. 9, is situated on Bi� 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 1 17 North, Ran�e 23 West described as follows: Be�inning 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 Monumenr, thence Northeasterly in a straiaht line to the Southwest corner of Lot V, said Addition (now vacated) which corner is marked by a Judicial Monument; thence Noirtheasterly along the Southerly line of said Lot V to the Southeast corner of said Lot;thence Nor[h alon�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 alonQ 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 16� feet fi-om said Southeast corner of said Lot H to point of beginnin�; and. PARCEL ID NO. 22-1 17-23-24-0006(Torrens) Lots 27, 28, ?9, 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 3�, are marked by Judicial Monuments and; WHEREAS, in adopting the RS Seasonal Recreation zonin� district regulations the City Council reviewed ownership, development and use patterns on Big [sland 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 outfined in Orono Code Section 78-563(a)(2); and WHEREAS, on September 26`'', 1983 the City Council adopted Resolution No. 1557 �rantinQ a lot area variance. Page 1 of 2 � o� 0 0 '�� CITY of ORONO ,� �a� ,.. _ ti �� G~' RESOLUTION OF THE CITY COUNCIL �k'ESH04 NO. 5 � 2 b NOW, THEREFORE, BE IT RESOLVED b,y 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 conditions: 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 ar 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 may be used for one-family seasonal :ecreatior,a] use •;��thout a siructure or the exisiing dweilir,g may be used, impraved, 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 Disfict. This resolution replaces Resolution No. 1557. Adopted by the Orono City Council on this 12th day of April, 2010. ATTEST: ��Z�z- �� _ �.IM�ti� � /�.... wt..Y:B in a S. Vee, City Clerk Ja s M. White, Mayor Page 2 of 2 , , � . � STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on April 12, 2010, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 19`h day of April , 2010. � / [/�j �'n ��.i� �� '`� _�, /' � }�{ _ � e ,�y 6 ! �r� . �'i`�u'"`-�/� �i� � �k ��' ; � � �',��`'-� � • ��,Y= � �' f < < �'� City�Clerk � � � , � *�, � ��,;(se�l)�: r7 ':,;; � �f:, � a ��'; ,t•9 r �r eI�',y r r - t:� Z'�NAO i� � 4 /'y e � ,��NJq y 1 LI 'u' � � � ?j t'. .�n' � �4, p� � �� 1�. , C'� � �'r� � 9 �`;" i.v,,.� � , I .�}?�(��. ��y �,�: {¢} r .L;�., .��;1. +,��f,.s 1tn7'.*':x.a,.., . � MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 12, 2010 7:00 o'clock p.m. PL NING DEPARTMENT REPORT *5. #0 381 BARRY TANNER,3435 SHORELINE DRIVE (NAVARRE L ES)— CO IONAL USE PERMIT EXTENSION—RESOLUTION NO 25 Murphy moved, Bre seconded, to adopt RESOLUTION NO. 592 a Resolution Amending Resolution No. 5803, 3435 Shoreline ive. VOTE: Ayes 5,Nays 0. 6. CITY OF ORONO—C GES TO CHAPTER 7 , CONSTRUCTION OF SITE RUNOFF CONTROL—ORDINANCE O.69, THIRD S ES McMillan noted the last sentence in Section 3, , states that costs in excess of the amount of the security may be assessed to the property as special asse me s. McMillan commented that language is a little confusing given the section it is located in and sugge d that the age be moved to Section 5. Turner indicated she would make t change. McMillan moved,Breme seconded,to adopt ORDINANCE NO. 69, ird Series, an Ordinance Amending Chapter 7 of the Orono City Code Concerning Construction ' e Runoff Control,with the last sentence in Secti 3 being moved to Section 5,and to Adopt SiTMMARY O RDINANCE NO.69, THIRD SE S, an Ordinance Revising Chapter 79 of the Orono City Code Con uction Site Runoff Contr . VOTE: Ayes 5,Nays 0. *7. 700 BIG ISLAND—RESOLUTION REPLACING RESOLUTION NO. 1557—RESOLUTION NO. 5926 Murphy moved, Bremer seconded,to adopt RESOLUTION NO. 5926, a Resolution Approving a Lot Area Variance for Record Lot No. 9, Pursuant to Orono Code Section 78-563. VOTE: Ayes 5,Nays 0. MAYOR/COUNCIL REPORT Murphy asked what is happening with NAPA. White stated the owner of the building has decided to raise the tenant rates and that NAPA will be relocating to Spring Park. Murphy noted that Doug Franchot will be attending the April Planning Commission meeting in his place. Franchot stated the LMCC will be moving to the next stage regarding fiber optic,which is to reach out and communicate with the city administrators and mayors about the funding necessary for a full-scale plan. Franchot noted $1.4 million will be required to create a development plan. The LMCC will then go out and sell the bonds to construct the project. Murphy asked whether the project would be eligible for stimulus funds. Franchot indicated it would not be. ----------------------------...---------- Page 12 of 15