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HomeMy WebLinkAbout#2258 Recorded Resolution 3935SEP 12 t997 6783060 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3935 NO. ____ ~-- APPROVING A LOT AREA VARIAN CE FOR RECORD LOT NO. 37 (180 BIG ISLAND) PURSUANT TO ORDINANCE NO. 246, /MUNICIPAL ZONING CODE SECTION 10.31 FILE #2258 RESOLVED, by the City Council of Orono, Hennepin County, Minnesota: FINDINGS 1. That Gerald E. Walsh is the owner of record of the following described property located within the RS Seasonal Recreational Zoning District of the City of Orono: 2. Lots 29 and 30, Morse Island Park, Hennepin County, Minnesota (hereinafter the property). That in adoption of Ordinance No. 246, the City Council reviewed ownership, development and use patterns on the islands and determined 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. 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 effect 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: Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 3 ;i 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. The owner shall legally combine the two tax parcels as a condition of this approval. 3. 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 compliance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. 4. 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. 5. 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 this 28th day of July, 1997. Page 2 of 4 CITY of ORONO RESOLUTION Of T!f 13CITY COUNCIL NO. ;:j ~ 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of July, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A. HASEMAN NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2noo k~~~~~~~~~::,f?&.,,~- Notary Public Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 3 5 On this //-/h day of J ,s + , 1991__, before me a Notary PublicwithinandforsaidCounty,pe'"sonall appeared~,,rc(j F. h/c{sbr1 Vc,lerieL.l,)0 /~h. b,,,,h,,;Ycf'f~ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) execute e same as his (their) free act and deed. ' Notary Public . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ___ day of __________ , 199 , 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 Page 4 of 4 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION # 3. 9 3 5 I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on · July 28 , 19 --22_, and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this -------29th day of July 29 , 19 97 (') :0 0 m "1J () -< "T l .,, m IT 1 f11 fl I ~ --....... ~ \ ~~ \ ~ r-, ' j -:, c:: -, -.:: r'.'.: ,.,., :;;;, C --: , ;-f':1 ; •rJ (?:I.) (r) - CJ r~ :i.-~ .......,_ ~ '· Q..C., -,r ·.r·.J ,-"'()I):, .....