HomeMy WebLinkAbout#10-3452 Resolution 5923CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 9 2 3
A RESOLUTION
APPROVING A LOT AREA VARIAN CE
FOR RECORD LOT NOS. 63 AND 67
PURSUANT TO ORONO CODE SECTION 78-563
FILE NO. 10-3452
WHEREAS, the following property, also known as 240 Big Island or Record Lot
63, is situated on Big Island and is zoned RS Seasonal Recreational: Lots 17 and 18, Morse
Island Park, Hennepin County, Minnesota 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, the following property, also known as 250 Big Island or Record Lot
67, is situated on Big Island and is zoned RS Seasonal Recreational: Lot 16, Morse Island Park,
Hennepin County, Minnesota; 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 the above described property is and shall hereinafter and henceforth be one
"Record Lot" as defined by Orono Code Section 78-568; and
WHEREAS, an application has been filed for a lot area variance for the
combined Record Lots 63 and 67 as outlined in Orono Code Sections 78-563(a)(2); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Mi1mesota, City Code, the Orono Planning Commission held
a public hearing on February 16, 2010, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #10-3452.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 9 2 3
2. The combined area of Record Lots 63 and 67 is 0.57 acre.
3. The intent of Section 78-568(8), based on an examination of Ordinance 246, is that if two
or more contiguous record lots listed in Section 78-568(7) as unbuildable are combined to
a create a parcel of at least 0.50 acre then the combined record lots are eligible for a lot
area variance as outlined in Section 78-563.
4. The Planning Commission reviewed this application on February 16, 2010, and on a vote
of 5-0 recommended approval of the variance.
5. The above described property when combined is still less than the minimum lot size
required for new lots in the RS district, but the combined Record Lots may be used in the
future for any permitted use in the RS District without adverse affect upon public health,
safety, or welfare.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a variance to the above
described Record Lots subject to the following conditions:
1. These combined Record Lots, 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
combined Record Lots as a single unit or the merging by tax parcel combination
of the combined Record Lots 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 the combined Record Lots may be used for one-
family seasonal recreational use without a structure or a seasonal dwelling may be
constructed without requiring fu1iher City Council review of lot size, but subject
to compliance with all building permit, setback, hardcover, on-site sewage
treatment and other perfomrnnce standards for development in the RS District.
3. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 9 2 3
Adopted by the Orono City Council on this 8th day of March, 2010.
ATTEST: -/ I//
1~ -t/A ;a S. Vee, City Clerk
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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 March 8, 2010, with the 01iginal 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 11 th day of March , 2010.
City Clerk
(seal)
A RESOLUTION
APPROVING A LOT AREA VARIAN CE
FOR RECORD LOT NOS. 63 AND 67
PURSUANT TO ORONO CODE SECTION 78-563
FILE NO. 10-3452