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HomeMy WebLinkAbout#2361 Recorded Resolution 4109701839 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL ~ ii u ,:·1 NO. ~ · \~ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.31, SUBDIVISION 6 AND REVISING THE RECORD LOT DESIGNATION FOR BIG ISLAND RECORD LOT NO. 15 · -FILE #23·51 fa>< </9/ WHEREAS, William and LaWayne Yaeger (hereinafter "the applicants") are ovvners of property located at 310 Big Island within the City of Orono (hereinafter "City") and legally described as follows: Lot 64, Morse Island Park, Hennepin County, Minnesota (hereinafter "the Yaeger lot"); and "\,VHEREAS, Nancy Lee Fames (hereinafter "Fames") is the owner of property located at 310 Big Island within the City of Orono and legally described as follows: Lot 65, Morse Island Park, Hennepin County, Minnesota, and Lots 8, 9, 10, and 11, Morse Island Park Second .Addition,' Hennepin County, Minnesota (hereinafter "the Fames lots"); and · · WHEREAS , Big Island Record Lot No. 15 as designated in Orono Zoning Co de Section 10.31, Subdivision 6(F) is comprised of Lots 64 and 65, Morse Island P ark and Lo ts 8, 9, 10 and 11, Morse Island Park Second Addition; and WHEREAS, the applicants have made application to-the City of Orono for a lot area vari ance to allow the construction of a seasonal dwelling on Lots 64 and 65, Morse Islan d Park, and have requested that the desig nated combination of lots which comprise Big Isl and Record Lot No. 15 be revised to include only Lots 64 and 65, Morse Island Park. NOV./, THEREFORE, BE IT RESOLVED by the City Co u ncil of Orono, M innesota: F I NDINGS Page 1 of 6 OEC 1 0 ,;,..,L, CITY of ORONO RESOLUTION OF THE CITY COUNCIL .IA ·i: 0 '1}1 NO. Lez_ Jl. -~,Ji . ~ 1. This application was reviewed as Zoning File #2361. 2. In 1983 the City rezoned Big Island from LR-lA-1 Single Family Lakeshore Residential Subdistrict to RS, Seasonal Recreational District. The subject properties are located in the RS District. The 1983 rezoning included establishment of comprehensive standards for development and use of the island, which standards are codified as Orono Zoning Code Section 10.31. 3. A key element of the 1983 rezoning was designation of individual lots or groups of commonly-owned lots, as "Record Lots", based on historic ownership and use patterns. Each Record Lot was numbered and categorized as "Subdividable", 11 Conf01ming 11 , "Substandard" or "Substandard Unbuildable", based on acreage and on whether the site was currently developed. A total of 69 "Record Lots" were so designated, and 'automatic lot area variances' were authorized for those that were considered as buildable Record Lots. 4. Lots 64-65, Morse Island Park and Lots 8-9-10-11, Morse Island Park Second Addition, were designated as Record Lot #15, by virtue of their common ownership by Roy Ahern as of November 9, 1981. Record Lot #15 was categorized as "Substandard -Buildable" with a combined acreage of 2.5 acres. Ahern protested the Record Lot designation in 1983 and subsequently sold his six separate tax parcels to six different persons. Each of the six parcels since 1983 have been considered as individually unbuildable per the RS District ordinance. 5. Lots 8-9-10-11 are separated from Lots 64-65 by a dedicated roadway. Lots 64- 65 abut the lakeshore, while lots 8-9-10-11 do not abut the lakeshore. 6. Tha applicants constructed a cabin on Lot 64 in 1997 to replace a cabin that previously existed on the site. No building permits were applied for nor issued, and the cabin was constructed at a location not meeting the required 75' lakeshore setback and comprising illegal hardcover on the 0-75' lakeshore setback zone. Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4] 0 '9 7. The Orono Planning Commission reviewed this application at a public hearing on June 15, 1998 at which time the applicants indicated they had the ability to acquire Lot 65 from Fames for legal combination with Lot 64. The applicants further proposed to relocate the cabin to a conforming location within Lots 64- 65. The Planning Commission voted 6-0 to recommend approval of a lot area variance for the combination of Lots 64-65, comprising a total combined area of approximately 0.5 acres and having a defined width at the shoreiine of approximatel' ;8'. The Planning Commission further recommended that Lots 64-6 5 hence. ~1 be designated as Record Lot 15 and that Lots 8-·9-10-11 be legally combi ,;d with an adjacent existing Record Lot (potentially with Record Lot 16), subject to approval of Fames. The lot area variance and redesignation of Record Lots is justified by the following: a. The net result is that no additional Record Lots will be created on Big Island, hence the overall density will not increase, which is in keeping with the City's ordinances and Comprehensive Plan goals and policies for the Island. b. The combination of Lots 64-65 will allow development of Record Lot 15 for the allowed seasonal recreational purposes without the need for further variances. c. As many as 20 other Big Island Record Lots which are designated as "substandard -buildable" are 0.5 acres or smaller in area, hence approval will not be out of character with the neighborhood. d. The proposal is an amicable solution to a long-standing dispute between the City and the former property owner. 8. Farnes has provided a letter to tfa::' City indicating agreement v.rith the redesignation of Record Lot 15 as proposed and stating an intent to attach Lots 8-9-10-11 to another adjacent existing Record Lot; this letter is attached to this Resolution as Exhibit A. 9. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 l OH The City Council finds that the combination of Lots 64 and 65 to become redesignated Record Lot 15 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. 11. The City Council finds that foe conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial prope1iy right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants approval for the redesignation of Big Island Record Lot 15 as being solely comprised of Lots 64 and 65, Morse Island Park; and further grants a lot area variance for said Record Lot 15 based on the above findings and subject to the following conditions: 1. The approvals granted within this Resolution rely on the applicants' acquisition of Lot 65 and shall take effect only upon the applicants' successful legal combination of Lots 64 and 65. 2. Granting of this variance means that Record Lot 15 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. Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 410 9 Granting this variance shall not vest any rights in the property other than as specifically provided in Municipal Code Section 10.31 and shall not preclude a future City Council from amending, modifying or otherwise limiting development rights and/or performance standards in the RS District. 4. Applicant shall within 6 months of the date of this Resolution, relocate the cabin on Record L ot 15 to a conforming lo cation and prov ide it \.V ith a conforming foundation. 5. This Resolution shall not vest any rights with regard to Lots 8-9-10-11, which shall remain in their cunent status as unbuildable individual tax parcels until such time that they are legally combined with an adjacent existing Record Lot. 6. Authorities granted by this variance nm with the property not with the applicant, but are permissive only and must be exercised by application for a building . permit within one year of the date ·of Council approval, or this variance will expire on that date (July 13, 1999). 7. Violation o f 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. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, h ereby ag rees that Lots 64 and 6 5, Morse I sl and P ark , -:::onstitute a single -Record Lot; agrees that the 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. _ .. _.-·:d/)~ti1i{ff):'.;:f,\dopted by the Orono City Council on this 13th day of July, 1998. :fr? \/,i-:-~;:=-f {-:}\::•:.~/: -;~ATJTJ ·.'-''D.,-.,·.,. o .. ,. t~.vr:;?>iG~il ~~1 .Ji.: . :;:~i L iii.d a ':iL .y ~P, /}ity Clerk r;:{.)·.;':\.·.~;;-;::},.· . ...-,' ... )'' .. , Page 5 of 6 . . .. '·, .. ,· ' STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. Al O 9 The foregoing instrnment was acknowledged before me on this 13th day of Jul y, 1998 , by G abriel Jab bour & Linda S. Vee, May or & City Clerk of the City of Orono, a Minnesot a municipal corporation and said instrument was executed on behalf of the Cit)'. ~ C ff~" ... _J Notary Public 7 STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this '-f+n day of---'----'-=---=+->............,'---- within and for said county, personally appeared ftLl-<I-U(;l~...11.4'~:..L...'-"'-"""'---""'JJI.L.u;:_---LU,c...>f!~.LUl..-lJILIIUIU.Cle , known to me to be the person(s) described in and who executed the foregoing mstrument, and acknowledged that he(they) executed the same as his (their) free act and deed. CAROL E A HA SEM AN NO TA RY PU BLIC-M IN NE SOTA HENNEP IN COU NTY My Comm iss ion Exp ires Jan. 31 , 2000 NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ________ day of ________ ., 1997 before me a Notary Public w ithin and for said county, personally appeared _________________ _ known to me to be the person(s) described in and who executed the foregoing instrument, and aclmowledged that he(they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 6 J~N-22-1998 17:40 LJese l\:j Miller P.001/001 JUH-~•199Q 14147 .... ,,f., b l ; · Chy of Orono Orono Chy Councn P.O. Box66 CryatAl Day,.MN 55323 Ile: z.crons File No. 2361 William and La Wayne Yugar Dw Ctty Coun~u~ I ! June 2l, 199& I Tho purpoe,c of lhi1 lotter is \0 icknowlqe our aareement with tho proposal of Williasfi a La Wayne Yuacr .rcgardlna their propmy on Bit llland. At th\101'GC. Nancy fames owna ~els 8, 9, 10, 11 an&! 6.5 ofltooord Lot 1,. ln addition, R.acord Lou 16, 63 Md 69 are in our oonrl Wflll. . I We. an Jn a;reement with Tlle Yaepn' propo11\ that Uwy a,c.qulro Parcel 6S for \he purpdte o combinlna lt 'Wilh Parul 64 and dW Ult remalnlfti parctlt In Record Lot 1 S bG combined wlihiothe r1oord 10111 110 as to h&ve no net increue In the nwnber otbuildabto loll Oh Bia bland. I 1 Thank yo\l for your affltntion ~ Uliatance with l I I I rA A, t-11D9 TO'TAL P.002 6t :•3't JUN 22 '98 17:44 GaG/90 TOTAL P.001 PAGE.01 1. "' I ,, r ,. , o l ' ,, . ~ RESOLUTION# _ 4_l_0_9 __ •1 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) '· I, Linda S. Vee, 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 13, 1998 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereqf, I have hereunto set my hand and seal this -~1~6=th~_ day of July , 19 ----2.L.. Linda S. Vee, City Clerk 'J u ( .J '. I ._) J , I I I \ L) -----.... UJ !.!I ( Ll. ' ' ~ ~ ~ '' l l., '• ... ·, ..