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#09-3433 - info regarding Lot 25
---- ------t....--- -++- ------- - -I _[ EXHIBIT A Lot F, Morse Island Park; that part of Lot 7 Morse Island Park lying south of the north 30 feet thereof; and that part of Lot 3 Morse Island Park Second Addition and of Lot G, Morse Island Park lying northeasterly of the north- easterly line of the southwesterly 50 feet of Lot 3 and same extended to Lake Minnetonka; all in Hennepin County, Minnesota c., )'1 't,~ v. /J. ~~ ~f--P--~-A w ' ~ ~ L;+ ~ ~ ~ ~~ ~ ~ L -tP ~ ~~J<:-l'c,A?,lJJ) ."-.J 6F .p ,bt /\-) c...-u-::iA--1_ "pv..-(:51..-L..--('. ,',.JG, i..A SE? ~ ~ vJb-V144-N I 8 0 \).4-y .j If€{?-L/"eAf<:;..) ~ ~r; ~~ 0-J.AS 81.,//1-t /,U /177 -'7S ·~ · . ~ (!P]AJ C GrZ/t!J~ V,.&2<~~ '{D /_0T ~ J )~DC.eivtsr<.. t4fvi:> ~~::::Jfo~ ~,4-ef<_ .. ~o-rr:s- tlJ-4r 'Tlfe= f--tt>uJ~ {.S <f _s' ~v--~ SMo~I /\..Je--ON -~ rt?&M fotf\...)q-DF A ~Dis, 1 ;&Nb 4,-,.0~ A ,)Zor01r1--~~l"-.J /6 1 fr'~//'-~ >Mo~ ~ ~lA.,r',.A\.J~. /N ~ /'717) ,. 21A l L--b IN G.c. I r-i S .P ~,,e___ </b.ht-_j A-C-O ,SS N~ '1i,J4?r S: Pee-< FL c_ f 1--0 )'VI /f,./ N <==, IJ{'l~ &'0 ~ ,Pe3 /{5-A-J ~ 6F '(14-1..3 /g-ol4 e ft,-everur ~ I rs VS[=> ~ A /2 -,IN'-otvv-1,/ /&<.sS l [Xc.N ~-; f::IJ)w~~ 1 p:1>12-77-H!: ~ I rD/\J~ f?!:P-Y~~ (11<-~:;c.,N LA.s~ 'ft~ f)-,,e-of'~/ ~ .De:s/<=,,-1'-J t s 4-£-i~- We N~ ~ '77:A-t: S'~~c s1s~ ,~ ~ ~ ~ _ ·~ ~ ~ ~ ........,._..,,LA" , \ C'~±L, ot<J J .;;!( ~-~-i,__ /18 6 . . ._ ~~ ~ ~~~(~) ~--uj;(~ ~ l;!4_Q ·v.,· ~ ~ ~ r 3 -~ ~ - CITYofORO 0 Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices March 10, 1986 George V. Hanson 240 Chester St. St Paul, MN 55107 Re: Record Lot #25 On the North Shore of Lake Minnetonka Dear Big Island Landowner: In reviewing our Big Island files, it has come to the City's attention that you (or a previous owner of your Big Island property) never returned the proper forms for granting of an automatic lot area variance in 1983, when the "RS" or Seasonal Recreational Zoning· District was created. Perhaps this was an oversight, or perhaps you did not wish to return the forms at that time. In either case, your Big Island property currently has NOT been officially granted variances to lot area or lot width, and you would have to file for these variances in order to be allowed to do any building or remodeling on your property. Although nearly 2/3 of the Big Island property owners returned the proper forms to be granted the lot area variances in 1983 (at no cost to the property owner), approximately 1/3 have not returned them, and the filing fee for a variance application currently is $150.00. Because there may have been some misunderstandings of the no-cost automatic variance procedure in 1983, you again have the opportunity .:!:_o return the ,PEOPe.!:_ forms and be granted the lot area variance at no charge. Attached you will find the following documents: A) Copy of letter to you dated February 15, 1983, describing how to be granted the automatic lot area variances. B) The official record lot notice (blue paper). C) 3 copies of an official resolution draft (white paper with green City loge). D) A description of specific uses that require a Conditional Use Permit (yellow paper). BUILDING & ZONING -473-7357 ASSESSING Page 1 of 2 ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473-7359 E) An official lot combination/combined assessment request form (Your lots as descrited on the official record lot notice must be legally combined as part of the automatic lot area variance process). (Green paper). F) A summary of the 1983 "RS" Zoning Ordinances. The procedure to follow in order to be granted the automatic lot area variance is as follows: 1) Review the information on the blue record lot notice. If no changes are necessary, sign all 3 copies of the official resolution draft and have them notarized. Send all 3 copies back to the City. 2) If you wish to apply for a specific use that requires a Conditional Use Permit, note that on the yellow form and return that form also. 3) Sign the green lot combination form and return it to the City with the other items. Forms must be submitted by Wednesday, April 30, 1986 in order to be granted the variance at no cost. Please contact Mike Gaffron at the City offices at 473-7357 if you have any questions. Sincerely. / ' c: /J /:) /1 /) /J " I I. ,-"--·<:7_ y/1YL,d--~1/ /:P~-----· Michael P. Gaffron Assistant Zoning Administrator Enclosure Page 2 of 2 CITY of .. ORONO Post Office Box 66• Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka February 15, 1983 : Dear Island Landowner: The purpose of this letter is to provide you with information regarding 0 the recent zoning changes on Big Island, and how these changes may affect your property. The new RS Seasonal Recreational zoning regulations were established•. by City Council adoption of Ordinance #246 on December 30, 1982. This action also ended the development moratorium that had been in effect since November 9, 1981, A summary of the ordinance is attached. If you are interested, a complete text of the ordinance is also available for a nominal charge of $3.00 to defer printing and mailing costs. Your property is identified in the ordinance by the Record Lot Number shown above and on the attached blue page. This identification is part of a special section that inventories lot by lot the ownership patterns and existing uses of island propert_y. Based on this record, the ordinanc then "grandfathers" building rights for these Record Lots by making them eligible for lot area variances. This means that for the first time even if your lot is less than five acres (or two acres under the previous ordinance) that you may now build a new seasonal cabin, or if you already have a cabin,that it may continue to be used, improved, added-onto or replaced with a new cabin, subject to building permits and setback regulations, etc,, but without questioning its use for building purposes, and without requiring any special City Council review. In order for you to automatically receive the benefits of the lot area variance, you should review and complete the following before July 1, 1983: 1. Please verify the Record Lot information on the attached blue page and notify the City if there is a problem or a change. BUILDING & ZONING -473-7357 ASSESSING • ADMINISTRATION & Fl:--IANCE -473-7358 (over) 0 PlJ(H.IC WORKS -473-7359 Island Landowners February 15, 1983 Page 2 2. If the Record Lot information is complete, please sign, have notarized and return the white Variance Resolution. State law requires that all zoning variances be recorded with the County Recorder in resolution form. Returning this resolution is optional, but if you choose not to do so, you may be required to pay a fee and file a formal variance application in the future if you ever plan to do any building on the property. There is no fee for having this automatic variance recorded at this time. 3. If your Record Lot consists of two or more separate tax parcels, a green form for requesting a combined assessment is enclosed. Please sign and return this to the City to allow your tax records to be changed into one parcel consistent with the zoning and to·assure the most favorable tax rate possible. 4. A conditional use permit issued by the City Council is required for certain land uses in the RS District, including the following residential uses: a) If you use or have used your cabin FOR MORE THAN 180 DAYS/YEAR. b) If you have MORE THAN ONE CABIN on your property. Refer to the enclosed yellow sheet for a definition of these uses including a description of when a special permit is or is not required If you wish to apply for a permit, mark the yellow page and return it to the City. We will send you the appropriate application form by return mail. A postage-paid envelope is enclosed for your use in returning the above forms to the City. If you have any questions about this, please call Alan Olson or Jeanne Mabusth at 473-7357. On behalf of the City Council and Planning Commission, I want to take this opportunity to thank each and everyone of you whose interest and participation this past year has helped so much in the completion of this planning process. I have certainly enjoyed meeting all of you and learning so much about your island. I hope this last step can be kept as· simple as possible so that your property rights can be correctly recorded for your future benefit. Sincerely, .ff.f.(f:!-- City Planner Enclosures CD CITYofORO 0 Post Office Box 66 ° Crystal Bay, Minnesota 55323 • Municipttl Offices On the North Shore of Lake Minnetonka 473-7357 ORDINANCE NO. 246 RS SEASONAL RECREATIONAL ZONING OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1983 This notice is provided to the owner/taxpayer of record according to Ordinance #246, Section 34.336. The following Record Lot classification will be considered accurate and final unless you have some reason to dispute the facts used to make the classification. Record Lot identification forms the basis for the granting of automatic lot area variances that ''Grandfather" existing properties of less than 5 acres in area. RECORD LOT means all the contiguous or abutting land owned in common by the same person or persons as of November 9, 1981, (the effective date of the island moratorium) or at any time such common-ownership may occur thereafter, including one or more separately platted lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on the islands, also included within the definition of a "Record Lot" is commonly-owned land that is contiguous except for being separated only by platted unopened public 'right-of-way.: Record Lot #25 George V. Hanson 240 Chester St St Paul, MN 55107 APPROXIMATE SIZE l • ~CRES & CLASSIFICATION: (size is. exclusive of any wetlands) OVER 10 ACRES, (may be SUBDIVIDABLE) --OVER 5 ACRES, but LESS THAN 10 ACRES --(conforming but not SUBOIVIDABLE) _x_sUBSTANDARD/BUILDABLE (less than 5 acres; a new seasonal cabin may be built, or an existing seasonal cabin may be improved, added-onto or replaced, subject to setbacks, permits, etc., but without requiring further City Council review) UNBUILDABLE (means a vacant lot of less than -.-1/2 acre; may be used for recreational purposes without a cabin, but requires a Council approved variance to be built on) This RECORD LOT consists of as follows: 23-117~23 32 0003 23-117-23 32 0035 23-117 23 32 0040 EXISTING USE CLASSIFICATION 3 tax parcel(s)' RECREATIONAL USE ONLY (without a cabin) X:sEASONAL CABIN, used 180 days or less/year (if your cabin is used more than 180 days/ year, please complete the YELLOW application) Seasonal Cabin plus a PRIVATE GUEST CABIN Other CONDITIONAL USE .PLEASE VERIFY THE ACCURACY . OF THE ABOVE INFORMATION. If there~ is an error or a change·~ please mark the correction and return this page to the City in the enclosed postage- paid envelope. We want this permanent record to be correct. IF YOU WISH TO CHALLENGE THE RECORD LOT DETERMINATION AND/OR THE CLASSIFICATION OF YOUR PROPERTY, you must file a formal written appeal before July 1, 1983, or the record lot will remain classified as above. Sign below and return along with a separate letter stating the problem and facts supporting any change. Additional information may be requested to verify any challenge such as surveys, utility bills, copies of recorded deeds, etc. Owner/Taxpayer Date Phone MINNETONKA BEACH \) 1 XKA I HUNTINGTON POINT DEERING ISLAND INSERT MA!IPIYl\.TA 6 OFFICIAL RECORD LOT MAP ORDINANCE NO. 246 -DECEMBER 30, 1982 RS SEASONAL RECREATIONAL ZONING DISTRICT NOT TO SCALE ;:--··T [{;/r~~~~-> " 1~✓1 ; ·, . , ·,· '"° " I //~.,, ' ...:." , -' I ~:p;; . l~i3fo rst:Arin i;-_.r,'')?' (:,;,,.-,J-:'-...~,·:rY" .· .• ": · ;?' ·· --l'l"'.•fdi,~,..-_.. ./ • /J:~t.c:'tt;:.\,~.t: . l lfenne.pin PaJtk Re~e1tve V.i.6.tJu.ct V1t. A1tthwr. Au.en W.UdU6e Re6uge . ~ .. -,,!,i•' .,._. .. ,... 7 ffi '·-:;;;-.jP?[/\.__ --· ~, ~: ~~-~~-4,,;-.-,·~ ..... ~,.,;L ,Pv.'.· '. \~,,:;r1t )iJ1, .. ·•'" ~JI<'.\ _· -·.,. _:_;__."',. -:.,. ;~-.. ., r ,_,.:-t~' .~-•#;;JI I CRO\.':s POlNT I II .... , , , . ., •,, . S.ta.te 06 tt.i1111. 6.ig J.1,(ar:.: Vetc:i.o,6 C,:mp 1111 ,,, ",,,, I , " , . POINT CllAR.'11:-;C t NORTH City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _______ _ APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO 25 PURSUANT TO ORDINANCE NO. 246, MUNICIPAL ZONING CODE SECTION 10.31 BE IT RESOLVED by the City Council of Orono, Hennepin County, Minnesota: FINDINGS 1. ' That .,._,-----,,,----=--~--,---=--=--=--___,.--,,-----,-is ( are ) the owner ( s ) /tax- payer ( s) of record of the following described property located within the RS Seasonal Recreational Zoning District of the City: For legal description, see Exhibit A. 2. That in adoption of Ordinance No. 246, the City Council reviewed ownership, development and use patterns on the islands and has deter~ mined 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. 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 sha 11 not prec 1 ude future sale or transfer of the complete "RECORD LOT" as a single unit. 2. 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 com- pliance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _______ _ PAGE 2; RECORD LOT NO._,;;;2~5'--_: RESOLUTION NO. ___ _ 3. 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. 4. 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 the 19 ATTEST: Dorothy M. Hallin, City Clerk (1) Property Owner(s) STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) Mary c. Butler, Mayor ( 2 ) day of ____ , On this and for day of ____ , 198_, before me, a Notary Public within said County, personally appeared known to -----------------------------,----.---,,-----,--me to be the person(s) described in and who executed the foregoing instru- ment, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77. State Deed Tax Due Hereon: This instrument was drafted City of Orono P.O. Box 66 Crystal Bay, MN 55323 473-7357 Exempt by: EXHIBIT A Lot F, Morse Island Park; that part of Lot 7 Morse Island Park lying south of the north 30 feet thereof; and that part of Lot 3 Morse Island Park Second Addition and of Lot G, Morse Island Park lying northeasterly of the north- easterly line of the southwesterly 50 feet of Lot 3 and same extended to Lake Minnetonka; all in Hennepin County, Minnesota 0 CITY of ORONO Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka PLEASE COMPLETE AND RETURN THIS FORM TO THE CI'J;Y OF ORONO in th~ attached postage-paid envelope. Doing this will r~sult in combining your separate tax parcels into one parcel for assessing purposes consistent with the current RS zoning. TO: Vernon T. Hoppe Finance Division Director 603 Administration Tower Government Center Minneapolis, Mn. 55487 DEAR SIR: ,19 --,--------,,------(please date) I HEREBY MAKE A REQUEST FOR A COMBINED ASSESSMENT ON THE FOLLOWING DESCRIBED LAND (all of w~ich combined are identifed as Orono Record Lot No. 25 ): 23-117-23 32 00-03 23-117-23 32 0035 23-117-23 32 0040' CITY NO. 38 FOR 19 TAX YEAR Signature of Fee Owner Signature of Taxpayer (if different) Taxpayer's Mailing Address (OFFICE USE ONLY) COMBINED CURRENt VALUES HOR AGR EXMP. LAND BUILDING MACHINE TOTAL FULL TOTAL N. H. AND TRUE ASSESSED BUILDING & ZONING -473-7357 • ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473-7359 A ~<:r.<:<:TNr. CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota 5532:J•Municipal Offices On the North Shore of Lake Minnetonka ORDINANCE NO. 246 RS. SEASONAL RECREATIONAL ZONING GENERAL INFORMATION ABOUT CONDITIONAL USE PERMITS FEBRUARY 15, 1983 0 Ordinance No. 246 provides that certain uses of land in the RS District are allowed only by Conditional Use Permit issued by the City Council. This is because these uses are more intensive than a seasonal cabin and need special considerations due to their island location. If your property has been actively used for one or both of the following purposes, you are entitled to apply for a conditional use permit (and variance if necessary) to continue that use: ---SECTION 34.363(a): TO AUTHORIZE PRINCIPAL DWELLING USE: meaning any home or cabin that is used or occupied for 181 days or more in any one year; or any dwelling regardless of the duration of use if you wish to claim a Minnesota "principal residence" homestead tax credit. If the property is not homestead, and if your total annual usage is less than 180 days (6 months), then your use is allowed by the ordinance and you do not have to apply for this special permit. Note that even if you use the property a few days every month, it is the total number of days that count, not how these days might be spread throughout the year. ---SECTION 34.363(b): TO AUTHORIZE A PRIVATE GUEST CABIN in addition to and on the same Record Lot as a principal dwelling or a seasonal cabin. A permit may also be issued for more than one private guest cabin on the same lot. Private guest cabins may be used solely by the occupants of the principal or seasonal dwelling, including their domestic employees, caretakers or non-paying guests. Private guest cabins shall not be rented or leased for compensation of any kind. If you have only one guest cabin 600 sq. ft. or smaller, constructed without indoor plumbing, toilets or kitchen facilities and used only for occasional additional sleeping space, then this use is allowed by .ordinance and you do not have to apply for this special permit. A separate application form is required for each of these uses. Detailed information is necessary to prepare an accurate permit, to speed-up the review, and to determine whether or not a variance is needed. IF YOU WISH TO APPLY FOR A CONDITIONAL USE PERMIT, check one or both of the above uses and return this sheet to the City in the enclosed postage-paid envelope. You will be sent the application form by return mail. Your application will be processed with NO FEE REQUIRED if all necessary information is submitted to the City Zoning Office BEFORE JULY 1, 1983. Applications received after that date will loose any "grandfather" rights and will be subject to all fees and other requirements of regular conditional use applications. BUILDING & ZONING -473-7357 ASSESSING • ADMINISTRATION & FINANCE -473-7358 (continued on back) 0 PUBLIC WORKS -473-7359 In review of each application, the City Council will compare your property and use to current building and zoning code requirements. The Council may establish reasonable standards and timetables for you to make any practical changes or improvements which might be necessary to comply with current codes. Where full compliance with new requirements is impractical or would cause you undue hardship, the Council may grant a variance to allow continued non-conforming use. However, a variance will not be granted if.it would cause or allow to continue any health or safety problem. Issuance of a permit will be done by a formal "resolution" which will require your signature before final approval by the City Council. This resolution will then be recorded in the chain of title of your property as required by State Law. If you have any questions, please call City Planner Alan Olson or Zoning Administrator Jeanne Mabusth at 473-7357. , \ CITY OF ORONO ORDINANCE NO. 246 SUMMARY PUBLICATION On December 30, 1982 _, the Orono City Council by a vote of 4 ayes and O nays adopted revised zoning regulations for properties located on the three Lake Minnetonka Islands within Orono. The City Council has determined that publication of the title of the ordinance and the following summary of the ordinance will clearly inform the public of the intent and effect of the ordinance, and is deemed to fulfill all legal requirements for ordinance publication. A printed copy of the complete text of the ordinance is on file at the office of the Orono City Clerk, 1335 South Brown Road, and is available for inspection by any person during normal office hours. ORDINANCE NO. 1-i§_ AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY CHANGING THE ZONING DISTRICT DESIGNATION AND PERFORMANCE STANDARDS APPLIED TO BIG ISLAND, MAHPIYATA ISLAND AND DEERING ISLAND. SECTION 1: This section of the ordinance amends the existing Zoning Gode of the City by deleting the LR-lA-1 One Family Lakeshore Residential Subdistrict and by replacing it with the new Rs·seasonal Recreational Zoning District. SECTION 2: This section of the ordinance establishes the performance standards and regulations that govern all land use and development in the RS Seasonal Recreational District: 34.361. The purpose of RS District is to implement the special comprehensive planning policies developed for Big Island, Mahpiyata Island and Deering Island. Provision of normal municipal services to the islands is difficult, costly or impossible. Therefore special regulations are necessary to insure public health and safety. These include limitations on land use types and densities, and special performance standards for fire protection, security, sanitation, and on-site sewer and water systems. 34.362. Permitted land use types in the RS District are: a) single family dwellings used seasonally for not more Page 2 than 180 days in any one year; b) single family recreational use of land without a dwelling; and c) publicly-owned and operated day-use parks, nature areas or wildlife preserves. 34.363. Land use types allowed in the RS District by Conditional Use Permit are: a) single family dwellings used for more than 180 days a year; b) private quest cabins in addition to the main dwelling on any lot; c) day-use recreation areas owned by private clubs, groups or assiciations; d) overnight camps; e) planned residential development subdivisions limited to 20 acres or more in size; and f) keeping of domestic farm-type animals. All Conditional Uses are subject to City Council review and approval based upon specified performance standards. 34.364. This section lists accessory uses allowed on land occupied by any permitted or conditional use. 34.365. This section regulates the private use of public· lands including platted rights of way requiring a license for any person to grade, fill or excavate such land; or to erect a dock or any other physical improvement on such land. Licenses are not required for adjacent property owners to control weeds or brush, sod, seed, mow or otherwise maintain such land in a neat and presentable manner. 34.366. This section establishes a minimum dry-buildable lot area of five acres for any new land divisions on the islands, It further defines and identifies each existing record lot on the islands and lists each record lot as: a) subdividable: b) buildable in confor- mance with this ordinance; c) substandard in lot area but buildable without need for further City Council review; or d) vacant property that is unbuildable as it stands because of extremely small size. All properties currently containing a cabin are listed as buildable. Additional provisions regulate future subdivision of these record· lots, . and require formal combination of separate tax parcels prior to issuance of any bu~lding permit, variance or conditional use permit. 34.367. This section continues the existing minimum lot width requirement of 200 feet. 34.368, This section orovides for minimum setbacks from lakeshore, wetlands, property lines and between buildings. 34.369. This section continues the existing maximum hardcover regulations within 1000 feet of the shoreline, 34.370. This section continues the existing maximum building height regulations. 34.371. This section provides for minimum building construction standards including foundations, minimum floor area requirements, minimum roof requirements, minimum plumbing requirements, special security requirements and special fire protection requirements. All dwellings are required to have an approved smoke detection device installed within 2 years, All dwellings used for more than 180 days per year are re~uired to have some form of manual or automatic fire extinguishin~ equipment available within 5 years. Page 3 All non-residential buildings which have an occupant load of SO persons or more are required to have an approved automatic fire sprinkler system, or equivalent, installed within S years. At least one fire extinguisher is required in every habitable building including all dwellings. 34.372. This section establishes special requirements to insure adequate on-site sewage treatment on the islands based upon the level of actual use. Dry pit-type but not vault-type outhouses and innovative alternative waste treatment devises are allowed under certain circumstances. Standard septic-tank and drain- field systems are required for most properties. 34.373. This section requires property owners to remove all rubbish, junk and debris from their property, requires that all garbage be packed-off the islands for mainland disposal, and prohibits the burying or burning of any garbage, refuse, rubbish or debris. 34.374. This section continues the existing prohibitions against open burning without a permit, except for camp fires or cooking fires. 34.375. This section continues the existing prohibitions against cutting of 6" or larger trees within 75 feet of the shoreline. 34.376. This section provides for a period of 7 years within which time all non-conforming land uses must be made fully con- forming to the use and performance standard requirements of this ordinance, unless within 6 months of ordinance adoption the landowner applys for a variance to allow the use to continue and to establish a timetable for compliance with on-site sewage treatment, security, fire protection and other performance standards. Failure to apply for the variance will be prima facie evidence that the use did not lawfully exist as of November 9, 1981. C 34.377. This section states that regulations applying to non- conforming uses are not intended to apply to substandard lots of record based on lot size alone. 34.378. allowing existing required This section provides special exceptions and standards the continued use, maintenance and enlargement of buildings even if they should not meet all of the setback dimensions. 34.379. This section reserves to the City the right to make future amendments to the ordinance, including the right to modify or limit any new development potential which may have been granted by this ordinance. SECTION 3: This section of the ordinance amends the Official Zoning Map of the City by changing all lands on Big Island, Mahpiyata Island and Deering Island from the LR-lA-1 Zoning District to the RS Zonin8 District, and includes the legal descriptions of such land. SECTION 4: This section of the ordinance repeals Ordinance No. 238 and Ordinance. 241, the development moratorium placed on the islands on November 9, 1981. SECTION 5: This section of the ordinance adopts the ordinance, makes the ordinance effective on the date of adoption, and provides for the publication of this summary of the ordinance. /s/ William B. VanNest, Mayor Attest: Alberta M. Strom, City Clerk Post Office Box 66 ° Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka ORDINANCE NO. 246 APPLICATION FOR CONDITIONAL USE PERMIT (& VARIANCE) SECTION 34.363(a): TO AUTHORIZE PRINCIPAL DWELLING USE: meaning any home or cabin that is used or occupied for 181 days ·or more in any one year; or any dwelling regardless of the duration of use if you wish to claim a Minnesota "principal residence" homestead tax credit. If the property is not homestead, and if your total annual usage is less than 180 days (6 months), then your use is allowed by the ordinance and you do not have to apply for this special permit. Note that even if you use the property a few days every month, it is the total number of days that count, not how these days might be spread throughout the year. PLEASE NOTE. The following information is requested to prepare the permit accur- ately and to speed up the review as much as possible. Please attach other infor- mation or explanations which might be helpful, especially a site plan or lot survey and a sketch of your septic system. You might also be asked to supply other information during the course of the review. A-t,t4L sb /?BL. Application Date ______ (before -sn l y, 1, 19 83 Y, Record Lot No. _______ _ Fee Owner(s) Name Telephone Numbers ------------------- Mailing Mainland ·------------------~---------------- Address Island -----------'---------------------------- Applicant's Name (if different) and Telephone --------------------- Mail Address ------------------------------------- Brief statement as to why this permit should be approved: ------------- 1. Ownership is by: Fee (Deed) :Contract for Deed : Other ---------------- 2. Date Property was Purchased: Is deed/contract recorded? Yes ----- 3. Approx. Property Size: ft. wide X ft. deep; or acres. ------------- 4. Is this your only residence? of your other residence(s)? yes no. If not, what is the address --~ --- 5. Have you filed for a "Homestead" property tax credit on this property If yes, what is the first year you so filed? QUESTIONS CONTINUE ON 7 ~-l-Z~~~--2----- Yes BUILDING & ZONING -473-7357 ASSESSING • ADMINISTRATION & FINANCE -473-7358 0 PUBLIC WORKS -473-7359 No No ORDINANCE NO. 246 RECORD LOT NO. APPLICATION FOR PRINCIPAL DWELLING CONDITIONAL USE PERMIT PAGE -2-------- 6. Have you filed for a "Homestead" credit on any other Minnesota property? Yes No If so where? ------------------------------------- 7. How many persons reside here as their principal residence (on the average)? ---- 8. How many days per year is the property occupied? (a) ___ Continuously all year; or (b) Part of each year from about _____ to ____ totalling _____ days; or (c) Off and on throughout the year, totalling days (give example of dates used last year): -------------------------------- 9. What buildings are on the property besides the dwelling? -------------- 10. Dwelling was built when (approx. year)? ____ was added onto in what year (s)? and was last remodeled in what year? ---------------------.,_ __ 11. Approx. dwelling size (floor area) is: ___ ft. X ___ ft.; or ____ sg. ft.; it has how many bedrooms? _____ and can sleep up to persons. 12. Dwelling construction is frame (wood) or what other material? (a) A permanent foundation is required. What exists now? basement ----crawl space _____ : open floor with piers _____ ; other ___________ _ (b) What is type and amount of insulation in: walls: -=---------------ceiling/roof! --------------- (c) A permanent heating system is required. What exists now? hot air furnance ____ space heater(s) ____ wood stove(s) _______ _ other -------'-------------------------------- (d) Fire retardent roofing will be required for new work. What exist now? asphalt shingles ____ : untreated wood ____ : treated wood ____ _ other ---------------------------------- 13. Plumbing and Septic systems will be required by or before Jan. 1, 1983. What exists now? (a) No. of toilets ---bathroom sinks ---tub or shower ---------kitchen sink other ---------------------------- (b) No. of septic tank (s) and size in gallons and ---------------- (c) Amount of drainfield: No. of lines ___ ; length'------------- total Sq. footage ------------- ( d) Location of Septic tanks/drainfield on lot (direction from house): (e) Date of septic system installation/last repair ---------------and name of contractor --------------------------- 14. What type of domestic water supply is available? (a) lake pump ___ gpm __ _ (b) well: depth ____ ft.; casing diam. ____ inches: flow rate gpm: pump type: elec. ; gasoline _____ other : ______________ _ year drilled by (contractor's name) PLEASE CONTINUE ON PAGE 3 ORDINANCE NO. 246 RECORD LOT NO. ------APPLICATION FOR PRINCIPAL DWELLING CONDITIONAL USE PERMIT PAGE -3- 15. Basic fire/life p r otection will be required by now and how many? Smoke detector(s) ____ & an. 1, 1985. at e x ists ortable f'Ldxtinguisher(~) size lAlOBC or larger ____ : other ___________________ _ 16. What additional fire e x tinguishing equipment is available now (some type is required by Jan. 1 , 1988)? 17. 18. 19. (a) Automatic sprinkler system ----- (b) Roseline connected to well or to lake pump : ------------- (c) Alarm system --------------- ( d) Other ______________ _ Is your house visible from the lake? Yes ____ No ___ : Could a 4 -wheel drive emergency vehicle re a ch y our house from the lake? Yes __ No __ one, and Also · Do you have an intrusion alarm system?. DO NOT ANSWER HERE. If you have please notify Orono Police (473-7710) of the particulars, including type key holder names. Any audible alarm must be of the self-resetting type . consider Operation ID marking of valuables, security locking, lighting and other such measures . How do you dispose of garbage and other wastes (burying or burning is prohibited) : ------------------------------ I hereby apply for this Conditional Use Permit under the terms and conditions of Ordinance No. 246. I understand that in granting the permit the City Council may establish reasonable conditions or timetables for making improvements related to health and safety matters; that the final permit if granted will be in resolution form, will require my signature, and will be recorded in the chain of title of my property; and that there will be no fee charged for this application if made before Jui:yi.77---9-8-37' W?t L 3 o / / 9 B C- Owner's Signature Date ------------------------------- Applicant's Signature Date ----------------------------- City of ORONO RESOl,.UTION OF THE CITY COUNCIL NO. _______ _ APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO 2 5 PURSUANT TO ORDINANCE NO. 246, MUNICIPAL ZONING CODE SECTION 10.31 0 BE IT RESOLVED by the City Council of Orono, Hennepin County, Minnesota: FINDINGS l. • That George V. Hanson is ~~) the owner(s )/tax- 2. 3. payer(s) of record of the following described property located within the RS Seasonal Recreational Zoning District of the City: For the Legal Description, see Exhibit A. That in adoption of Ordinance No. 246, the City Council reviewed ownership, development and use patterns on the islands and has deter~ mined 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 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 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 com- pliance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. I, I: ;: City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _______ _ PAGE 2; RECORD LOT NO. 25 RESOLUTION NO. ---- 3. 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. 4. 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 the 19 ATTEST: Dorothy M. Hallin, City Clerk COUNTY OF Mary C. Butler, Mayor ( 2 ) day of ____ , On this and for 24 day of April , 19 86 , before me, a Notary Pub 1 i c s a i d County , per s o na 1 1 y appeared _________ _ within George V. Hanson known to me to be the person(s) ment, ·and acknowledged act and deed. described in and who executed the foregoing instru- that he (they) ec ted the same as his (their) free --..,,.·~-o-.,,;.;;..;v,;;.~-'#HH"- '•,:,;~,;.,,~.... ROBERT P. SCHWINN ,.ll • NOTAR Y PUBLIC -MINNESOT HENNEPIN COUNTY My CommlAion Expires Dec a. ,., MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77. State Deed Tax Due Hereon: This instrument was drafted City of Orono P.O. Box 66 Crystal Bay, MN 55323 473-7357 Exempt by: I• EXHIBIT A Lot F, Morse Island Park; that part of Lot 7 Morse Island Park lying south of the north 30 feet thereof; and that part of Lot 3 Morse Island Park Second Addition and of Lot G, Morse Island Park lying northeasterly of the north- easterly line of the southwesterly 50 feet of Lot 3 and same extended to Lake Minnetonka: all in Hennepin County, Minnesota Minnesota: City of ORONO RESOLUTION OF THE CITY COUNCIL NO. APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO 2 5 ----PURSUANT TO ORDINANCE NO. 246, MUNICIPAL ZONING CODE SECTION 10.31 BE IT RESOLVED by the City Council of Orono, Hennepin County, FINDINGS 1.' That George v. Hanson is (~R~) the owner(s)/tax- payer(s) of record of the following described property located within the RS Seasonal Recreational Zoning District of the City: For the legal description, see Exhibit A. 2. That in adoption of Ordinance No. 246, the City Council reviewed ownership, development and use patterns on the islands and has deter~ mined 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. 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 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 com- pliance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. I , City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _______ _ PAGE 2; RECORD LOT NO. 25 RESOLUTION NO. --------- 3. 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 . 4. 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 the 19 ATTEST: M. Hallin, City Clerk COUNTY OF Mary C. Butler, Mayor ( 2 ) day of ____ , On this 24 day of April , 198_J,, before me, a Notary Public within and for said County, person a 1 1 y appeared _________ _ George. V. Hanson known to me to be the person(s) described irt and who executed the foregoing instru- ment, and acknowledged that he (they ecuted the same as his (their) f r ee act and deed . .. ·;,:;;;;,~. ROBERT P. SCHWINN ;;~• ,,;;;-\ NOTARY PUBLIC -MINNESOTA ~(~'l H ENl\!EP IN COUNTY . \,~~~_)' M y Cr mrn ,:;s ,on Expires Dec 8. 1987 ... ,, ..... '.'\') NOTARY PUBLIC MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77. State Deed Tax Due Hereon: This instrument was drafted City o f Orono P.O. Box 66 Crystal Bay, MN 55323 473 -7357 Exempt by: EXHIBIT A Lot F, Morse Island Park; that part of Lot 7 Morse Island Park lying south of the north 30 feet thereof; and that part of Lot 3 Morse Island Park Second Addition and of Lot G, Morse Island Park lying northeasterly of the north- easterly line of the southwesterly 50 feet of Lot 3 and same extended to Lake Minnetonka: all in Hennepin County, Minnesota I 5 L.//AIO OIZOo -:e Z4b Nd7~ 5 Tt::l . FIL c AP <Jl.>CN f -l >°..-$3 "Re:.coflD LOT .;t THIS LOT tvEEDS ArJ Arl£A VAIZ.IANC~ PE.~ 34.1,, (tt)3 8, 34, 1,, (.f) SEFo~E ANY PERMITS TH \S LO"TS NE.EvS '9,CT'-4 A(l.'c,A. VA12 /ANCE AS ABOv'£ A.ND · TAX PAJ2.CE-L. CoM8IAIAT1CMJ PEI< '3'1.¼' (b) 'B(Foll..E. At-JV PE.rZM ITS TH l '> LCJ'T N E.£t:> 5 i February 15, 1983 <;B ecord Lot /125 6eo~ge V. Hanson 240 Chester Street St. Paul, MN 55107 Dear Island Landowner: CITY of .ORONO Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Office$ On the North Shore of Lake Minnetonka The purpose of this letter is to provide you with information regardirig -the recent zoning changes on Big Island, and how these changes may affect your property. The new RS Seasonal Recreational zoning regulations were established by City Council adoption of Ordinance P246 on December 30, 1982. This action also ended the development moratorium that had been in effect since November 9, 1981. A summary of the ordinance is attached. If you are interested, a complete text of the ordinance is also available for a nominal charge of $3.00 to defer printing and mailing costs. Your property is identified in the ordinance by the Record Lot Number shown above and on the attached blue page. This identification is part of a special section that inventories lot by lot the ownership patterns and existing uses of island propert_y. Based on this record, the ordinance then "grandfathers" building rights for these Record Lots by makin g them eligible for lot area variances. This means that for the first time even if your lot is less than five acres (or two acres under the previous ordinance) that you may now build a new seasonal cabin, or if you already have a cabin, that it may continue to be used, improved, added-onto or replaced with a new cabin, subject to building permits and setback regulatio~s, etc,, but without questioning its use for building purposes, and without requiring any special City Council review. In order for you to automatically receive the benefits of the lot area variance, you should review and complete the following before July 1, 1983: 1. Please verify the Record Lot information on the attached blue page and notify the City if there is a problem or a change. BUILDING & ZONING -473-7357 ASSESSING ADMINISTRATION & FINANCE -473-7358 • (over) PUBLIC WORKS -473-7359 Island Landowners February 15, 1983 Page 2 2. If the Record Lot information is complete, please sign, have notarized and return the white Variance Resolution. State law requires that all zoning variances be recorded with the County Recorder in resolution form. Returning this resolution is optional, but if you choose not to do so, you may be required to pay a fee and file a formal variance application in the future if you ever plan to do any building on the property. There is no fee for having this automatic variance recorded at this time. 3. If your Record Lot consists of two or more separate tax parcels, a green form for requesting a combined assessment is enclosed. Please sign and return this to the City to allow your tax records to be changed into one parcel consistent with the zoning and to assure the most favorable tax rate possible. 4. A conditional use permit issued by the City Council is required for certain land uses in the RS District, including the following residential uses: a) If you use or have used your cabin FOR MORE THAN 180 DAYS/YEAR. b) If you have MORE THAN ONE CABIN on your property. Refer to the enclosed yellow sheet for a definition of these uses including a description of when a special permit is or is not required. If you wish to apply for a permit, mark the yellow page and return it to the City. We will send you the appropriate application form by return mail. A postage-paid envelope is enclosed for your use in returning the above forms to the City. If you have any questions about this, please call Alan Olson or Jeanne Mabusth at 473-7357. On behalf of the City Council and Planning Commission, I want to take this opportunity to thank each and everyone of you whose interest and participation this past year has helped so much in the completion of this planning process. I have certainly enjoyed meeting all of you and learning so much about your island. I hope this last step can be kept as· simple as possible so that your property rights can be correctly recorded for your future benefit. Sincerely, _ff(,(/:!~- City Planner Enclosures © CITY of ORON&t,~·· Post Office Box 66•Crystal Bay, Minnesota 55323•Municipul Offices On the North Shore of Lake Minnetonka PLEASE COMPLETE AND RETURN THIS FORM TO THE CITY OF ORONO in the attached postage-paid envelope. Doing this will result in combining your separate tax parcels into one parcel for assessing purposes consistent with the current RS zoning, TO: Vernon T. Hoppe Finance Division Director 603 Administration Tower Government Center Minneapolis, Mn. 55487 DEAR SIR: ,1983 ----------(please date) I HEREBY MAKE A REQUEST FOR A COMBINED ASSESSMENT ON THE FOLLOWING DESCRIBED LAND (all of which combined are identif ed as Orono Re~ord Lot No, ;ls: ) : :23-117-23 '3:l. l!f'()()J .21-117 -:J'3 3;2 ~> 21-I 17 -Ji'3 32 tJ040 CITY NO. 38 FOR 1983 TAX YEAR Signature of Fee Owner Signature of Taxpayer (if different) Taxpayer's Mailing Address (OFFICE USE ONLY) COMJUNED CURRENT VALUES HOR AGR EXMP, LAND BUILDING MACHINE TOTAL FULL TOTAL N, H. AND TRUE ASSESSED BUILDING A ZONING-473.7357 • ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473.7359 ~3-//7-;;z.3 o1-cJ-cJCJO:)_ 2t::Lru?-~&kt_ ~r7C::. c< 3-//7--23 -2~ C)OOC/ ,~&:fr;~~ - [ l J § 10. 30 12. Any other information which is necessary to fully represent the intentions of the Preliminary Plan. D. The Planning Commission shall review the Final Plan at its first regularly scheduled meeting which occurs at least fourteen days after filing of the application for Final Plan approval. · E. The Final Plan shall be in compliance with the approved Preliminary Plan. compliance shall mean: substantial Substantial 1. The number and location of the dwelling units has not been changed. 2. Open space has not been decreased or altered to change its original intended design or use. 3. All streets, utilities and other special conditions prescribed on the Preliminary Plan by the applicant or any of the reviewing bodies have been incorporated into the Final Plan. Subd. 20. Zoning Change. If the Final Plan includes a zoning change, the Final Plan is attached to and is therefore a part of the ordinance establishing the zoning change. The Zoning Administrator shall then change the zoning classification on the Official Zoning Map if a zoning change was made and issue a building permit in conformance with the Final Plan as approved. Source: Ordinance No. 185 Effective Date: 6-14-76 SEC. 10.31. RS SEASONAL RECREATIONAL DISTRICT. Subd. 1. Purpose. The "RS" Seasonal Recreational District is intended to provide a district which will allow a low- density seasonal form of residential development or recreational activity on the three Lake Minnetonka islands within Orono. Big Island, Mahpiyata Island and Deering Island are totally surrounded by water. Special problems exist because of their isolated location and because there is no direct access by land or bridge. Transportation is difficult, dangerous, and slow especially in fall or spring when the ice is forming or melting. Engineering, financial, administrative and practical difficulties prevent servicing the islands with sewer or water utilities, garbage collection, or complete police, fire, medical emergency or other municipal services. The islands have historically been used for summer cabins, camping spots, temporary boat landings and a disabled veteran's summer camp. As long as this usage remains minimal, public health and safety is reasonably maintained. But development forecasts indicate increasing pressures for more intensive usage that could easily exceed the City's public service capabilities. For these reasons, Orono's comprehensive plans have ORONO CC 304 (4-1-84) ) J § 10. 31 long established policies encouraging eventual public ownership of the islands as recreational resources for general lake users. In ,add it ion, 1 i m i t e d pr iv ate season a 1 rec re at ion a 1 use w o u 1 d be allowed to continue indefinitely, subject to strict conformance with special health and safety standards. The ~RS" District is established to implement these special planning policies. Sub d. 2 • Per m i t t e d uses. W i th in any "RS " season a 1 Recreational District, no land .or structures shall be used except for any one of the following uses: A. Seasonal Dwellings. One family detached ~wellings used for seasonal recreational use not to exceed 180 days 1n any one year, and not to be the owner's "principal residence" for homestead tax credit purposes. B. One family, seasonal recreational use of land without structures, or with accessory structures only, such as tent camping or day-use only . Accessory structures permitted on land without a principal structure shall be limited to one or more of the following: 1. Docks conforming to City and LMCD Code requirements. 2. Not more than one storage building not to exceed 120 square feet in area. 3. Firerings or barbeque pits. 4. Open deck or screen house not to exceed 300 square feet in area. 5. Not more than one toilet building or outhouse which must conform in location and design to the requirements of Subdivision 12 of this Section. 6. Tents or similar temporary structures to be ,in place not to exceed 180 days in any one year. C. Publicly owned and operated parks, nature areas or wildlife preserves, for day use only, when operated by the City, the Hennepin Park Reserve District or by the Minnesota Department of Natural Resources. All dockage or structures built thereon shall remain subject to Council review and approval. Subd. 3. Conditional Uses. Within any "RS" Seasonal Recreational District, no land or structures shall be used for the following uses except by conditional use permit: A. Principal Dwellings . One family detached dwellings used or occupied for 181 days or more in any one year, or any dwelling regardless of the duration of use for which the owner wishes to claim a "principal residence" homestead tax credit. A conditional use permit may be issued for such non-seasonal dwelling ORONO CC 'I 305 ' (4-1-84) ·. ,~ § 10.31 use provided the applicant demonstrates and the Council finds that the property is large enough to be permanently self-supporting in terms of water supply and sewage treatment, and that extra private precautions are takeh for fire protection and security of persons and property, as follows: 1. The minimum dry buildable record lot area required for approval of a principal dwelling conditional use permit without a variance shall be 5.0 acres. Approval of a principal dwelling conditional use permit on an existing record lot of less than 5.0 acres shall be subject to strict showing of compliance with health and sanitation performance standards. 2. An on-site sewage treatment system shall be provided in conformance with the requirements of Subdivision 12 of this Section. 3. A domestic water well shall be provided which conforms to current Minnesota Health Department regulations for depth, for setback from lake, wetland and sewage treatment system components, and which is capable of supplying domestic fire protection. -4. The dwelling shall be built or rebuilt to conform to current State Building Code requirements including provision for a permanent foundation, a heating system and insulation conforming to energy code standards. 5. The dwelling shall be equipped with approved smoke detection devices, and with some form of manual or automatic fire extinguishing equipment. 6. The dwelling shall be provided with telephone service. 7. The lot or parcel shall be located directly on the shoreline or other access shall be available via a privately improved and maintained access to the shoreline. 8. All property in common ownership shall be combined into one tax parcel if contiguous; or if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. B. Private Guest Cabins. Accessory separate dwellings or sleeping quarters containing indoor toilet and/or kitchen facilities located on the same lot, parcel or property as a permitted seasonal dwelling or as a conditionally permitted principal dwelling. A conditional use permit may be issued for one or more private guest cabins provided the applicant demonstrates and the Council finds that the additional living or sleeping facilities will not contribute to overcrowding or overuse of a small property, will not adversely af feet neighboring properties, and that extra private precautions are taken for fire protection and security of persons and property, as follows: ORONO CC 306 (4-1-84) Cl TY OF OHOIJO l./\ND USJ-: l\l'PL-IC/\TION SIGNS -Pl.l\CEMEN'l' /\ND HE'l'UHN To the Applicant: A Land Use Application Sign with the zoning application number will be issued to each applicant for placement on the property. A deposit of $40 is required. The deposit will be refunded only upon return of the sign in good condition. The deposit money will not be refunded ~f the sign is lost, stolen or damaged. Deposit refunds will be mailed within 14 days of return of the sign. · l\ sign must be placed in a conspicuous location on the subject property at least one week prior to the Planning Commissj on meeting, clnc1 must be Jcft in place unU l the clay after fin,ll Council approval (check witl1 City staff regarding specific dates 473-7357). · CITY of ORONO Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka To all persons making land use applications with the City: 1. Visit the Zoning Department and discuss your proposal. be advised of specific code requirements and fee payments. 2. General Land Use Application Procedure You will a. Completed application form and payment of all required fees. b. Certified survey -(required for all applications unless City waives requirement finding the survey not relevant to the review). Legal description of property, dimensions of property, location of .existing and proposed structures on site, location of all proposed improvements including driveways, retaining walls, decks, sidewalks, etc. c. Grading and Drainage Plans -where any changes in grade or drainage are proposed as a result of the proposal, a grading and drainage plan must be submitted showing existing and proposed contours or grades. d. Site Evaluation -for projects which will require the installation of an on-site sewage treatment system, a site eva 1 uation report and system design must be subrni tted with the application. e. Hardcover Calculations -for all projects located in Lakeshore Residential Zoning Districts, hardcover limitations apply. Ha~dcover,by definition, is any structure, blacktop, or other material which interferes to any degree with the direct absorption of rainfall into the ground. Hardcover calculations must accompany each application involving additional proposed hardcover in the affected .zoning districts . See the attached "Hardcover Worksheet". f. Certified Property O~ners List -of property owners within 350 feet of the subject property (see applicati6n form for information on abtainirtg this 1 i st) and stamped, addr.es sed ( no return address) envelopes (#10) to each name on the list. g. Deadline For Filing All ·Applications -the City must be in receip~ nf the completed application 26 days before the meeting of the Planning Commissi.on at which a hearing is sch~duled for the public review of the proposal. The Planning Commission meets on the third Monday of each month. Please check with the City staff concerning filing d~adlines for v~cation and rezoning application_s. BUILDING & ZONIN G -473-7357 ASS ESSIN G • ADMINISTRATION & fl.NANC E -473 -7358 • PUBLIC WORKS -473 -735 9 3. When Improvements are Required: a) Completed engineering drawings for improvements (road, sewer, water, drainage, landscaping, etc.). b) Payment of engineering review fees. Land Use Applications Page 2 c) Completed development agreement. d) Posting of acceptable form of security with the City - performance bond or letter of credit. e) Warrantee bond (for public improvements). The Municipal Code of Orono provides that directly assignable consultant costs for review of applications must be paid by the applicant. The application fee paid to the City is payment for City Staff time and overhead costs only. The applicant will be billed by the City for the City Engineer's time and expenses incurred in the review of engineering data and for the City Attorney's time and expenses incurred in the review of legal questions and documents. Other unusual charges may be applied for outside consulting services of appraisers, other engineers, and unusual technical reports after notification to the applicant that such services are considered necessary for proper review of the application. In making_an application, the applicant shall agree to pay these costs as they occur. Applications are not considered complete until any charges are paid. Failure to complete payment may result in the withholding of permits or other authotizations. Jeanne A. Mabusth, Building & Zoning Administrator GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address CITY OF ORONO Property Identification Number (P.I.D.) PYease check one -Is the property (for Conditional Use Applicatipns only) abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT Name Mailing Address OWNER Name Mailing Address Date Property Acquired Phone Phone (month/year) I (do). (do nbt) also own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS Other IX.~ a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration (grading, filling) PRD/PID -see fee schedule Applications $250.00 Vacation $250.00 Rezoning /6 0,00 ~e-&-;-e-(j Appeals Other -see fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property DESCRIPTION OF REQUEST Describe request in detail: REQUIRED SUBMITTALS 1. Completed Application Form. Residential Other (specify) 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes ( #10) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature OWNERS SIGNATURE Date The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Subd. 3. Conditional Uses. Within any "RS" Seasonal Recreational District, no land or structures shall be used for the following uses except by conditional use permit: A. Principal Dwellings. One family detached dwellings used or occupied for 181 days or more in any one year, or any dwelling regardless of the duration of use for which the owner wishes to claim a "principal residence" homestead tax credit. A conditional use permit may be issued for such non-seasonal dwelling use provided the applicant demonstrates and the Council finds that the property is large enough to be permanently self-supporting in terms of water supply and sewage treatment, and that extra private precautions are taken for fire protection and security of persons and property, as follows: 1. The minimum dry buildable record lot area required for approval of a principal dwelling conditional use permit without a variance shall be 5.0 acres. Approval of a principal dwelling conditional use permit on an existing record lot of less than 5.0 acres shall be subject to strict showing of compliance with health and sanitation performance standards. 2. An on-site sewage treatment system shall be provided in conformance with the requirements of Subdivision 12 of this Section. 3. A domestic water well shall be pro'vided which conforms to current Minnesota Health Department regulations for depth, for setback from lake, wetland and sewage treatment system components, and which is capable of supplying domestic fire protection. 4. The dwelling shall be built or rebuilt to conform to current State Building Code requirements including provision for a permanent foundation, a heating system and insulation conforming to energy code standards. 5. The dwelling shall be equipped with approved smoke detection devices, and with some form of manual or automatic fire extinguishing equipment. ' 6. The dwelling shall be provided with telephone service. 7. The lot or parcel shall be located directly on the shoreline or other access shall be available via a privately improved and maintained access to the shoreline. 8. All property in common ownership shall be combined into one tax parcel if contiguousi or if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. Subd. 3. Conditional Uses. Within any "RS" Seasonal Recreational District, no land or structures shall be used for the following uses except by conditional use permit: A. Principal Dwellings. One family detached dwellings used or occupied for 181 days or more in any one year, or any dwelling regardless of the duration of use for which the owner wishes to claim a "principal residence" homestead tax credit. A conditional use permit may be issued for such non-seasonal dwelling use provided the applicant demonstrates and the Council finds that the property is large enough to be permanently self-supporting in terms of water supply and sewage treatment, and that extra private precautions are taken for fire protection and security of persons and property, as follows: 1. The minimum dry buildable record lot area required for approval of a principal dwelling conditional use permit without a variance shall be 5.0 acres. Approval of a principal dwelling conditional vJe permit on an existing record lot of less than 5.0 acres shall be subject to strict showing of compliance with health and sanitation performance standards. 2. An on-site sewage treatment system shall be provided in conformance with the requirements of Subdivision 12 of this Section. 3. A domestic water well shall be pro·vided which conforms to current Minnesota Health Department regulations for depth, for setback from lake, wetland and sewage treatment system components, and which is capable of supplying domestic fire protection. · 4. The dwelling shall be built or rebuilt to conform to current State Building Code requirements including provision for a permanent foundation, a heating system and insulation conforming to energy code standards. 5. The dwelling shall be equipped with approved smoke detection devices, and with some form of manual or automatic fire extinguishing equipment. ' 6. The dwelling shall be provided with telephone service. 7. The lot or parcel shall be located directly on the shoreline or other access shall be available via a privately improved and maintained access to the shoreline. 8. All property in common ownership shall be combined into one tax parcel if contiguous; or if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. ,, CITY of ORONO Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka ORDINANCE NO. 246 APPLICATION FOR CONDITIONAL USE PERMIT (& VARIANCE) SECTION 34.363(a): TO AUTHORIZE PRINCIPAL DWELLING USE: meaning any home or cabin that is used or occupied for 181 days ·or more in-any one year; or any dwelling regardless of the duration of use if you wish to claim a Minnesota "principal residence" homestead tax credit. If the property is not homestead, and if your total annual usage is less than 180 days (6 months), then your use is allowed by the ordinance and you do not have to apply for this special permit. Note that even if you use the property a few days every month, it is the total number of days that count, not how these days might be spread throughout the year. PLEASE NOTE. The following information is requested to prepare the permit accur- ately and to speed up the review as much as possible. Please attach other infor- mation or explanations which might be helpful, especially a site plan or lot survey and a sketch of your septic system. You might also be asked to supply other information during the course of the review. Aprf~ ~~, ,4f,i1L 3,0 1, //8,~ Application Date 8 (before ~). Record Lot No.~2.....,_5 ______ _ Fee Owner (s) Name George V. Hanson P.O. Box being applied for Mailing240 Chester. St. Paul. MN 55107 Address Point Comfort, Big Island Telephone Numbers Mainland 229-1111 Island 474-6569 ------------ Applicant's Name (if different) same and Telephone ----=----'----------------- Mail Address ------------------------------------- Brief statement as to why this permit should be approved: ------------- Principal residence of applicant in Minnesota 1. Ownership is by: Fee (Deed) X :Contract for Deed : Other ----------- No 2. Date Property was Purchased: J7tD Is deed/contract recorded? --1fi__Yes --- 3. Approx. Property Size: ft. wide X ft. deep; or acres. ------------- 4. Is this your only residence? of your other residence(s)? yes x no. If not, what is the address ---· 2855 LaFlores Riverside, CA 92503 5. Have you filed for a "Homestead" property tax credit on this property If yes, what is the first year you so filed? ----- QUESTIONS CONTINUE ON . BA e K .. f, ,z_ Yes x No BUILDING & ZONING -473-7357 ASSESSING • ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473-7359 ORDINANCE NO. 246 RECORD LOT NO. APPLICATION FOR PRINCIPAL DWELLING CONDITIONAL USE PERMIT PAGE -2-_____ __.......,_ __ 6. Have you filed for a "Homestead" credit on any other Minnesota property? __ Yes_KNo If so where? ------------------------------------ 7. How many persons reside here as their principal residence (on the average)? 1 -~-- 8. How many days per year is the property occupied? (a) ___ Continuously all year; or (b) Part of each year from about Apr 15 to Nov 15 totalling 7 mths days; or (c) Off and on throughout the year, totalling days (give example of dates ---used last year): ------------------------------- 9. What buildings are on the property besides the dwelling? boathouse ---'=-=-'-'-'~=--"=-==-------- 10. Dwelling was built when (approx. year)? ____ was added onto in what year (s)? rebuilt 1977-78 following fire and was last remodeled in what year...,_? __ _ · octagon bldg. 14 ft ea side 11. Approx. dwelling size (floor area) is:· ft. X ___ ft.; or ____ sg. ft.; ita h?~ ,how m.an.y bedropms? 1 and can sleep up to 2. persons. a ditiona~ In ~iving area as necessary 12. Dwelling construction is frame (wood) x or what other material? (a) (b) (c) A permanent foundation is required. What exists now? basemen t_....:1=-/<-=2-crawl space _____ : open floor with piers _____ ; other ___________ _ ore-fah in 1nsuiaEea sections What is type and amount of insulation in: walls: ~-------------ceiling/roof: 4 II ---'=------------- A permanent heating system is required. What exists now? hot air furnance ____ space heater(s) ____ wood stove(s) _______ _ other electric heat plus fireplace (d) Fire retardent roofing will be required for new work. What exist now? asphalt shingles ____ : untreated wood ____ : treated wood x other -~~-- 13. Plumbing and Septic systems will be required by or before Jan. 1, 1983. What exists now? (a) (b) (c) (d) (e) 14. No. of toilets 1 bathroom sinks 1 tub or shower both kitchen sink 1 other No. of septic tank (s) 1 and size in gallons and Amount of drainfield: No. of lines . length , total Sq. footage Location of Septic tanks/drainfield on lot (direction from house): away from lake -back of home Date of septic system installation/la.st repai~ 4-5 yrs and name of contractor Orono has s1.,...,.,11rrc...:e........,.1=,.,:K'-'-"i1HtF'---,-------- What type of domestic water supply is available? (a) lake pump x gpm jet (b) well: depth ____ ft.; ca.sing dia.m. ____ inches: flow rate ___ gpm: pump type: elec. gasoline _____ other: bring drinking water in year drilled by (contractor's name) from shore PLEASE CONTINUE ON PAGE 3 ORDINANCE NO. 246 RECORD LOT NO. 25 -------APPLICATION FOR PRINCIPAL DWELLING CONDITIONAL USE PERMIT PAGE -3- 15. Basic fire/life protection will be required now and how many? Smoke detector(s) 1 ----size lAlOBC or larger 2-3 : other --, Jan. 1, 1985. at e x ists P-e r table ··fi~x ting uisher (~) -------------------- 16. What additional fire extinguishing equipment is available now (some type is required by Jan. 1, 1988)? (a) Automatic sprinkler system l:r!#O (b) (c) (d) Hoseline connected to well ~" ~ Alarm system li5l 't.£._ =) Other NV or to lake pump __ x ___ : 17. Is your house visible from the lake? Yes x No ___ : Could a 4-wheel drive emergency vehicle reac h your house from the lake? Yes __ No x- only when ice is safe 18. Do you have an intrusion alarm system?. DO NOT ANSWER HERE. If you have one, please notify Orono Police (473-7710) of the particulars, including type and key holder names. Any audible alarm must be of the self-resetting type. Also · consider Operation ID marking of valuables, security locking, lighting and other such measures. 19. How do you dispose of garbage and other wastes (burying or burning is prohibited): Take to shore and place in haulaway container I hereby apply for this Conditional Use Permit under the terms and conditions of Ordinance No. 246. I understand that in granting the permit the City Council may establish reasonable conditions or timetables for making improvements related to health and safety matters; that the final permit if granted will be in resolution form , will require my signature, and will be recorded in the chain of title of my property; and that there will be no fee charged for this application if made before ...J.uly 1, 1983 , 4f>re.tL 30, /t:t8G, Owner's Signature /4~6 , Date Applicant's Signature Date --h'---------------------------