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HomeMy WebLinkAbout#09-3433 Recorded Resolution 58993WJ Ill II II I 1111111111 II Doc No A9504083 Certified filed and/or recorded on 4/21/10 12:00 PM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L. Alverson, County Auditor and Treasurer Deputy 53 Pkg ID 619910 Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 8 9 9 A RESOLUTION APPROVING A LOT AREA VARIAN CE FOR BIG ISLAND RECORD LOT NO. 25 PURSUANT TO ORONO CODE SECTION 78-563 FILE NO: 09-3433 \VHEREAS, the property described on the attached Exhibit A, also known as Record Lot No. 25 or 340 Big Island, is situated on Big Island and is zoned RS Seasonal Recreational; and \VHEREAS, in adopting the RS Seasonal Recreation zoning district regulations the City Council reviewed ownership, development and use patterns on Big Island and detennined that all the above described prope1iy combined is and shall hereinafter and hencefmih be one "Record Lot" as defined by Orono Code Section 78-568(1); and "'HEREAS, an application was filed for a lot area variance as outlined in Orono Code Section 78-563(a)(2). WHEREAS, after due published notice and mailed notice in accordance with Miimesota Statutes and the Orono, Mi1mesota, City Code, the Orono Planning Commission held a public hearing on November 16, 2009, at which times all persons desiring to be heard concerning this application were given the oppo1iunity to speak thereon. NO"', THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #09-3433. 2. The Planning Commission reviewed this application on November 16, 2009 and on a vote of 5 -0 recommended approval of the variance. 3. The above described prope1iy when combined as one Record Lot is still less than the minimum lot size required for new lots in the RS district, but this Record Lot is being Page 1 of 2 CITY of ORONO RESOLUT ION OF THE CITY COUNC I L NO . 5 8 9 9 used and 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 variances to the above described Record Lot subject to the following conditions: 1. This Record Lot including all the above described property shall henceforth be continued in common ownership by the same person or persons even if recorded as separate lots, and it shall not be subdivided, sold in paiis , reduced in area or othe1wise separated without 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 or the merging by tax parcel combination of this Record Lot with one or more other Record Lots as long as the merging results in a reduction in the number of Record Lots . The Record Lot shall be combined into one tax parcel. 2. Granting this variance means this Record Lot may be used for one-family seasonal recreational use without a structure or the existing dwelling may be used, improved, enlarged, or replaced without requiring further City Council review of lot size, but subject to compliance with all building pennit, setback, hardcover, on -site sewage treatment and other perfonnance standards for development in the RS District. 3. Violation of or non-compliance with any of the tenns 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 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, ce1iifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on January 11, 2010, with the original thereof on file in my office, and the same is a cmrect transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 13 th day of January , 2010 . . . . ·.:i,ii}}~~1l\b ; . .. , .. • ... •.·'(~eaf),t ·,·• • r; :. •' • City Clerk "·I, Exhibit A Resolution No. 5 8 9 9 Lot F, Morse Island Park, according to the recorded plat therof; That part of Lot 71, Morse Island park, according to the recorded plat therof, lying south of the nmih 30.00 feet thereof; That part of Lot 3, Morse Island Park 2nd Addition and Lot G, Morse Island Park, according to the recorded plats thereof, lying northeasterly of the northeasterly line of the southwesterly 50.00 feet of said Lot 3 and the same extended to Lake Minnetonka; That part of Massasoit A venue, as dedicated on the MORSE ISLAND PARK SECOND ADDITION, which lies between the southeasterly extension of the northeasterly line of the southwesterly 50.00 feet of Lot 3, said addition, and the southeasterly extension of the northeasterly line of said Lot 3; and That part of Meta-Comet A venue, as dedicated on MORSE ISLAND PARK, according to the recorded plat thereof, which lies southeasterly of the southwesterly extension of the south line of the Nmih 30.00 feet of Lot 71, MORSE ISLAND PARK, according to the recorded plat thereof, (Meta-Comet Avenue is to extend to the north line of Lot G, of said MOORSE ISLAND PARK), all in Hennepin County Minnesota.