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Home My WebLink About#10-3450 Recorded Resolution 592111111111 111111111111 Doc No A9504114 Certified filed and/or recorded on 4/21/10 12 :00 PM Office of the County Recorder Hennepin County, Minnesota Michael H . Cu niff, County Recorder Jill L. Alverson, County Auditor and Treasurer Deputy 53 Pkg ID 619935 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 5 9 2 1 NO. A RESOLUTION APPROVING A LOT AREA VARIAN CE FOR RECORD LOT NO. 61 PURSUANT TO ORONO CODE SECTION 78-563 FILE NO. 10-3450 WHEREAS, the following property, also known as 350 Big Island, is situated on Big Island and is zoned RS Seasonal Recreational: The southwesterly 50 feet of Lot 3 Morse Island Park 2nd Addition, also that part of Lot G Morse Island Park and vacated Massasoit A venue lying easterly of the southwesterly line of said Lot 3 extended to Lake Minnetonka and westerly of the northeasterly line of the southwesterly 50 feet of said Lot 3 extended to Lake Minnetonka, all in Hennepin County, Minnesota; and WHEREAS, in adopting the RS Seasonal Recreation zoning district regulations the City Council reviewed ownership, development and use patterns on Big Island and determined that all the above described property combined is and shall hereinafter and henceforth be one "Record Lot" as defined by Orono Code Section 78-568; and WHEREAS, an application was filed for a lot area variance as outlined in Orono Code Section 78-563(a)(2); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on February 16, 2010, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #10-3450. 2. The Planning Commission reviewed this application on February 16, 2010, and on a vote of 5 -0 recommended approval of the variance. 3. 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 this Record Lot is being Page 1 of2 ,.. --' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 9 2 1 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 a variance to the above described Record Lot subject to the following conditions: 1. This Record Lot including all the above described property shall hencefo1ih be continued in common ownership by the same person or persons even if recorded as separate lots or tax parcels, and it shall not be subdivided, sold in parts, reduced in area or otherwise separated without approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete Record Lot as a single unit or the merging by tax pru:cel 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. 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 permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Adopted by the Orono City Council on this 8th day of March, 2010. Page 2 of2 . , . '· . . ~·-: .... STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on March 8, 2010, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the .City this 11 th day of March , 2010 . o I City Clerk 1 • • • ~-·.;,,-·?::~· . · ... :.