HomeMy WebLinkAboutProject PacketTO: Mayor Peterson and City Council
Ron Moorse, City Administrator
FROM: Michael P. Gaffron, Asst. Planning & Zoning Adm.
DATE: February 5, 1992
SUBJECT: #1661, Samuel Mccloud/Big Island Properties/
Harold E. Farnes and Patty H. Farnes -Big Island Record
Lots 16 and 22 -Subdivision of Lot Line Rearrangement -
Final Approval
Zoning District: RS, Recreational Seasonal
Application -Request for City approval for subdivision to split off
lakeshore parcel for recombination with adjacent record lot.
List of Exhibits:
Exhibit A -Resolution
Exhibit B -Survey & Letter from McCloud's Attorney 1/28/92
Exhibit C -Notice of Planning Commission Action 7/15/91
Exhibit D -Memo and Selected Exhibits of 7/9/91
Discussion:
Please review the July 9th memo. Briefly, this
subdivision/combination request results in the attachment of adjacent
lakeshore parcels to the correct Big Island Record lots to conform
with a 1970 torrens action which had never been formally approved by
the City nor recognized by the Hennepin County Tax Office.
The subdivision merely splits a long narrow lakeshore strip into
two parcels, and requires combination of these lakeshore parcels with
the adjacent inland lots. Upon completion of the combinations, the
property owners will be granted the "Automatic Lot Area Variance" that
has been held in abeyance since the 1985 review of this request (at
that time, different property owners were involved, one of whom for
various reasons did not agree with the combination requirement). The
current property owners have all signed the survey, indicating they
all agree to the lot line rearrangement.
Planning Commission Recommendation:
At their July 15, 1991 meeting, Planning Commission voted 7-0 for
approval of the division/combination (lot line rearrangement) subject
to the following conditions:
Zoning File #1661
February 5, 1992
Page 2
1. Appropriate legal combinations required.
2. McCloud's Record Lot 22 will be granted an automatic lot
area variance upon completion of subdivision and
combination.
3. The Big Island Properties, Inc. Record Lot 16 will be
granted an automatic lot area variance upon execution of a
"special lot combination" request, subject to City approval.
(Staff will discuss this with Big Island Properties, however
that is a different procedure than this subdivision.)
Staff Recommendation:
Staff recommends approval of the proposed subdivision/combination
per the attached resolution.
Proposed Motion
Moved by seconded by-=---=--=----,-~ to approve
resolution*-=---for Sam Mccloud, Big Island Properties, Inc. and
Harold and Patty Farnes granting a metes and bounds class 1
subdivision of a lot line rearrangement per the attached resolution.
Ayes ___ , Nayes
ch
A RESOLUTION APPROVING A
METES AND BOUNDS CLASS 1 SUBDIVISION OF
A LOT LINE REARRANGEMENT FOR
SAMUEL A. MCCLOUD, ET AL
FILE NO. 1661
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter
"City Council") has adopted subdivision regulations for the orderly,
economic and safe development of land within the City; and
WHEREAS, the City Council has considered the application for
a subdivision by Samuel A. Mccloud, Big Island Properties, and Harold
E. Farnes and Patty H. Farnes, (hereinafter "the applicants") of
properties legally described as follows:
That part of Government Lot 3 lying South of the most
Southerly 1 ine of Tract B, Registered Land Survey No.
1294 and North of the Westerly extension of the
Northerly line of Lot 8, Morse Island Park, Section 22,
Township 117, Range 23, according to the United States
Government Survey thereof.
AND
That part of Government Lot 3, in Section 22, Township
117, Range 23, which lies South of the Westerly
extension of the Northerly line of Lot 8, Morse Island
Park, according to the United States Government Survey
thereof. (hereinafter "the property"); and
WHEREAS, the applicants have completed all requirements of
the City for a metes and bounds class 1 subdivision of a lot line
rearrangement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Orono hereby approves the metes and bounds class 1 subdivision
of a lot line rearrangement for Samuel A. Mccloud, et al. according to
the legal description shown on the Certificate of Survey by De.Mars,
Gabriel Land Surveyors, Inc. dated January 16, 1984, revised February
7, 1985 and attached to this resolution as Exhibit A, subject to the
following conditions:
Page 1 of 2
1. Parcel A and Parcel C as described on the Certificate of
Survey attached to this resolution shall be legally combined
for tax purposes and shall be designated as Big Island
Record Lot No. 22 per Section 10.31 of the Municipal Code,
subject to the pertinent ordinances thereof.
2. Parcel B shall be legally combined for tax purposes with
Lots 6, 7 and 8, Morse Island Park, and when combined under
a special lot combination with Lot C, Morse Island Park,
this property shall be designated as Big Island Record Lot
No. 16 per Section 10.31 of the Municipal Code, subject to
the pertinent ordinances thereof.
3. This resolution and the attached Certificate of Survey shall
be filed with the Hennepin County Recorder's office on or
before August 10, 1992. The approval granted by this
Resolution shall expire if the filing has not been completed
by the date specified above. In that event, it will be
necessary to file a new application with the City of Orono
for subdivision review.
Adopted by the City Council of Orono, Minnesota, on this
10th day of February, 1992.
ATTEST:
Dorothy M. Hallin, City Clerk
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ss.
Barbara A. Peterson, Mayor
The foregoing instrument was acknowledged before me on this
10th day of February, 1992 by Barbara A. Peterson & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
Notary Public
Page 2 of 2
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PARCEL A
That part of Go\·crn~cnt Lot 3, Section 22, To•fnship 117,
Hange 23. Hennepin County, Minnesota lyin~ nort~crly ot' the
westerly extension of the south line of Lot 9, ~ORSE ISLAND
PARK, according to the r.ccorded plat thereof and southerly
of a line described as beginning at a point on the cast line
of said Government Lot 3, distant 260.00 feet south of the
East 1/4 cOrner of said Section 22. thence southwesterly
deflecting to the right 60 degrees to the shore of Lake
Minnetonka and said line there terminating.
PARCEL B
That part of Govern.:nent ;,ot 3, Sect ion 22, Hennepin
County, Minnesota lying southerly of the westerly
extension of the south line of Lot 9, MORSE ISLAND
PARK, according to the recorded plat thefeof; EXCEPT
that part of said Governffient Lot 3 embraced in said
MORSE ISLAND PARK.
PARCEL C
!Jot~ 9, 10, and 11, !10RSE fSLAND PARK, according to the
fp~orded plat thcred(,Henncoin County, ~innesota. Also
Mayor
/7":'0nr../l'J?e/'1 1!-se.,.,:,L
171 o /U/ IT7 t'"l I • ~ ;: <-' /7<:;,/
Clerk
PREPARED FOR:
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(Farnes)
EUGENE NELSON
CITY of ORONO
February 4, 1992
Mr. Carter DeLaittre
Lambert & Boeder
1000 Superior Blvd.
Wayzata, Minnesota 55391
Re: Sam Mccloud Subdivision of Property
Dear Mr. DeLaittre:
Municipal Offices
Post Office Box 66
Crystal Bay, Minnesota 55323-0066
The Mccloud subdivision of a lot line rearrangement is scheduled for
City Council final approval at their February 10th meeting. That
meeting starts at 7:00 p.m. This item will be scheduled on the
consent agenda, and no discussion by the Council is anticipated.
Because consent agenda items are acted on collectively at the
beginning of the meeting with no discussion, there would appear to be
no need for you to attend.
If you have any questions, please feel free to contact me at 473-7357.
~2'f/-~
Michael P. Gafrron
Asst. Planning and Zoning Administrator
MPG/ch
cc: Sam Mccloud
TELEPHONE-473-7357 • FAX-473--0510
LAMBERT & BOEDER
JEFFREY W. LAMBERT
LEE R. BISSONETTE
BRUCE A. BOEDER
BARBARA ZIEGLER ASHLEY
CARTER DELAITTRE
KELLEY R. LORIX
MARY F. LAVERDURE
Michael P. Gaffron
Assistant Zoning Administrator
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
Re: Sam McCloud
Subdivision of Property
Dear Mr. Gaffron:
ATTORNEYS AT LAW
l 000 SUPERIOR BOULEVARD
WAYZATA.MINNESOTA 55391
(612) 475-3435
TELECOPIER (612) 475-0301
January 28, 1992
r
OF COUNSEL
CORRINE D. LYNCH
THOMAS A . JUDD
JAMES M. VENTURA
WARREN V . BIGELOW JR
As a follow up to our telephone conversation on Friday, January 24 , 1992, I am forwarding
to you the survey for the subject property that has been signed by Sam McCloud and Kelly
McCloud, Big Island Properties and Harold E. Farnes and Patty H. Farnes. As I previously
informed you, Victoria Nelson-Arneson transferred her fee interest in part of the property to Mr.
Farnes.
Please notify me of the date and time that this matter will go before the City Council. In
addition, I would also appreciate it if you would confirm with me whether or not it will be
necessary for me to attend the Council meeting. In our telephone conversation, you mentioned
to me that you thought it may not be necessary for me to attend.
If you have any questions or need further information, please feel free to contact me at any
time.
CD/lag
Enclosure
cc: Sam Mccloud
Very truly yours,
LAMBERT & BOEDER
~&1¾
Carter DeLaittre
CITY OF ORONO
P. o. Box 66
ZONING FILE 11661
Crystal Bay, MN 55323
473-7357
NOTICE OF PLANNING COMMISSION ACTION
Date of Notice: 7/16/91
TO: Samuel A. Mccloud
Law Office
COPIES TO: Carter DeLaittre
5101 Highway 55
Minneapolis, MN 55440
% Lambert & Boeder
1000 Superior Blvd.
Wayzata, MN 55391
Big Island Properties
% Fred Bruntjen
5353 Gamble Drive, Suite 106
Minneapolis, MN 55416
Victoria Nelson Arneson
3115 Cedar Ave. S.
Minneapolis, MN 55407
Gary Gabriel, Surveyor
3030 North Harbor Lane
Plymouth, MN 55441 ----------------~----------------~----------------------------------~------
TYPE OF APPLICATION: Subdivision
DATE OF MEETING: 7/15/91 VOTE: 7 For O Against
Planning Commission recommends the following:
Approval subject to conditions noted below
NOTES AND SPECIAL CONDITIONS:
1. Legal combinations required:
41 0001)1 Parcel "A" (Part of 22-117-23
23-117-23 32 0013 (Lot 9)
23-117-23 32 0014 (Lot 10)
23-117-23 32 0015 (Lot 11)
1----,McC loud
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Parcel "B" (Part of 22-117-23 41 0001)
23-117-23 32 0010 (Lot 6)
23-117-23 32 0011 (Lot 7)
23-117-23 32 0012 (Lot 8)
Bruntjen -Big Island
Properties
(Please contact Assistant
Plannina and Zoning
Administ.,ra tor Michae 1
Gaffron at 473-7357 if
you wish to discuss this
or the City's current
designation of your
various parcels.)
NOTE: Legal combinations to occur after Council approval but prior to
City's filing of subdivision approval with the County.
Notice of Planning Commission Action
July 16, 1991
Page 2
2. Record Lot 22 (Mccloud) to be granted "Automatic Lot Area Variance"
upon completion of subdivision and combination.
3. Record Lot 16 (Bruntjen/Big Is land Properties) may be granted
"Automatic Lot Area Variance" upon execution of "Special Lot
Combination" -Please call to discuss this.
4. Applicant must provide:
a. A revised certificate of survey including signature lines for all
involved property owners (spouse and all other persons with
interest in the property -al! signed), the Mayor, City Clerk and
date of final approval (see sketch attached).
b. Two copies of survey l" = 200' for City and County records.
Applicant's next scheduled meeting is dependent upon receipt of
additional information. Deadline for the August 12, 1991 meeting is August
2, 1991 or August 16, 1991 for the August 26, 1991 meeting.
If the applicant has trouble obtaining additional information, please
contact the Zoning Department (473-7357).
If you desire certified copies of the official Planning Commission
minutes, they are available from the City Recorder after review and
approval by the Planning Commission.
lsv
To: Chairman Kelly & Planning Commission Members
Mark E. Bernhardson, City Administrator
/.
From:
Date:
Michael P. Gaffron, Asst Planning & Zoning Administrator
July 9, 1991
Subject: #1661 Samuel McCloud/Big Island Properties/Victoria Nelson
Arneson -Subdivision of a Lot Line Rearrangement -Public
Hearing
Zoning District -RS, Recreational Seasonal (Big Island)
Application -Request for City approval of subdivision to split off
lakeshore parcel for recombination with adjacent record lot.
List of Exhibits -
A -Applications (signed by all parties)
B -Plat Map
C -Property Owners List
D -Survey
E -Staff Letter to Carter DeLaittre 2/19/91
F -Documentation From Application #889 (never completed)
Synopsis -
The history of this subdivision request goes back to the rezoning
of Big Island to "RS" in 1983. After designation of Record Lots by
combining of commonly owned parcels, City Planner Al Olson had
discussions with the Nelson family members who owned various parcels
within designated Record Lots #16 and 22. This resulted in the
tentative commitment that the City would grant two small extraneous
lots status as individual record lots, would keep a large back parcel
as part of Record Lot 16, and would approve the subdivision of a
lakeshore strip for transfer from Record Lot 22 to Record Lot 16 for
lakeshore access (to conform with the 1970 torrens action which had
never been formally approved by the City nor recognized by the tax
office).
The Nelson family members proceeded to sell Record Lots 22 and
16, and in 1985 Sam Mccloud and Jay Smedberg filed an application for
the lakeshore strip subdivision. During the City review process,
Smedberg put a hold on the subdivision to investigate his options.
The subdivision was never finalized. Smedberg's Record Lot 16 is now
owned by Big Island Properties on a contract for deed from Victoria
Nelson Arneson, who have both joined Sam Mccloud to finalize this
subdivision.
This gives the City an excellent opportunity to clean up some
very old issues.
Pertinent Facts -
1. The lakeshore strip in question contains approximately .17 acre,
of which .12 acre will stay with Record Lot 22, and .05 acre will
become a part of Record Lot 16.
Zoning File #1661
July 9, 1991
Page 2 of 2
2. Although the plat maps show this total .17 acre strip as a single
tax parcel, a 1970 torrens action allowed the split, and
subsequent property owners hold deeds to their portion of the
strip although Mccloud pays taxes on the entire strip.
3. As part of this subdivision request, Mccloud requests that Lots
9, 10 and 11, Morse Island Park, and the .12 acre strip be
combined into a single tax parcel and be granted the Automatic
Lot Area Variance, which would have been afforded this record lot
if the subdivision had reached completion in 1985.
4. Although not specifically requested by Big Island Properties, the
City would require that the .05 acre strip be combined with Lots
6, 7 and 8, Morse Island Park, and that tax parcel be combined
with the large inland tract through a Special Lot Combination
Resolution to be filed on the chain of title of both resultant
tax parcels. When this is completed, staff would recommend that
Record Lot 16 also be granted an automatic lot area variance so
that the property will gain the formal buildability rights
spelled out in the zoning code.
5. Upon completion of the above, staff would recommend that the City
proceed with an ordinance to revise Section 10.31 to designate
new record lots 70 and 71 for the two extraneous parcels and
correct any discrepancies and errors in Section 10.31 related to
record lot designations.
Staff Recommendation -
Staff recommends approval of the proposed subdivision, subject to
the appropriate lot combinations occuring. Staff further recommends
that upon completion of the above noted combinations, the City should
grant "automatic lot area variances" by resolution for both Record
Lots 16 and 22. Note that lots 70 and 71 would be considered as
substandard, unbuildable record lots per Section 10.31, Subdivision 6
(G), and would not qualify for the automatic lot area variance.
Note: Regarding Mr. McCloud's variance request for the deck/wall
system, staff met with him on July 2 to discuss a redesign of the
structure. That plan should be back to us in time for further review
at your August meeting. (Staff recommends you treat this subdivision
as a separate issue, and note that we cannot issue building permits
for the property until the Subdivision and Lot Area Variance is
completed. )
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CITY OF ORONO -NOTICE
The Planning Commission will hold scheduled public hearings in
the Council Chambers at 1275 South Brown Road on Monday, July 15,
1991 on the following subdivision applications:
1. 7:00 p.m. #1661 Samuel Mccloud has made application for a
subdivision of a lot line rearrangement involving properties
described as Lots 16 and 22, Big Island.
2. 7:30 p.m. #1663 Mark Johnson has made application for a
residential subdivision of two lots of the property located
at 4465 Bayside Road.
All persons wishing to be heard will appear at this time.
Written comments are solicited. Plans are available for review
in the City offices by appointment.
City of Orono
By: Planning Commission
e A. Mabusth, Building
To be published the week of July 1, 1991.
Administrator
, ....... ,., ... ,.. · ·-· ... ·--. , .......... . .·,.-.... _., .. ,... ___ .s::-~0,.__ -· ... -·--..., __ .
CITY OF ORONO -NOTICE ,
The Planning Commission will ho ld
sc heduled public hearings in the Council
C hambers at 1275 South Brown Road on
Monday, Ju ly 15 , 1991 on the following
1141HiMsien a plicalions:
1. 7 :00 t.m. #1661 Sam~el McCloud has
ro ade application for a subd1v 1s1on of a lot line
re arrangement invo lving propenies described
as Lots 16 and 22, Big Island .
2. 7 :30 p .m. #1663 Mark_ Johnson _ ~as
made application for a res1denba l subd1V1ston
of two lots of the property located at 4465
Bayside Road . . . .
All persons w1sh1ng to be heard will
app ear at thi& time . Written comments are
soli cited . Plans are available for review 1n the
City offices by appointment.
City of Orono
By: Planning Commission
Jeanne A. Mabusth,
Building & Zoning Administrator
(Pu blished in The Laker and Pioneer July 1 ,
1991)
-··-~·---·-. . -...... -·-----~ -···-· -. _...,._ ___ ... -~--·--.. ---.. ......
Affidavit of Publication
State of Minnesota , County of Hennepin .
Bill Holm, being duly sworn , on oath says tha t he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER , Mound , Min -
nesota, and has full knowledge of the facts which are
st ated below :
A.) The newspaper has complied wi t h all t he requ ire -
men t s const ituting qualificat ions as a quali f ied
newspaper , as prov ided by Minnesot a Sta t ute
331 A.02 , 331 A.07 , and other applicable laws , as
amended .
8 .) The printed
which is attached was cu t from the columns of sai d
newspaper , and wasl rin t ed and published once each
week for ____ +-------'successive weeks :
It was first published Mon
the J!!. day of ---¥-F"-'~--19 q /.
and was thereafter pr i nt an published every
Monday, to and includ ing Monday ,
t he __ day of _______ _ 19_;
---·~-;;;-
1
E .... TT_A ... A...,._ .... sNT'#'RNAMU.,,S-p.,l.J thoriz ed Agent
NOTARY PUBLIC
CARVER COUNTY
MV COM MISSION EXP IRES 3-1-96
Subscri bed and sw orn t o me on t his
By:
day of ~ , 195.J.
Th<M)~ IJ ~ Jtz-~
No t ary Public
Rat e Informat io n
( 1) Low est classified rat e pai d by commerc ial user s for c ompara -
ble space : s 10.40 p e r inc h.
(2) Maxi mum rat e allowed by law for above ma tter : $10 .40 per inch .
(3) Rate actually charged for above matter: $5 .48 per inch .
Each additional succ essive w eek : $3.66 p er in c h
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss.
)
CITY OF ORONO )
I, Jamie Bosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of #1661, was mailed to the attached list
of property owners.
In Witness Whereof, I have hereunto set my hand and seal
this 26th day of June, 1991.
Jamie Bdtma
LAMBERT & BOEDER
JEFFREY W. LAMBERT
LEE R. BISSONETTE
BRUCE A. BOEDER
BARBARA ZIEGLER ASHLEY
BECKY SKINNER TOEVS
CARTER DELAITTRE
ATTORNEYS Ar LAW
1000 SUPERIOR BOULEVARD
WAYZATA, MINNESOTA 55391
(612) 475-3435
'fELECOPIER (612) 475 -0301
Mr. Michael P. Gaffron
Assistant Planning & Zoning
Administrator
City of Orono
P.O. Box 66
Crystal Bay. MN 55323
Re: Samuel A. Mccloud -
n e a r Mr. Gaffron:
l·'"' I .,_ V
KELLEY R. Lorux
SHJRLllY QUAL
MARY F. LAVERDURE
OF COUNSEL
SAMUEL L. STERN*
CORRINE D. LYNCH
Pursuant to your letter dated June 3. 1991. I am forwarding
to you a check in the amount of $250. 00 for the Subdivision
Application Fee along with a certified list of property owners
within 350 feet of the property to be divided for tax
purposes. Since the original application form has already been
completed. I believe this is a 11 that is necessary to file
prior to the Planning Commission meeting on July 15. 19 91. If
there is other information that needs to be filed at this time.
I would appreciate it if you would contact me and advise me
accordingly.
If you have any questions or need further information.
please feel free to contact me at any time.
CD/lag
Enclosure
cc: Sam Mccloud
Very truly yours.
LAMBERT & BOEDER
~&~
Carter DeLaittre
CITY of ORONO
Municipal Offices
Post Office Box 66
Crystal Bay, Minnesota 55323
June 3, 1991
Carter DeLaittre
Lambert & Boeder, Attorneys at Law
1000 Superior Blvd
Wayzata, MN 55391
Re: Samuel A. Mccloud -Division of Land for Tax Purposes
Dear Mr. DeLaittre:
I am now in receipt of signed application forms for the above
referenced tax division, from all three of the affected property owners.
In reviewing this matter with Zoning Administrator Jeanne Mabusth, we
have concluded that we must treat the application as a new request. Per
Municipal Code Section 11.10, Subdivision 15, the applicants had one year
after the March 18, 1985 Planning Commission approval to file a final
subdivision application. The requirements for such an application were
enumerated in the staff notice of Planning Commission action dated 3/20/85
and included submittal of survey signed by all the affected property
owners, as well as two copies of the survey at a scale of 1"=200' for City
and County records. Obviously, because Jay Smedberg would not sign the
request, the final subdivision approval application could not be made.
As a result of this determination, we must require that the $250.00
subdivision application fee be submitted, along with a new certified list
of property owners within 350 feet of the property boundaries (obtain from
Hennepin County Department of Finances, 348-3271). This application will
have to go as a public hearing before the Planning Commission, which will
be scheduled for July 15, 1991 if your fees and list are in by noon on
Friday, June 21st.
TELEPHONE-473-7357 • FAX-473-0510
Carter DeLaittre
Re: Samuel Mccloud -Division of Land for Tax Purposes
June 3, 1991
Page 2 of 2
While staff would suggest to the Planning Commission that resolution
of the subdivision issue is a separate matter from the variance request, I
cannot guarantee that they wil 1 make a recommendation on the subdivision
until the variance issues are resolved. As you may recall from the
Planning Commission tabling in March 1991, applicant was to work with staff
to formulate a proposal for acceptable revisions to the deck/wall/stair
structure for Planning Commission review. While the Building Inspector has
been working with Minnetonka Design in dealing with the building permit for
the cabin, we have had no contact regarding a redesign of the wall system.
I hope this memo clarifies the procedural steps for completion and
processing of your subdivision application. I will be happy to meet with
you to discuss the deck redesign issues. Please contact me at 473-7357 if
you have further questions.
MPG/tln
Enclosures
cc: Samuel Mccloud
:;;z;o¥
Michael P. Gaffron,
Asst Planning & Zoning Administrator
Jeanne Mabusth, Building & Zoning Administrator
Lyle Oman, Building Official
Bruce Vang, Building Inspector
LAMBERT & BOEDER
JEFFREY W, LAMBERT
LEE R. BISSONETTE
BRUCE A. BOEDER
BARBARA ZIEGLER ASHLEY
BECKY SKINNER TOEVS
CARTER OELAITTRE
AT'IORNEYS AT LAW
1000 SUPERIOR BOULEVARD
WAYZATA, MINNESOTA 55391
(612) 475-3435
TELEGOl,'IER (612) 475-0301 . ' ~ ·;; 1 ::;,i' ~
t'.F,,,,,,:.,._':-·\
V
May 29,
Michael P. Gaffron
Assistant Planning & Zoning
Administrator
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
Re: Samuel A. Mccloud
Division of Land for Tax Purposes
Dear Mr. Gaffron:
KELLEY R . LORIX
SHIRLEY QUAL
MARY F. LAVERDURE
OF COUNSEL
SAMUEL L. STERN*
CORRINE D. LYNCH
*ALSO ADMITTED IN CALIFORNIA
Enclosed herewith with respect to the above-referenced
matter is the application for division of land for tax purposes
which has been signed by Fred Bruntjen on behalf of Big Island
Properties.
I would appreciate it if you would contact me upon your
receipt of this letter and advise me whether or not Mr. Mccloud
will have to go before the Planning Commission as merely a
formality or if this matter can go directly before the City
Council for approval. My recollection from our previous
telephone conversations is that Mr. Mccloud may be able to go
directly before the City Council since this matter had
previously been approved by the Planning Commission after the
original application had been submitted.
If you have any questions or need further information,
please feel free to contact me at any time.
Very truly yours,
Lo/fBE_RT & BOEDE.R ~~
Carter DeLaittre
CD/lag
Enclosure
cc: Sam Mccloud
CITY OF ORONO -SUBDIVISION APPLICATION
PROPERTY LOCATION
Site Address Strip of land adjacent to Bia Island Record ra+-"' "22 .nc' 16
Property Identification Number (P.I.D.) 22-111-23-41-0001
Please check one -Property __ abstract or _lL_ torrens?
Attach legal description to application.
P..PPLICANT . b Phone (home) 533-9621 Samuel A. McCloud, to be joined in y -------------------
Victoria Nelson Arneson and
Name Big Is J and l?rgi,artioc, cla Ered Rn1nt jen Phone (work )_5_4_2_-_9_8_0_1 ____ _
Address: 51 01 Highway 55 City: Minneapolis Zip: 55440
---------------------------------------·------------------------------------
OWNER (if different than applicant) Phone (home) ---------See above and attached conditions of
Name
Address:
(attach list if more than one)
EXISTING LAND USE
Number of Tax Parcels 1 --------
Development Size
.19
Present Use (check)
X
Phone (work) ---------
City: Zip: ---------------
Acres Dry Land
Acres Wet Land
Acres Total, all parcels
Residential; no. of units
Other (specify) Seasonal residential
Present Zoning District RS ----------
PROPOSAL x ---------Division for Tax Purposes
Lot Line Rearrangement Only (no new building sites}
Subdivision for New Building Sites
Number of Building Sites:
Proposed Gross Density:
Minimum Lot Size:
Proposed Use: (check)
Existing Units
New Units
Total Units
Units per __ Acres
Sq Feet Dry Buildable Land
Residential
Other (specify) ______ _
II'
I
!llNIMOM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION
1 . Completed Application Form
2. Preliminary Plat information on Certificate of Survey.
3. Certified Property Owners List of owners within 350' (you must obtain
this list from Hennepin County Department of .. Finance A-60 3 Go v t Cent e r
348-3271).
4. As an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
Certification by Zoning Department that Preliminary Plat Application is
complete.
Zo n i ng Off icia l's Signature_______________ Date ________ _
~. • := --· ·,. ·--\
2. Signed certificate o f survey or mylar cop i e s of forma l plat.
3. Title opinion.
4. Easements, Covenants, etc.
5. Developers Agreement and Letter of Credit.
Certification by Zoning Department that Final Plat Application is complete.
Zo ning Offi c ia l 's Si gn at• re _______________ Date ________ _
PEES
Sketch Plan Review (Class I, II & I I !)
x Subdivision of a Lot Line Rearrangement
Preliminary Review (Class I & II Subdivision)
Preliminary Review (Class III and all non-residential)
Final Plat Review (Class III)
*(Plus any legal or engineering charges)
$150.00
250.00
250.00
300.00 +
20.00/Lot
150.00*
The applicant hereby agrees to provide al 1 information required or
requested by the Zoning Administrator, City Engineer, City Attorney,
Planning Commission and Council necessary to process this application and
further agrees to pay all additional fees established by ordinance.
Date
owner's Signature Date
Fre d Brun n
Applicant must have all su ttals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council. If an applicant is
unable to attend a scheduled meeting, please make arrangements to have an
authorized agent attend in your place and to advise the Building & Zoning
Office of this change prior to the meeting.
CITY of ORONO
Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices
On the North Shore of Lake Minnetonka
DATA PRIVACY ADVISORY
In accordance with M.S. 15.165, "Rights of subjects of data",
we would like to inform you that your request for a permit or
license from the City of Orono or -any of its departments may
require you to furnish certain private or confidential inform-
ation.
You are notified that:
1.
2 •
3 .
4.
The information you furnish will be used to determine
your qualification for the permit or license requested.
You may refuse to supply data, but refusal may require
that the City deny the permit or license.
The information may be shared with other local, state
or federal agencies to the ex~ent necessary to process
the permit or license.
If vour reauested permit or license requires Council
actlon to ~pprove,-some information may become public.
5. You have certian rights und~r M.S. 1s:16S to review
private data on yourself.
6. Your full name, and date of birth are required to process
this application or permit.
Fred
First Middle
Rruntjen
Last
Address
Ex celsior MN 55331
Date of birth (does not apply to building/general permits)
Phone
I
BUILDING & ZONING -473-7357
ASSESSING
ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473-7359
~~ 457005
DISTRICT COURT NI? 2248
Originally registered the 20th dB¥ of April
Volume 74 Page 23899
atlGH;'i'lablit'lOW ST,\'rE 01 ~hNNESO'l'A,} ,S----.S
Cot~'TYo'IlENNEPIN. .._:;_,· >--(fflft,j~,,/tl'/'CilW,✓$rt-1 Victoria Nelson Arneson residing at 3740 Minnehaha in the
City of Minneapolb, County of Hennepin and State of Minnesota
is ,/tc•tt,~;_,Nt,ne-i ~n,,,e,;/a/4; Jv~: Aivjk,.1,iuytd
N~ 457
r/a,1d✓tivl~~lf;,,/4e1i/d,/4,n4a'ltuz/d-m/kCC~--<;/cl?~-andf/'mk~9lli~4b-,a,#:
That part of Government I,::,t 3, in Section 22, Township 117, Range 23, which lies South of the Westerly extension of the
Northerly line of IDt 8, M:lrse Island Park, according to the United States Government Survey thereof.
S££ OVER
cb
Victoria Nelson Arneson is of the age of 58 years, is unmarried and is wider no disability,
ill !lll/'1@'5S Nfllf!J'fl✓@/; J /4w& ,&uu,,,k ~-,y-,na,nw~,-,y~✓A'e,,,;ed
,¥;~ny,Jjf'u,;,,,d',;, Ninth 4y-A/ September ,,/JI 70
Ben K, Allison
SEE OVER
Hi7Q05 CONTINIJ~D
------=·:_c::o.-
DOCUM£tt'r ~ KIND Of"" OATL'OFI/IISfHUMENT DATt;.· OF HC:Gf~IR,<4.TION
NVMBCR INSTRUMENT ,.,011rH )o-"'YI YCAA ~--;ro-:d ·~:~;; ~~~;nr<.1Ar. ... AMOUNT RUNNING IN FAVOR OF' SIGNATURE OF REGISTRAR
~~~ -tt:t½L q
-.,.~lti/J__ 0•"''"' lt'r~Qol-&u. -~ ,qn 1,011 JI t9ff.2 -3 -·, ____ ,. ""'Yl v ~ --• n ~ : ., · -,, -:'if
---l{u'~ i;,;_~,._~_..) ~.
lv ,.J, /f;II I, f_,,, 144 ''c, 10 l'fn Ir,._/,,.. </ ,,,_ , :, ,o Cf ~11.__J£J'i ,,-11-s-Aooo.n, ~'m~ ~?!/.~1' ~J..,fu, t'd•;l'J~
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CERTIFICATE OF TITLE NC? 662019
Srm II IIINIISIITA.
COOOY DI HDll£Plll
This Is to certify that
Transfer from No, 457006
A,P. 1922
No. 662019
DISTRICT COURT No.(o) 2248
Originally registered the 20th day of April
Volume 74 Page 23899
REGISTRATION
Samuel A. McCloud, of 4529 Zane Avenue North, City of Crystal, County of Hennepin, State of Minnesota
ls now the owner(s) of an estate in fee simple of and in the following described land situated in the County of Hennepin and
State of Minnesota, to wit:
That part of Government Lot 3 lying South of the most Southerly line of Tract B, Registered Land Survey No. 1294 and North
of the Westerly extension of the Northerly line of Lot 8 1 Morse Island Park, Section 22, Township 117, Range 23, according to the
United States Government Survey thereof.
Subject to the encumbrances, liens and interest noted by the memorial underwritten or endorsed hereon; and subject to the
following rights or encumbrances subsisting, u provided in the twenty-fourth section of" An act concerning the registration of land
and the title thereto" of the Gener.al laws of the St.ale of Minnesota for the year 1905, and the amendments thereof, namely:
1. Lien,, clalm1 or right, orl1Jn9 under the law, Or the con1tltution of the Unlled StatH, which th• ttatutes of thlt 1tate cannot require to appear of record.
2. Th• IMin of any real property tax or 1peclal a1HHment for which the land ha, not been sold at the date of the certlncale of tllle.
3. Any leaH for a period not exce•dlng thrH yean, when there 1, actual occupation of the preml,H under the leaae.
4. All rlghtt In publlc highway• upon the land,
5. Such right of appeal or right to appear and contHt the application 01 I, allowed by law.
6. The rights of any person In po11H1lon U'1der dHd or contrad for deed from the owner of the certificate of title.
7, Any out,tanding mechanlu lien right, which may exl1t under Hclion1 514.01 to 514,17.
That the said Samuel A. Mccloud is of the age of 42 years, is unmarried and is under no disability.
IN WITNESS WHEREOF, I have hereunto ,ubmibed my name ind offixed the Hal of my office
this Eighth day of April 1985
R. Dan Carlson
Registrar of TitlH,
MEMORIAL
In ind for the C~nnepin ind State of.MinnHol1.
By u #N rt..., ---====
DEPUTY
AMOUNT
r;====,;======;O;=F=E=ST=A=T=ES='=E=ASEMENTS OR CHARGES -~N THE LAND DESCRIBED IN THE CERTIFICATE OF TITLE HERETO ATTACHED.
i DOCUMENT
: NUMBEfl RUNNING IN FAVOR OF
~ .j-~ ~, ~.
(a. MIJl..tr'tf-)
Cjf 1~ HE OVER
JEFFREY W. LAMBERT
LEER. BISSONETTE
BRUCE A . BOEDER
BARBARA ZIEGLER ASHLEY
BECKY SKINNER TOEVS
CARTER DELAITTRE
LAMBERT & BOEDER
ATTORNEYS AT LAW
1000 SUPERIOR BOULEVARD
WAYZATA, MINNESOTA 55391
(612) 475-3435
ThLECOPIER (612) 475-0301
May 14, 1991
Michael P. Gaffron
Assistant Planning & Zoning
ffed~•.:,
MARY F. LAVERDURE ••. L.'.....I
· OF COUNSEL
,NA,.lfuE1:!-Li"ERtj'n
CORRINE D."lYNeiY91
*ALSO ADMITTED IN"CALIFORNIA
Administrator
City of Orono
P.O. Box 66
I J )~
•' I
Crystal Bay. MN 55323
Re: Samuel A. Mccloud
''!/ r,. ---.
\, ,.
Division of Land for Tax Purposes
Dear Mr. Gaffron:
Enclosed herewith with respect to the above-referenced
matter is the application for division of land for tax purposes
which has been signed by Victoria Nelson Arneson. I am still
awaiting the application from Big Island Properties. I spoke
with Fred Bruntjen about a week ago and he informed me that he
would be forwarding the application to my office.
If you have any questions or need further information.
please feel free to contact me at any time.
CD/lag
Enclosure
cc: Sam Mccloud
Very truly yours.
LAMBERT & BOEDER
~'~
Carter DeLaittre
CITY OF ORONO -SUBDIVISION APPLICATION
PROPERTY LOCATION
Site Address Strip of land 2.djacent -co Bi<] TsJaud Record fats #"" ·::id 16
Property Identification Number (P.I.D.) 22-117-23 4J 0001
Please check one -Property __ abstract or_;;:__ torrens?
Attach legal description to application.
APPLICANT Samuel A. Mccloud, to be joined in byPhone (home)_S_3_3_-_96_2_1 ____ _
_ Victoria Nelson Arneson and
Name Big IsJand PrQp.:ir::ties, c(o fred Brqn,,en ;;.~'-'-'-"'-,, ____ ,., _____________ _
Address: 51 01 Hi CJbway 55 City: Minneapolis Zip: 55440 ---------------------------------------------------------------------------
OWNER (if different than applicant) Phone (home) ---------See above and attached conditions of
Name Phone (work)
Address:
(attach list if more than one)
EXISTING LAND USE
Number of Tax Parcels 1 ----------
Development Size
-.19
Present Use (check)
X
---------
City: Z ----------
Acres Dry Land
Acres Wet Land
Acres Total, all parcels
Residential; no. of units
Other (specify) Seasonal residential
Present Zoning District __ .....;;..R~s ______ _
PROPOSAL X Division for Tax Purposes
Lot Line Rearrangement Only (no new building sites)
Subdivision for New Building Sites
Number of Building Sites:
Proposed Gross Density:
Minimum Lot Size:
Proposed Use: (check)
Existing Units
New Units
Total Units
Units per __ Acres
Sq Feet Dry Buildable Land
Residential Other (specify) ______ _
MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION
1. Completed Application Form
2. Preliminary Plat information on Certificate of Survey.
3. Certified Property Owners List of owners within 350' (you must obtain
this list from Hennepin County Department of -Finance A-603 Govt Center
348-3271).
4 . As an addendum to this application, please attach a separate list o=
any other persons you wish notified of this application.
Certification by Zoning Department that Preliminary Plat Application is
complete .
Zoning Official's Signature _______________ Date ________ _
l .. --<: .. 1 ~~~2:~·:.:. ._:_ :.:~1-~-(;:-1 __ _:__1~ , ~-------:., ---..... :., .·•'1..." ~=-·:. .. ··H·=-... ..:..:. 2..::..:.•SE.'.'..;;~=-~::-:-.:"
2. Signed certif icate o f survey o r mylar c opi e s of formal plat.
3. Title opinion.
4. Easements, Covenants; etc.
5. Developers Agreement and Letter of Credit.
Certification by Zoning Department that Final Plat Application is complete ~
Zon ing Official's Signature _______________ Date ________ _
PEES
Sketch Plan Review (Class I, II & III)
_L_ Subdivision of a Lot Line Rearrangement
Preliminary Review (Class I & II Subdivision)
Preliminary Review (Class III and all non-residential)
$150 .00
250 .00
250.00
300.00 +
20.00/Lot
Final Plat Review (Class III) 150.00*
*(Plus any legal or engineering charges)
The applicant hereby agrees to provide al 1 information required or
requested by the Zoning Administrator, City Engineer, City Attorney,
Planning Commission and Council necessary to process t his application and
further agrees to pay all additional fees established by ordinance.
Applicant's Signatur~_-~ ___ , __ ~'}Je-~---"''-'----....t..;,.~-.....,;;,;;~=~--
Victoria Ne lson Arneson
owner's Signature ~~ ~ t;2~
Date ?147 /ol /9V
Dat~&~ /~1 /ill
Victoria Nelson Arneson
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. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council. If an applicant is
unable to attend a scheduled meeting, please make arrangements to have an
authorized agent attend in your place and to advise the Building & Zoning
Office of this change prior to the meeting.
CITY of ORONO
Post Office Box 66 • Crystal Bay,. Minnesota 55323 • Municipal Offices
On the North Shore of Lake Minnetonka
DATA PRIVACY ADVISORY
In accordance with M.S. 15.165, "Rights of subjects of data",
we would like to inform you that your request for a permit or
license from the City of Orono or any of its departments may
require you to furnish certain private or confidential inform-
ation.
You are notified that:
1. The information vou furnish will be used to determine
your qualificati~n for the permit or license requested.
2 . You may refuse to supply data, but refusal may require
that the City deny the pernit or license.
3. The information may be shared with other local, state
or federal agencies to the extent necessary to process
the permit or license.
4 . If vour recuested Permit or license requires Council
acticn to ~pprove,-some information may become public.
5. You have certian rights under M.S. 1s:16S to review
private data on yourself.
6. Your full name, and date of birth are required to process
this application or permit.
victori a Nelson Arneson
First Middle Last
3115 Cedar Avenue South
Address
Minneapolis, MN 55407
Date of birth (does not apply to building/general permits)
Phone
I understand my rights as stated above.
X tJ/4,~ ~-r--~~~
Signature
BUILDING & ZONING -473-7357
ASSESSING • ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473.7359
HC• 1030
SIA!£ m ll1111£SOTA.
CllllllY m HDINO'III.
Thi, is to certify that
CERTIFICATE OF TITLE
Transfer from No, 457006
A,D, 1922
No. 662019
DISTRICT COURT No,(1) 2248
Originally registered the 20th day of April
Volume 74 Page 23899
REGISTRATION
N~ 662019
Samuel A. Mccloud, of 4529 Zane Avenue North, City of Crystal. County of Hennepin, State of Minnesota
is now the owner(,) of an e1t1te in fee simple of and in the following described land situated in the County of Hennepin and
Stale of MiMesota, lo wit:
That part of Government Lot 3 lying South of the most Southerly line of Tract B, Registered Land Survey No. 1294 and North
of the Westerly extension of the Northerly line of Lot 8, Morse Island Park, Section 22, Township 117, Range 23, according to the
United States Government Survey thereof.
Subject lo the encumbrances, lien, and interest noted by the memorial underwritten or endorsed hereon; and subject to the
following rights or encumbrances subsi,ting, as provided in the twenty-fourth section of" An act concerning the registration of land
and the title thereto" of the General laws of the Stale of Minnesota for the year 1905, and the amendmenl5 thereof, namely:
1. Lien,, claltm or ri9ht, arl1in9 under the low, or the con1titutlon of the United State&, which the ,tatutH of thl1 &tat• cannot require to appear of record.
2. Th• lien of any real property tax or 1peclal a, .. 11ment for which th• land ha, not been ,old at the date of the cartlAcale of title.
3, Any INH for o period not eneecling thre• yean, when there 11 actual occupation of tha premltet under th• leoH,
4. All right, In public highway, upan the land.
$. Such right of appeal or right to appear and contest the appUcallon 01 It allowed by law.
6. The right, of any parson in po1unlon under deed or contract for deed from the owner of the certificate of title.
7. Any outatanding m.chonlu lien right, which may exltt under .. ctlont 514.01 to 514,17.
'.l-11:l° II
Cjf 1~
That the said Samuel A. McCloud is of the age of 42 years, is unmarried and is under no disability.
IN WITNESS WHEREOF, I have hereunto submlbed my name and affixed the seal of my office
this Eighth day of April 1985
R. Dan Carlson
Registrar of Titles,
MEMORIAL
In and for the CCLZnnepln and Stale of Minnesota.
ly '< Mt d:1o ---==
DEPUTY
LAND DESCRIBED IN THE CERTIFICATE Of TITLE HERETO ATTACHED.
AMOUNT RUNNING IN FAVOR 01" IIGNA.TURE OP
DEPUTY REGIITRA
IH OVER
COUNTY OF HENNEPiN
STATE OF MINNESOTP.
THIS }S A,c;.o~ei:no;:,i, OF THE
REGbT.~ ~$:l Q'.f~l.Vv.lTHIN
CE.F1Jl(!-Cf'.1f,;l'.l~:HILE·ON
Fi LEIN THE OFF:ICE OF, JHE
REGISTR R OF.TITLES•AS OF
THt; ,~H>f ·:19U
OF J LES·
,, ,.
N! 457
DISTRICT COURT N'? 2248
Originall,y registered the 20th day of April
Volume 74 Page 23899
Victoria Nelson Arneson residing at 3740 Minnehaha in the
City of Minnea:p:ilis, CoW1ty of Hennepin and State of Minnesota
is /tNtcJ/le,.,Qw,ne-t, ?!'7,,an,AJ-la/e, ,/u,,a,d; ,;jv,?e,.;1-i,yui-.
,,,/'and,t;';v.//ie:,~l~,y/4ci~d/4m:t,,,;i/raddmJ£e-Cef7~y,Q/ /I"~ -andYiakAJ/97ti~~-w:
That part of Government Lot 3, in Section 22, Township 117, Range 23, which lies South of the Westercy extension of the
Northerly line of Lot 8, i.t,rse Island Park, according to the United States Government Survey thereof,
Victoria Nelson Arneson is of the age of 58 years, is unmarried and is under no disability.
ll!i llifllifl6'!l Wl!.@l~@Jt J /,ave, A'.e.ua,w,r ~d.mir,-na,,,w ,a,m/,a/µ,,;k,,ud'
~'"'Y~"',/,1{,j Ninth _/4y,e,/ September ,,/,P 70
Ben K, Allison
J
,!f ,'===="'===--b====d====="===="====1i=====i============6========~1
SEE OVER
cb
-..... ----··
SC£ OVER
COUNTY OF HENNEPIN ""~~
STf\TE OF MINNESOTA
THIS IS A CONDITION OF THE
REGISTER AS'T0 THEWl.tHIN
CE:RTIFIC1tf0f .TITLE cit-(
FILE IN THE 6FF'ICEOF·THE,
REG~~. R QF,·TITLES AS.OF c; /
THE .~,~~:
REGISTRAf¼}f~TT~~ ;!
BY ·~~•<
DE U Y' • •· ·. ·
,,.,L.,C,,, ,,,...,,,,, ______ _
1\57005 CONTINIJEO
oocuMENT KINO OF e~~~ 0.14.T: -;_-;: ,.~i;G~:iFt,I\ 1 ION -
NUNBCR INSTRUMENT MO~-;:;ro:~ry_~-~':--:;_-;; .-,;-,;-AMOUNT RUNNING IN FAVOR OF SIGNATURE OF REGISTRAR
,, _, u .• I i~~,,~ '~-
ci,,h~ 0
Lt.'Uick ,!1_,__ ~ ,q;7 ,On_ JI 198? 3 ~· ,. " I • """' J~-'" Wt~:;tl:i 0•.,.,fY
n~,;, .I 7/C
0
~-/,,U<aa.v l~~L~...J ~
U')j ·I,:, 10 'lr, -r: ,,, ,,., ,. l'-lt .__ ,5 ooe _,-,_/. ,/2 w)b '11.--ooo.n, '?~mn ~)41ol.-,tQ~ iv ,J, If a/,__l,, ~,(•;l'Jtf :;-• ~ '-;/'/ ....,,. •'-LL._,, A ._,.,....,.,,..
0 u ;:;~-'6;,j ~><-£
C--
-·
,_
L __
'---
-·
---~----·-------·-----· --------
LAMBERT & BOEDER
JEFFREY W. LAMBERT
LEE R. BISSONETTE
BRUCE A. BOEDER
BARBARA ZIEGLER ASHLEY
ATlORNEYS AT LAW
1000 SUPERIOR BOULEVARD
WAYZATA, MINNESOTA 55391
(612) 475-3435
ThLECOPIER (612) 475-0301
KELLEY R. LORIX
SHIRLEY QUAL
MARY F. LAVERDURE
BECKY SK.INNER TOEVS
CARTER DELAITTRE
OF COUNSEL
SAMUEL L. STERN*
April 29, 1991
Michael P. Gaffron
Assistant Planning & Zoning
i/vJ AY 3 1991
Administrator
City of Orono
P.O. Box 66
Crystal Bay. MN 55323
Re: Samuel A. Mccloud
1 -.
~
Division of Land for Tax Purposes
Dear Mr. Gaffron:
11 , •••
This letter is a follow-up to our telephone conversation on
Thursday. April 25, 1991. I am enclosing with this letter the
original subdivision application which has been signed by
Samuel A. Mccloud. I informed you that I will forward to your
attention the other two applications from Victoria Nelson
Arneson and Big Island Properties upon my receipt of the same.
However. I did want to for.ward Mr. McCloud 1 s application to you
in order to get this process moving forward.
If you have any questions or need further information,
please feel free to contact me at any time.
CD/lag
Enclosure
cc: Samuel A. Mccloud
Very truly yours.
LAMBERT & BOEDER avdiJ.,~
Carter DeLaittre
. -..... ..,
¥ J ~-
CITY OF ORONO --SUBDIVISION APPLICATION_ r# _ -fl.r--r:!?--~.·
PROPERTY LOCATION J . \t)) 0
Site Address Strip of land adjacent tq B;g: Is)apr! :Recr-r6._Ia~s f,.;.:,· -~,· 16
Property Identification Number ( P. I. D. ) 22-n 7-23-4) -0001
Please check one -Property __ abstract or
Attach legal description to application.
y --torrens?
----------------------------------------------------------------~::~t.ftAtt-;;E-tit~IC.E
APPLICANT . Phone (home) 533-9621 lJ;:;U~'{}U{}UfJ #'. Samuel A. Mccloud, to be joined in bv ,·d n::-~1 -;;::,-·1 ,"1,'i
Victoria Nelson Arneson and -i'W::r'i' VJ. 'fr" 'i,._'ff'ft ;')J\
Name 'Rig Tcl~T"l,-l n-~· r/0. Fr--0 1 ⇒r11nr1en ;; • .-v_.;:.;. \.1",--•-J :-: . ...:'""'-9~c~•IJ::::'~-... '1:. .. ··a:;,1,J~,z:ir\l t·. w .... 9 pg•-01.oc ,c ..., ~ ---~ _._ .:':;_;_,:;_;!··· f.· ! ~-/HiVt~ YDll
H-·"'J'fi.:':ii': r-t·::"°:i !)!d !if"p,t:Q•. Add · z· ~~4·4tt'-' ,.-v,,J. ,,,.,J. ,,.,.,.,_;_,; ress: 5JOJ Highway 55 City: Minneapolis ;:;:=-~J..P'!______ (J6./20/9i. -----------------~-------•-----•·---=:,..-.-,MY-~---------------•----------------------------
OWNER (if different than applicant) Phone (home) ----------See above and attached conditions of
Name
Address:
{attach list if more than one)
EXISTING LAND USE
Number of Tax Parcels
Development Size
Present Use (check)
1
.19
X
Phone (work) ----------
City: _________ Zip: _____ _
Acres Dry Land
Acres Wet Land
Acres Total, all parcels
Residential; no. of units
Other (specify} Seasonal residential
Present Zoning District RS -----------
PROPOSAL x --------Division for Tax Purposes
Lot Line Rearrangement Only (no new building sites)
Subdivision for New Building Sites
Number of Building Sites:
Proposed Gross Density:
Minimum Lot Size:
Proposed Use: (check)
Existing Units
New Units
Total Units
Units per Acres
Sq Feet Dry Buildable Land
Residential
Other (specify) ______ _
.MINIMUM MATERIAL NECESSARY FOR COMPLETE
1. Completed Application Form
2. Preliminary Plat information on Certificate of Survey.
3 . Certified Property Owners List of owners within 350' (you must obtain
this list from Hennepin County Department o f .Finan ce A-603 Govt Center
348-3271).
4. As an addendum to this application, please attach a separate l ist of
any other persons you wish notified of this application.
Certification by Zoning Department that Preliminary Plat Application is
complete.
Zo ning Of=i ci al's Signature______________ Da te ________ _
1. P ayment of f ee s (p ark f e es , f i l ing fee , sewer and water assessments).
2. Sign ed cercifi cat e o f s urvey o r myla cp.::. s o.i f. n:,c:.~ :;.:12.t.
3. Title opinion.
4. Easements, Covenants, etc.
5. Developers Agreement and Letter of Credit.
Certification by Zoning Department that Final Plat Application is complete.
Zoning Official's Signature _______________ Da te ________ _
FEES
Sketch Plan Review (Class I, II & III)
>< Subdivision of a Lot Line Rearrangement
Preliminary Review (Class I & II Subdivision)
Prelim,inary Review (Class III and all non-residential)
Final Plat Review (Class III)
*(Plus any legal or engineering charges)
$150. 0 0
250.00
250.00
300.00 +
20.00/Lot
150.00*
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, City Engineer, City Attorney,
Planning Commission and Council necessary to process this application and
further agrees to pay all additional fees established by ordinance.
Applicant's Signature Date
Owner's Signature Date
Samuel A. McCloud
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 o _f each month. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council. If an applicant is
unable to attend a scheduled meeting, please make arrangements to have an
authorized agent attend in your place and to advise the Building & Zoning
Office of this change prior to the meeting.
.1
CITY of ORONO
Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices
On the North Shore of Lake Minnetonka
DATA PRIVACY ADVISORY
In accordance with H.S. 15.165, "Rights of subjects of data",
we would like to inform you that your request for a permit or
license from the City of Orono or any of its departments may
require you to furnish certain private or confidential inform-
ation.
You are notified that:
1.
2 .
3.
4.
5 .
6 •
The i~formation vo~ furnish will be used to determine
your qualificati;n for the permit or license requested.
You may refuse to supply data, but refusal may require
that the City deny the per~it or license.
The information may be shared with other local, state
or federal agencies to the ex~ent necessary to process
the permit or license.
If vour reauested Permit or license requires Council
action to ~pprove:some information may become public.
You have certian rights und~r M.S. 1s:16S to review
private data on yourself.
Your full name, and date of birth are required to process
this application or permit.
Samuel A McCloud
First Middle Last
5101 Highway 55
Address
Minneapolis, MN 55440
Date of birth (does not apply to building/general permits)
Phone
BUILDING & ZONING -473-7357
ASSESSING •
above.
ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473-7359
HC 1030
S !Al[ DI MIIIIESOTA.
COUIIIY ot HD11£111l
This 11 to certify that
CERTIFICATE OF TITLE
Transfer from No, 457006
A,D, 1922
No. 662019
DISTRICT COURT No,(,) 2248
Originally registered the 20th day of April
Volume 74 Page 23899
REGISTRATION
N~ 662019
Samuel A. Mccloud, of 4529 Zane Avenue North, City of Crystal, County of Hennepin, State of Minnesota
is now the owner(,) of an estate in fee simple of and in the following described land situated in the County of Hennepin and
State of Minnesota, to wit:
That part of Government Lot 3 lying South of the most Southerly line of Tract B, Registered Land Survey No, 1294 and North
of th~ Westerly extension of the Northerly line of Lot 8, Morse Island Park, Section 22» Township 117, Range 23, according to the
United States Government Survey thereof.
Subject to the encumbrances, liens and intere,t noted by the memorial underwritten or endoued hereon; and subject to the
following rights or encumbrances 1ub1i1ting, as provided in the twenty-fourth section of "An act concerning the registration of land
and the title thereto" of the General laws of the State of Minnesota for the year 1905, and the amendments thereof, namely:
1. Li•na, dalma or righl1 ari1in9 under the Iowa Or the con1tltution of the United StatH, which the atah.ltH of 1h11 atate cannot requlre to appear of record.
2. Th• li.n of any r•al property tax or 1peclol aHHlment for which th• land hat not bHn sold at the date of the certificate of title.
3. Any l•aH for a period not exceedin9 three year1, when there h adual occupation of the preml1H under th• l,a,,,
4. All rl9h11 In public highway, upon the land.
5. Such rl9ht of app,al or right to appear and conteat th• application a, 11 allow,d by law.
6. The right, of any penon in po11H1lon under deed or contract for deed from the owner of the ctrliflcate of titl•.
7, Any ouhtandlng mec::hanlu ll•n rl9ht1 which may exl,t under Hdlont 514.01 to 514.17,
DOCUMENT
NUMBER
2-11~111
That the said Samuel A, McCloud is of the age of 42 yeara, is unmarried and is under no disability,
KIND OF
INSTRUMENT
--· -~
''
IN WITNESS WHEREOF, I have hereunto ,ubmibed my nome ind 1flixed the 1eol of my office
thi, Eighth day of April 1985
R. Dan Carlson
Regl1tr1r of Titles,
MEMORIAL
In ind for the Cm:nnepin and St1te of Mlnne1ot1.
By 1 ( 111 d:t:; ,--===::
DEPUTY
, EASEMENTS OR CHARGES "ON THE LAND DESCRIBED IN THE CERTIFICATE OF TITLE HERETO ATTACHED
1Nf.:,,T~1111°lNT OATI OF REGISTRATION
Month Davi Yur Month D•vl Yur Hou-;--
" ' -~O ,qqn /l L ,qqo q
V u
-
AMOUNT RUNNING IN FAVOR OF
~ .:J~ ~, .a,..,,.,
~_7_!:_~t II,. MAI
, --u
&IGNATURE Of
DEPUTY REGISTRAR
'771/• I ;✓ :
I
Ill OVER
COUNTY OF HENNEPiN
STI\TE OF MINNESOTA
THIS IS A C_O)',/etno.N-OF THE
REGIST_~-A$:l Q'.f.fi/(,WITI-IIN
cEF1Jlr.1-cArr.;r>1>.,mLE·0N
F:L[ 1N -rHE OFFICE OfJHE
REGISTR R OF.TITLES•AS OF
TH~ , ,~n)!=: 19 U
OF J LES-
Transfer from No, 456304
A, D, 1922
~ 457005
DISTRICT COURT NC? 2248
Originalcy registered the 20th dey of April
Volume 74 Page 23899
l&I tll~1'\WAil'l@W
N! 457
STATE 0 '1\IINNESOTA,} ~
COIJNTY o'IIENNEPIN .-~ -:::.--
1~),Ej,./t;:,t-etl#, .dd Victoria Nelson Arneson residing at 3740 Minnehaha in the
City of Minneap::ilis, County of Hennepin and State of Minnesota
is ./U•a,_./1/e,,,,oevnet ¥',.a?V,e,J/a/4; ,k.a,i/: _;..",v~,;.d~irytd-
r/'and.-t-~vl/4#~o//4ei~¢,4wu:/,-<1tktr;../d,in.-/l/e-~wyA"J-/ /t'~ -andf/'/a/e--_p/CJJ"tin~,h,a,i/:
That part of Government lot 3, in Section 22, Township 117, Range 23, which lies South of the Westercy extension of the
Northerly line of lot 8, l,brse Island Park, according to the United States Government Survey thereof.
llt lflllt&.5: fffllif!li~<Jf:'J /4,,e-~J.e«,nk-_,,~«/,.,,v,y,na,me--~,a/µ,,A'e,,,;-/
~'':Y--'#,,_,l';{,j Ninth ,,/4.yA/ September ..,/,P 70
Ben K, Allison
~/iav~&;:;-d.,,
JJ...a-,u/_/h,.,/;f,,<f.-,.;7-7~~,a,,,,/~~9J1,;,~
.J.."'T.a. ·.a~ ~ ,.DEPUTY --EMO,U,ff A... By {i;:~7'-r
OF£STATES.£ASEftfENTSOR CHARGESONTHEMNDDESCRIBED INTHB CERT/Fl AT.
SEE OVER
cb
KIND OF
INSTRUMENr
DATE OF RE:GISTRA TION
1",0f'lrH DAY YE"AR MONTH OAY Y£.IIR AMOUNT
J
SE£ OVER
COUNTY OF HENNEPIN ~~~
STf\TE OF MINNESOTA
THIS IS A CONDITION OF THE
F<EGlS"ifJ/ ASTQ "f.HEWI-THIN
CU?TIFl<;,~T,E,OF TITLE or{
FILE IN THE OFFICE OF THE
REGISTRAR OF.· TITLES AS OF c; /
THE a-, ff~ ~o/J~
~~GISTRM,~ <
DE UTY· · •
IG7005 CONTINU£0
KmDDF AMOUNT FAVOR OF SIGNATURE OF REGISTRAR
M
~~
/!1_:,,_ir ~ /J1i ,;
Lett 'JC 10 'fr,
---+----+-----il--------+------t------i----Jl------------+----------ll
---+------ll--------1----
------11------ll------1-----·----+---t--~------11----------------l-------------ll
lf--··---,U-------11-----+------t--t--+----+-------------1-----------ll
11-------lf--------ll-------al----------t-----t---lt----➔-------------+------------11
11-------lf--------ll-------al------·--t---t-----tf----+--------------l------------ll
'y i·
\! r:
I ,,
,.
LAMBERT & BOEDER
JEFFREY W. LAMBERT
LEER. BISSONETTE
ATroRNEYS AT LAW
1000 SUPEPJOR BOULEVARD
WAYZATA, M INNESOfA 55391
(612) 475-3435
ThLECOPIER (612) 475-0301
KELLEY R . LoRlX
SHrRLEY QUAL
M ARY F. LAVERD URE BRUCE A. BOEDER
B ARBA RA Z IEGLER AsHLEY APR 2 2 1991
OF COUNSEL
BECKY SKINNER TOEVS
CARTER DELAITTRE
Mr. Fred Bruntjen
Big Island Properties
P.O. Box ,584
Excelsior. MN 55331
Mrs. Victoria Nelson Arneson
3115 Cedar Ave. S.
Minneapolis. MN 55407
Re: Samuel A. Mccloud
April 19, 1991
Division of Land for Tax Purposes
Dear Mr. Bruntjen and Mrs. Arneson:
SAMUEL L. STERN*
CORRINE 0 . LYNCH
*ALSO ADMITTED IN CALIFORNIA
Our law office represents Samuel A. Mccloud. who is the
owner of real property on Big Island, Lake Minnetonka. and
legally described as Lots 9. 10 and 11. Morse Island Park. For
the purposes of this letter. I will refer to this property as
Parcel 1. In addition. Mr. Mccloud also is the owner of a
parcel of land located immediately west of Lots 9. 10 and 11.
and legally described as:
That part of Government Lot 3. lying south of the most
southerly line of Tract B. Registered Land Survey No.
1294 and north of the westerly extension of the
northerly line of Lot a. Morse Island Park. Section
22. Township 117. Range 23. according to the United
States Government Survey thereof.
For the purposes of this letter. I will refer to this
additional property as Parcel 2. I have enclosed a copy of a
survey that was originally prepared for Eugene Nelson which
shows the location of both Parcell and Parcel 2.
In examining the real estate records in the office of the
Hennepin County Registrar of Titles. I have learned that Mrs.
Arneson is the fee owner of the narrow strip of property
located directly south of Parcel 2. I will refer to this
property as Parcel 3. In addition. the records also indicate
that Mr. Bruntjen. in his affiliation with Big Island
Properties. is a contract for deed vendee on Parcel 3. I have
enclosed herewith a copy of a condition of title for
Certificate of Title No. 457005. which shows your respective
ownership interests in Parcel 3. The location of Parcel 3 is
also indicated on the enclosed survey.
Despite the fact that Mr. Mccloud owns Parcel 2. and the
two of you own the legal and equitable title to Parcel 3.
Parcels 2 and 3 are still combined for tax purposes according
to the Hennepin County Tax Rolls and are both included on Mr.
McCloud 1 s tax statement. In essence. Mr. Mccloud has been
paying real estate taxes for both Parcels 2 and 3 for the last
six years even though he does not own Parcel 3.
Mr. Mccloud has been contacted by the City of Orono and has
been directed to finalize the division of Parcels 2 and 3 for
tax purposes so that this matter may be resolved. Evidently.
the process to divide these parcels was commenced many years
ago but was n e ve r co mp l e t e d . The City has further informed Mr.
Mccloud that both of you must Join in the same application
procedure to complete this division. I have enclosed herewith
an application form for each of you to sign and return to my
office. Upon receipt of each of your fully exec~ted
applications. I will file them along with Mr. McCloud's with
the City of Orono. Accordingly. I would appreciate it if each
of you would return the enclosed application to my office in
the self-addressed stamped envelope enclosed herewith as soon
as possible so that we may abide by the City's direction to
finalize this matter.
If you have any questions or need further information,
please feel free to contact me at any time.
CD/lag
Enclosure
cc: Sam Mccloud
• Mike Gaffro Assistant
Very truly yours,
LAMBERT & BOEDER
f ocJ,,__ [) J,:,11;;-
Carter DeLaittre
Zoning..)i' Planning Administrator.
City ,'f Orono
;ff JlPlRI
CITY OF ORONO -SUBDIVISION APPLICATION r ;i Ii~ ,n ----.. -------------------------------------m-~~-----~~--~-,i: J '11:r""c~ i~t~ PROPERTY LOCATION
c;1 ~~~, _ .. , .. ·,· .. ?J ¾i~./V 11,,.;:·/.-.... ,
Site Address Strip of land adjac en t t o B j<J IsJaud Rec o rd Jots 122 -□a 16
~ Property Identification Number ( P. I. D.) 22 -1 J 7-23-4 ) 0001
Please check one -Property __ abstract or __x_ t o rrens?
Attach legal description to application.
--------------------------------------------------------------------~··-··:;,;,,,.--.;.;:--7,,-;-
APPLICANT . b Phone (home) 533 -9621 iJ:iikY8&f u,-n.i..-C Samuel A. Mccloud, to be joined in v ,.-,.; n::;..; -~,.:::,·, ,-1,.-1
Victoria Ne lson Arneson a nd ,'Ut:r·k" v.1 ¥t-" 'i:,l::;:!t;>.}\ Name ~ 2. l _00 :\""-,1L~•n ,l.. '-~!v11vv B i g rs·la nd Prgr519r:t;iec, c /o F re d Rrunr:;en ~·.&..:.u .... ~ n -_ .. _,. .... · . .t... J v l.,; ...... -··-.--··-· -·:;_.:.!i-.ik" ·1:-.-r,n
nL.!...·!... J. ! 1 I J l MltJ\ ! \..'!-'
Address: 5101 Highway 55 City: Minneapolis ;;:::==J,i -!');: ~~iJY D CJ)l N[Ji.~.~i$.~i~
-·--·~-·--------------~-------·------.. ---=•·-NJ "°'"'"". -----------------------------------------
OWNER (if different than applicant) Phone (home) ----------
See above and attached conditions of
Name
Add±ess:
(attach list if more than one)
EXISTING LAND USE
Number of Tax Parcels 1 ---------
Developz_nent Size
.19
Present Use (check)
X
RS
Phone (work) ----------
City: Zip: ---------------
Acres Dry Land
Acres Wet Land
Acres Total, all pare-el.-s -----
Residential; no. of units . ..,....--,--...-----0th er (specify) Sea sonal resid e ntial
Present Zoning District -----------
PROPOSAL X Division for Tax Purposes
Lot Line Rearrangement Only (no new building sites)
Subdivision for New Building Sites
Number of Building Sites:
Proposed Gross Density:
Minimum Lot Size:
Proposed Use: (check)
Existing Units
New Units
Total Units
Units per __ Acres
Sq Feet Dry Buildable Land
Residential
Other (specify) ______ _
if:: 1~ "'""' fi,,""'"~ A• }': :~;: i-'•.hl" "-•••?~, "~:' ~J
MINIMUM MATERIAL NECESSARY FOR COMPrz.rif. P,REL~~~hI~N
1. Completed Application Form 1: E
.l
2. Preliminary Plat information on Certificate of Survey.
3. Certified Property Owners List of owners within 350' (you must obtain
4.
this list from Hennepin County Department cf.Finance A-603 Govt Center
348-3271).
As an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
Certification by Zoning Department that Preliminary Plat Application is
complete.
Zoni~g Of=icial's Signature ---------------Date ------------------------------------------------------------------------------------~
.l.. Pa;7ment of fees (park fees, filing fee, sewer and water assessments).
2. Signed cert::.ificat::.e of survey or my.::i..a:c c:op:..es oi :Eo::::::,c..:.. _;:.-.... i=.::.
3. Title opinion.
4. Easements, Covenants, etc.
5. Developers Agreement and Letter of Credit.
Certification by Zoning Depar-...ment that Final Plat Application is complete.
Zoning Official's Signature_______________ Date ________ _
FEES
><
Sketch Plan Review (Class I, II & III)
Subdivision of a Lot Line Rearrangement
$150. 00
250.00
Preliminary Review (Class I & II Subdivision) 250.00
Preliminary Review (Class III and all non-residential) 300.00 +
20.00/Lot
Final Plat Review (Class III) 150.00*
*(Plus any legal or engineering charges)
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, City Engineer, City Attorney,
Planning Commission and Council necessary to process this application and :::::::n:~:e::~:t::: aU addit~wishe:::e or;;::e;q(
Owner's Signature Date
Samuel A. Mccloud
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. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council. If an applicant is
unable to attend a scheduled meeting, please make arrangements to have an
authorized agent attend in your place and to advise the Building & Zoning
Office of this change prior to the meeting.
,.
f ,,. ,,
.MINI.MOM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION
1. Completed Application Form
2. Preliminary Plat information on Certificate of survey.
3. Certified Property Owners List of owners within 350' (you must obtain
this list from Hennepin County Department of.Finance A-603 Govt Center
348-3271).
4. As an addendum to this application, please attach a separate list o=
any other persons you wish notified of this application.
Certification by Zoning Department that Preliminary Plat Application is
complete.
Zoning Official's Signature_______________ Date _______ _
' ". ~~ ·-·--.._._._
2. Signed certificate of survey or mylar copies of formal plat.
3. Title opinion.
4. Easements, Covenants, etc.
5. Developers Agreement and Letter of Credit.
Certification by Zoning Department that Final Plat Application is complete.
Zoning Official's Signature_______________ Date _______ _
PEES
Sketch Plan Review (Class I, II & III)
>< Subdivision of a Lot Line Rearrangement
Preliminary Review (Class I & II Subdivision)
Preliminary Review (Class III and all non-residential)
$150.00
250.00
250.00
300.00 +
20.00/Lot
Final Plat Review (Class III) 150.00*
*(Plus any legal or engineering charges)
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, City Engineer, City Attorney,
Planning Commission and Council necessary to process this application and
further agrees to pay all additional fees established by ordinance.
Applicant's Signatur~ (/~~~
0
/ ,_vict~ria ~eson
owner's Signature U~ ~ «~
Date if~ /o, 19V
DatdA(o/ /~I /,9;J
Victoria Nelson Arneson
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. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council. If an applicant is
unable to attend a scheduled meeting, please make arrangements to have an
authorized agent attend in your place and to advise the Building & Zoning
Office of this change prior to the meeti~g.
~ i l ""'~ '\
f --:"t
MnlIMOM MATERIAL NECESSARY FOR COMPLftE PREL.I.MIHARY APPLICATION
1. Completed Application Form
2. Preliminary Plat information on Certificate of Survey.
3 • Certi'f i ed Property owners Li st of owners within 3 5 0' ( you must · obtain
this list from Hennepin County Department of.Finance A-603 Govt Center
348-3271).
4. As an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
Certification by Zoning Department that Preliminary Plat Application is
complete.
Zoning Official's Signature_______________ Date _______ _
.-:· .' '":' .• ..--
2. Signed certificate of survey or mylar copies of formal plat.
3. Title opinion.
4. Easements, Covenants, etc.
5. Developers Agreement and Letter of Credit.
Certification by Zoning Department that Final Plat Application is complete.
Zonir:7 Official's Signature_______________ Date _______ _
FEES
Sketch Plan Review (Class I, II & III)
x Subdivision of a Lot Line Rearrangement
Preliminary Review (Class I & II Subdivision)
Preliminary Review (Class III and all non-residential)
Final Plat Review (Class III)
*(Plus any legal or engineering charges)
$150.00
250.00
250.00
300.00 +
20.00/Lot
150.00*
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, City Engineer, City Attorney,
Planning Commission and Council necessary to process this application and
further agrees to pay all additional fees established by ordinance.
Date
Date
Fred Brun n
Applicant must have all su ttals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council. If an applicant is
unable to attend a scheduled meeting, please make arrangements to have an
authorized agent attend in your place and to advise the Building & Zoning
Office of this change prior to the meeting.
II
,I--
II
RUN DATE 06/13/91
BATCH 002
PROP ADDR
OWNER NAME ·
TAXPAYER
f;IAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PRQP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME.
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWN_ER·NAME
TAXPAYER
NAME/ADDR
38 22~117-23 14 0003
00038 ADDRESS UNASSIGNED
HENN CTY PARK.RES DIST
HENN CO PA~K RESERVE DIS
PO BOX 296
MAPLE PLAIN MN 55359
38 23-117-23 23 0028
00038 ADDRESS UNASSIGNED
GEORGIA RUUD ET AL
GEORGIA RUDD ,
8420 EDEN PRAIRIE RD
EDEN PRAIRIE MN ·55344
38 23,-117-23 32 0010
00038 ADDRESS UNASSIGNED
VICTORIA NELSON
BIG ISLAND PROPERTIES
5353 GAMBLE DR SUITE 106
MPLS MN 55416
38 23-117-23 32 0013
00038 ADDRESS UNASSIGNED
SAMUEL A MC CLOUD
SAMUEL A MC CLOUD
LAW OFFICE
5101 HIGHHAY 55
MPLS MN 55422
38 23-117-23 32 0018
00038. 'ADDRESS UNASSIGNED
T & P HANNA
TED R HANNA. .
14115 KNOLLHAY DRS
MINNET9NKA MN 55343
38 23-117-23 32 0044
00038 ADDRESS UNASSIGNED
VIVIAN J NELSON ETAL
VIVIANJ NELSON
6009 H 34TH ST
MPLS MN 55416
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OHNERS LIST
38 22-117-23 ,41 0001
00038 ADDRESS UNASSIGNED
EUGENE A NELSON
SAMUEL A MC CLOUD
LAH OFFICE
5101 HIGHHAY 55 .
MPLS MN 55422
38 23-117-23 32 0001
00038 ADDRESS UNASSIGNED
CAROLINE C ECK
MRS HR NELSON
3115 CEDAR AVE SO AP"( 3
MPLS MN 55407
38 23-117-23 32 0011
00038 ADDRESS UNASSIGNED
VICTORIA NELSON . .
BIG ISLAND PROPERTIES
5353 GAMBLE DR SUITE 106
MPLS MN 55416
38 23-117-23 32 0014
00038 ADDRESS UNASSIGNED
SAMUEL A MC CLOUD
SAMUE.L A MC CLOUD
!-AH OFFICE
5101 HIGHHAY 55
MPLS,MN. 55422
38 23-117-23 32 0019
00038 ADDRESS UNASSIGNED
EUGENE A NELSON
EUGENE A NELSON
2115 E 36 1/2 ST
·MPLS MN 55407
38 23-117-23 3.2 0062
00038 ADDRESS UNASSIGNED
J & C PANOZZO
JOHN PANOZZO
STAR RT BOX 9595 '
BRAINERD MN 56401
REPORT NO. PI43540l
PAGE 4
38 23-117-23 23 0003
00038 ADDRESS UNASSIGNED
FRED A BRUNTJEN
FRED A BRUNTJEN
MGT SALES & PROPERTIES
5353 GAMBLE' DR STE 106
MPLS·MN 55416
38 23-117-23 32 0002
00038 ADDRESS UNASSIGNED·
'GERTRUDE V NELSON
BIG ISLAND PROPERTIES
5353 GAMBLE DR SUITE 106
MPLS MN 55416
38 23-117-23 32 0012
00038 ADDRESS UNASSIGNED
VICTORIA NELSON
BIG ISLAND PROPERTIES
5353 GAMBLE DR SUITE 106
MPLS MN 55416
38 23-117-23 32 0015
00038 ADDRESS UNASSIGNED
SAMUEL A MC CLOUD
SAMUEL A MC CLOUD ·
LAHN OFFICE
5101 HIGHHAY 55
MPLS MN 55422
38 23-117-23 32 0020
00038 ADDRESS UNASSIGNED
FRED A BRUNTJEN
FRED A.BRUNTJEN
MGT SALES &.PROPERTIES
5353 GAMBLE DR STE 106.
MPLS MN. 55416
38 23-117-23 32 0070
00038 ADDRESS UNASSIGNED
HESTAR PROPERTIES INC
WESTAR PROPERTIES INC
641 E LAKE ST
HAYZATA MN 55391
~~
-
--
RUN DATE 06/13/91
BATCH 002
PROP.ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 23-117-23 32 0071
00038 ADDRESS UNASSIGNED
ROBERT M MCAULIFFE ET AL
H L & PA THORKELSON
4851 DAWNVIEH TER
GOLDEN VALLEY MN 55422
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401
' PROPERTY OWNERS LIST . PAGE 5
TOTAL BATCH 002 00019
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF MY KNOWLEDGE AND BELIEF. . . . · • · -OF. THE HENNEPIN C. OUNTY DEPARTMENT 0. F PR1eP RTY T~THf . BEST
. DATE<o-t q ~ lq~, BY . . ~ . . • . .
----~-~
\
HC 1010 CERTIFICATE OF TITLE N~ 662019
Srm II IINCOTA.
COIIIIY III HD111111.
This Is lo certify th•t
Transfer from No, 457006
A.O. 1922
No. 662019
OIITRICT COURT No,h) 2248
Originally registered tha 20th day of April
Volume 74 Pas• 23899
REGISTRATION
Samuel A, Mccloud, of 4529 Zane Avenue North, City of Crystal, County of Hennepin, State of Minnuota
h now the ownor(s) of •n estate In fee simple of and in tho following described land situated In the County of Hennepin and
State of Minnasot1, to wit:
That part of Government Lot 3 lying South of the most Southerly line of Tract 8 1 Jlegbtered Lartd Survey No, 1294 and North
of the Wuterly extension of the Northerly line of Lot 8, Horse Island Park, Section 22, Township 117, ltang• 23, accordin& to the
United States Government Survey thereof,
Subject to 1h1 encumbrances, lien, ind interest noted by the memorial underwritten or endoned hereon; ind subject to the
following right, or encumbrances 1ub1l1ting, 11 provided In the twenty-fourth section of "An act concerning the r1gi1tration of land
•nd tho title thereto" of tho General laws of tho State of Minnesol• for the you 1905, ind tho omondmonh thereof, namely:
1. LIH1, clolM1 a, rlghh orl1ln11 und.r tM law, Or the con,tltutlon of lh• Unlt•d Stal••• which the 1lah1t" of thl, 1taf• cannot r•qul,-to appear •f tK01d.
2. Th• 11.n •I •ny real ptofMrtY taa or 1poclal auenm•nl for which lh• land ha• nol bHn 1old al tho dale of tho urllncato of Ullo.
J, Any ,_ .. fet ■ period not ucH,Un1 lhNo yoan, wMn ther• I• achtol occupation of tho pr•mltH undor th• lea••·
◄. All rl1ht1 In '4,lbllc hlohwoy1 ..,,.. the lull.
S, Such right ef oppHI or right to appear and contotl tho oppllcallon 01 It allowed by low.
•· the d1hh ., any pera.tt In po, .. ulon under daatl or conlrad for dHd from tho owner of Iha urtlRcalo of lltlo.
7. Any .uhtarullna mochanlo llu rlthtt whkh 1nay oal1t under Hctlont 514.01 to 51 ◄,17,
that the said Samuel A. McCloud ii of the age of 42 years. is unmarried and 1a under no disability.
IN WITNESS WHEREOF, I hive hereunto submlbed my name ind 1lllxod tho sul of my office
l..llS'II
cjf 1\Y
this Eighth day of April 1985
l. Dan C■rhon
. IIQNA.TUIII OF
DEPUTY fllQIITJIAfl
HI OYIJI
.... :
N! 457
Original!¥ registered the 20th day of April
A, D, 1922 Volume 74 Page 23899
iii tml'f ~'ll'l@W ST.\TE ., ~hNNESOTA,} ---;-
CoUNTY •'llENNEPIN: ~ -;,,,_
(ff-k,j/j,/tJJ-Clffiy,--d,I Victoria Nelson Arneson residing at 3740 Minnehaha in the
City of Minneapolis, County of Hennepin and State of Minnesota
is_,,,,,,, /lk-,,orNteI ,y,a,,1,,e.J,k,/4; ,1,,-,a,el: ~;.Jl.,,.;,;,y,d _
-~l~,,,d~;,,,1&,,;11~,w':?'4<'.Jblil'd/4,u/,.,;,/«a/d,m,J/k, ~.,_4 $~ .and9khAJ/'97iin?teJtJtia{k,a,i/:
The.t part of Government Wt 3, in Section 22, Township 117, Range 23, which lies South of the Westerly extension of the
Northerly line of Lot 8, Muse Island Park, according to the United States Government Survey thereof.
5t:f cc/ /r, ,,,¢;, ,( ;,,,,~,,,//,,,,,,,.), ,' ti:,, ,<,J .a,,,1,~;,,,..,,,,:,:,/ 11e,/ul/y ./IC,,,,-,,e,n,,:,J,a/,,,,,,&.1au'//4-,,,.Qt,,(:,,~~-/4,1e,m✓;
(f~1</;,J(:(}ee//,,j,{;,jl✓t;u,e,:7 ,lo/k/4,ri,,,,,,;lt:{, ,,,l'i.u,,,-,,,1,,Je,l/;,;;1.;',?, «Ji4 /.Qv~,_;,,,1~,4,,,,,,,7~1/lt..,,,,/,e,,,,o/
~¼•: ..,,,,hr,,,,,, :,u;,y,de,.1ey,j:1,u./<rm·,:://!vnd,a,,ut,//',,,,,,,,.~,:,/e,✓~1-e#~M"e-<&e,,-unat'Aw,Mj'✓Jk.Wak,¥7
1/lome.JtJ/t',,fa t .,f/t,;,,ye.a-t,.,/,9/h, ,a11,£,/fi,e,.amrn,./,11n14../Jf,,UD/,-11am~:
./ 5/?,;.,,,,,,,C,,;,,,_,,,,-uj,M.a/,:,,;,!l'_,,"'&v,,,../;;,._,tfl,,..M>t-J,f,,,,-,,-,,.;/d«/,i,,,-.tJj',I&-'t✓,,,tu/Eila/M,,,,,,fillf,,,,//k,,J/ak,ha,
-<y-/1/(J J/u-ll.,,. ,.au ,u,/ll}'l,al':l&.-l'tJ'.-a/yu:ai-4,:/u.Qi~
2-c,/,'!l /u.u;,l J~,.,,;/t;a.,,,,.,Jmml/Jt,,w/4-ui',_a,,aa,1,,¥,lk/4,u//4,,,,,m,/ ,k,z,/4,;p,,d.//4,,/4te,-AJ/.-l/l,,,,ceW~..o/,.1'ille<
,'i rr:/2, '/_ b ...... ~,.,fif:.a· ftciU'd dif>-F. l'f.cr1u/4~1ff•.,,//tl1v::11,r_a-,4 re-A'e1t,-J~J,x~.n,,,/u,a~,11~/lll#:U1t-~fA'~~b;~,n.~f-#;~,,.///.e,,,,4,aJtY. ~ o:ll't'_.fu/.c,;,,,A'!?ht""-,y<)-""'/.1,w.d.,rv-.lA:.-,,,-/ra,,ly'lfim,,y'✓l/uk,,&im,.IJ~,,_,,/l/l,,,,c,:J./1/<MkJ..,l/«/Z,/le,..ae,,,,,d,m-,k,
.u:rhu4,b: .
J,7!F~,,1i'1..1f~ ... (!v/yuxd,p'J,,,//r1f1.,~_ ... .-/,~t.'(Z:l• a,ulrl'JJl/4',)/,.lh-;,o/0.tfra/U,;,,,_oJ, ,;,_,.,~l-'11:l'tfi'~---&.,,>,' .
(i.;)',fr ''!?ll.l.J ,fla1',Yy'telJ<•11 ,, i, }<•JJeJJ1tw.umle1, d,,,-,I <'I .e.cn/lacl j'w .elee,J ;fr,w,/,uo<<ti,u-t,,.t,J' ./A'e,eewy/'c(i/&-e/'.k//;,
EiJ';✓,/,..//u:,,,dtU/b Victoria Nelson Arneson is of the age of 58 years, is unmarried and is under no disability.
~~-,~'¾
SEE OV£R
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Ben K, Allison -~----·
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.£.,,.,,.,,£p,,/4,'lf_,,,-.,.-7~.....d'~.f.9l.1;...-
lUEIUOIHAL By (i/~;-?';P: 'O<PUTY
,EASBNENTSOR CJTARGBSON?Vl§_f.ANDDBSCRIBBD IN TIIB CETiTIFICATB OF 1JTLE HERETO ATTACHED,
DATE!: OF RE:01si·.:-n,,,_TION
. --~ ···----. -· ...... ____ , ________ _
$££ OV£R
COUNTY OF HENNEPIN "'~\
STATE OF MINNESOTA
THIS IS A CONDITION OF THE
REGISTER AS''f0 n-lf:Wl-tHIN
CrnTIFICAT.E 1'.)f TITLE ON;
FILE IN THE 6ri"tCEOF•TH£'. _
REG'.;,:tR onm~-~OF q / THE --~ ·--'1".L.,,?. RCGISTR;irl.$-
BY ~-~•< OE U 'f' •·· --·
t57.005
OOCU"'EN1 ,<IND OF"
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CONTIN/J/£0
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SIGN.ATVRE OF REGISTRA.1'
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1D SURVEYORS, INC.
3030 Harbor Lant No.
Plymouth MN ~&.C41
?hon!: (812) &~9-0908
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I hereby certify that this is a true and correct representation of a survey of
the bounJariu of the above described land and of the location of all buildings,
if any, thereon, and all visible encroachments, if any, from or on said land.
File No.
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CITY OF QRCtID
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CITY of ORONO
Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
Carter DeLaittre
% Lambert & Boeder
1000 Superior Blvd
Wayzata, MN 55391
On the North Shore of Lake Minnetonka
February 19, 1991
Re: Samual A. Mccloud -Big Island
Dear Mr. DeLaittre:
As we have discussed, this letter is to update you on the
incomplete status of our zoning file #889, a lot line
rearrangement subdivision request ~e Nelson and
Jay Smedberg for Big Island Records ~
Enclosed are various i terns of correspondence and Planning
Commission/Council meeting minutes from 1985.
The application is requesting City approval for a split of
the parcel of land, P.I.D. #22-117-23 41 0001, adjacent to Lots 6
thro?gh 11, Morse Island Park.
Apparently, in 1970, a torrens action resulted in dividing
this parcel into two deeded parcels, the division line being the
extension of the line between Lots 8 and 9. However, that
subdivision required City approval, which had never been applied
for nor granted.
In 1983, the City of Orono rezoned Big Island and defined
"record lots" which recognized historic patterns of use and
ownership, with the intent of keeping substandard, commonly owned
lots permanently in common ownership. Regarding Record Lots #16
and 22, former City Planner Alan Olson had a number of
conversations with the various members of the Nelson family, and
then determined appropriate combinations of parcels to create
record lots. In 1985, when Eugene Nelson was in the process of
selling R.L. f22 to Mccloud, it became clear that P.I.D. 22-117-
23 41 0001 existed in Hennepin County tax records as one parcel,
not ref 1 ecting the torrens action. Therefore, Ne 1 son and
Smedberg (then contract-for-deed owner of Record Lot tl6) applied
jointly for a lot line rearrangement/subdivision for tax purposes
to gain City approval of this split;
BUILDING & ZONING -473-7357
ASSESSING • ADMINISTRATION & FINANCE -473-7358
FAX -473-0510 • PUBLIC WORKS -473-7359
Carter Delaittre
February 19, 1991
Page 2 of 3
In reviewing the staff memos and Planning Commission/Council
minutes, I think you will find that Smedberg was less than
cooperative in allowing the subdivision to be completed. While
neither Planning Commission nor Council objected to the division,
Smedberg requested and was granted a tabling of the request for 6
months so he could "research his options" for use of his.
property. This attitude resulted from one caveat of the
subdivision resolution which would require tax combination of all
the parcels within each individual record lot. The application
was tabled on March 25, 1985 and has never been rescheduled for
action. Apparently, Nelson and Mccloud were able to close on
their transaction absent City subdivision approval, and none of
the involved parties have pushed for completion of this
application since that time.
I should note that Mr. Mccloud did return executed
"automatic lot area variance" resolutions to my office on July
26, 1985. Because the subdivision has never been finalized, the
automatic lot area variance forms have never been finalized,
which means that technically no permits can be issued for this
property until a lot area variance is granted and the subdivision
is resolved.
My recommendation to you is as follows:
1. As part of your after-the-fact variance request, you
should request City approval of the automatic lot area
variance resolution, which action was stalled out in 1985.
'2. Mr. Mccloud and the current owner of Record Lot 16
should jointly request reopening of the tabled subdivision
application #889, to be reviewed concurrently with the
variance request. For the record, Record Lot 16 also has
never been granted the automatic lot area variance.
Also, be aware that Municipal Zoning Code Section 10.31,
Subdivision 6 (B) disallows issuance of building permits until
the lots have been legally combined for tax purposes. Further,
Section 10.31, Subdivision 12 (D) requires that all seasonal
dwel 1 ings over 800 s.f. of floor area be provided with a fully
conforming on-site sewage treatment system. Issuance of an
after-the-fact permit for the room additions will be predicated
on these requirements being met.
..
CITY of ORONO
Post Office Box 66•Crystal Bay, Minnesota 55323 • Municipal Offices
On the North Shore of Lake Minnetonka
Samuel A. McCloud
Attorney at Law
533 West Parkdale Plaza
1660 South Highway 100
Minneapolis, MN 55415
March 27, 1985
Re: Big Island Property (Record Lot #22)
Dear Mr. Mccloud:
This letter is to update you on the action taken by the
Planning Commission and City Counci 1 regarding the subdivision
for tax purposes of the lakeshore strip of property currently
under P.I.D. No. 22-117-23 41 0001 and which was torrensed as two
separate parcels some years ago.
The PlannincJ Commission first reviewed the application on
February 19, 1985. The staff recommendation to the Commission
was approval of the subdivision subject to combination of the
appropriate parcels per the record lot designations described ·in
the zoning code. Mr. Smedberg, who was present, objected to the
combination requirement. The Planning Commission tabled the item
pending further discussions between staff and the affected pio-
perty owners.
In the ensuing discussions, Smedberg gave the impression he
was mainly concerned with his buildability rights if the property
he is buying was one record lot instead of two, and he would
prefer that Lot C, to the rear, be a separate record lot. He was
informed that under the zoning code if he owns the contiguous
properties, they would be considered in total as one record lot,
hence his rights are not negotiable and are spelled out clearly
in the code. ·
In order to facilitate your anticipated closing, this item
was again brought to the Planning Commission on March 18, with an
outline of the code regulations on Record Lots on Big Island.
Planning Commission voted 6-0 to recommend approval of the
division subject to combination of the northerly strip with your
Lots 9-10-11 and the southerly strip with Smedbergs Lots 6-7-8.
It is a standard policy of the Planning Commission and Council
when creating small unbuildable parcels as part of a metes-and-
bounds division, to require the resulting parcels to be combined
with the appropriate adjacent parcels.
BUILDING & ZONING -473-7357
ASSESSING
• ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473 -7359
Samuel A. Mccloud
March 27, 1985
Page 2
Again, in order to accommodate your closing, this applica-
tion was brought directly to the Council at their next scheduled
meeting on March 25. Staff recommended approval per the Planning
Commission recommendation. At this meeting, Smedberg stated his
objections to any combination stipulation at this time, feeling
he was being pressured by the City to complete an action he
should be given the appropriate 6-month period to consider.
Staff suggested to Council that the division for tax purposes
could be approved without the combination provisions at this
time, and the 6-month consideration period be granted to each
record lot owner as a separate issue. Council voted 2-1 to table
the application in order to allow Smedberg the 6-month period to
consider whether he would acknowledge the record lot designation,
and then take action on the subdivision and record lot acknow-
ledgements all at once.
I have been requested by Judy Frommes to formally indicate
to you that you have the right to reconstruct or replace your
existing cabin. It is my understanding that you are willing to
acknowledge that your Record Lot #22 consists of Lots 9-10-11 and
the lakeshore strip and will agree to the combination of these
parcels and agr1;;·e to the filing of the automatic lot area
variance resolution in the chain of title.
If you do execute these documents, in return the City wi 11
grant you the automatic lot area variance, which effectively
grants you the rights per Section 10.31, Subdivision 6 (F) (copy
attached). Note that the listing for Record Lot #22 includes
P.I.D. No. 23-117-23 32 0019, which is Lot #15, Morse Island
Park, and which former City Planner Alan Olson stated would
become separate Record Lot No. #70. This is still agreeable to
the City, but has not been officially changed in the code because
Mr. Nelson has never returned the paperwork.
I will shortly be forwarding to you copies of the lot
combination request form and the lot are 9 variance resolution for
your review, signature, and return. Please contact me if you
have further questions.
Sincerely, . ~.· // .. /) ·\ / ./1'1 · / () ~ ~, .L '<,·-< "---(/ I ✓ J /
Michael P. Gaffron,
Assistant Zoning Administrator
Enclosure
Record
-Lot No.
4)
5)
6)
7)
Location
Big Island
Big Island
Big Island
Deering Island
Tax Parcels in
Common Ownershie
22-117-23 13 0001
0005
22-117-23 42 0001
22-117-23 14 0002
22-117-23 31 0001
18-117-23 31 0001
Combined
Dry Acre.
§ 10. 31
Exist.
Use
19. 8 SR
9.0
6.3
CUP
SD
F. Substandard -Buildable Record Lot Inventory.
The following record lots are hereby established, each of which is
determined to have a dry-buildable lot area of less than 5.0 acres
per owner, which lot area is substandard pursuant to the minimum
lot area requirements of this Subdivision. However, based upon
individual lot surveys and existing lot development patterns, the
record lots listed herein are hereby granted lot area variances and
are recognized by the Council as buildable lots. Each of the
following record lots may be used for one-family seasonal
recreational use or for a single permitted seasonal dwelling which
may be either the existing dwelling, a replacement dwelling, or if
vacant, a new dwelling, without further Council action or review,
subject to strict compliance with all setback, hardcover, on-site
sewage treatment and other performance standards for development in
the "RS" District, including tax parcel combination pursuant to
Subparagraph B of this Subdivision. Record lots are identified by
Record Lot Number, and each includes all property identified
thereafter by the listed tax parcel property identification
numbers. "SD" means permitted Seasonal Dwelling; "SR" means
permitted Seasonal Recreational Use without structures; "CUP" means
Conditional Use Permit:
Record Tax Parcels in Combined Exist.
Lot No. Location Common Ownershie Dry Acre. Use
8) Big Island 23-117-23 23 0001
23 0002 4.3 SR
9) Big Island 22-117-23 24 0006
24 0008 3.7 SD
10) Big Island 23-117-23 22 0002 3.6 SD
11) Mahpiyata Is. 22-117-23 13 0002 3.4 SD
12) Big Island 22-117-23 42 0019 3.1 SD
13) Big Island 22-117-23 24 0009 3.1 SR
ORONO CC 317 (4-1-84)
§ 10.31
Record Tax Parcels in Combined Exist.
Lot No. Location Common Ownershie Dry Acre. Use
14) Big Island 22-117-23 42 0001 2.7 SR
15) Big Island 23-117-23 32 0028
0029
0046
0047
0048
0049 2.5 SD
16) Big Island 23-117-23 32 0001
0002
0013
0014
0015
0044 2.2 SD
17) Big Island 23-117-23 32 0030
0031
Q032
0033
0041 2.0 SD
18) Big Island 23-117-23 22 0018 1.8 SD
19) Big Island 22-117-23 42 0004
0009
0010
0011
0012
0013
0014
0015
0016
0017
0018 1. 7 SR
20) Big Island 23-117-23 32 0042
0053 1.5 SD
21) Big Island 22-117-23 31 0002 1.4. SR
~~H' Wm ;l!li,itiffl ,., 111;;:ew 41:ta..~
22) Big Island 22-117-23 41 0001
23-117-23 32 0013
0014
0015
~ 1.3 SD
23) Big Island 23-117-23 22 0008
0016 1.2 SD
ORONO CC 318 (4-1-84)
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MI NU'l'ES OF 'l'll E OHOIW COUNCJ J. HI-:ETJ NG llELD Hl\HCll 2 5, l 9 !3 5. P .l\GE 5
~EUGENE NELSON
~ISLAND RECORD LOTS
16 AND 22 -FINAL SUBD
RESOLUTION Jay T. Smedberg was present. Assistant Zoning
Administrator Gaffron noted that the Big Island Ordinance
does have some inconsistencies. Gaffron noted that
Smedberg recently purchased the properties owned by Eugene
Nelson. Gaffron noted that this was a division for tax
purposes.
Jay Smedberg asked for extra time to speculate on his options
for the property in guestion.
Council.member L. Adams f e lt that the Council could act on the
application and still allow time for Smedberg to speculate on
his options.
Council.member Grabek stated that Smedberg's options are
limited anyway in that the entire property; when in common
ownership, can only be one record lot.
Council.member Grabek moved, Acting Mayor Frahm seconded, to
table the application for 6 months to allow the applicant
ample time to seek his options for the properties in question
and further directed staff to amend the ordinance to
eliminate errors before this item is placed on the agenda.
1-'io:.ion, Ayes ( 2), Nays ( 1) .
Council.member L. Adams voted nay. Adams felt that the
division for tax purposes could be acted o~ tonight.
RESOLUTION #1741
ACCEPT BIDS CRYSTAL
BAY SEWER PROJECT City Engineer Cook reviewed with the Council the bids received
for the Crystal Bay Sewer Project. Cook noted the lowest bid
was from ARI in the amount of $691,587.65. Cook noted that
the City has worked with ARI and has received satisfactory
work from ARI. Cook noted the resolution for Council's
action in which the Council would accept the bidi but not
award the project.
Council.member Grabek
seGonded, to approve
Accepting Bids for the
awarding the project.
SET ASSESSMENT PROCEDURES
CRYSTAL BAY SEWER PROJECT
moved, Council.member L .. Adams
Resolution #1741, A Resolution
Crystal Bay Sewer Project but not
Motion, Ayes (3), Nays (0).
City Engineer Cook asked for Council's opinion on what
information and what assessment procedure the City should
notify the Crystal Bay residents and general tax payers of
Orono. Cook explained that if Council decided on a 50/50
assessment with front lateral charges according to lot sizes
the following would be a per unit cost:
for a 50' lot the assessment would be $7,419.20/unit
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _______ _
A RESOLUTION APPROVING
A METES AND BOUNDS
CLASS I SUBDIVISION
FOR EUGENE A. NELSON
FILE 889
WHEREAS, the City of Orono is a municipal corporation
organized and e x isting under the laws of the State of Minnesota;
and
WHEREAS, the City Council of the City of Orono has
adopted subdivision regulations for the orderly, economic and
safe development of land within the City; and
WHEREAS, the City Council has considered the
application for a subdivision by Eugene A. Nelson, (hereinafter
"the subdivider") of a property legally described as fol lows:
That part of Government Lot 3, Section 22, Township 117,
Range 23, Hennepin County, Minnesota lying southerly of a
line described as beginning at a point on the east line of
said Government Lcit 3, distant 260.00 feet south of the east
1/4 corner of said Section 22, thence southwesterly
deflecting to the right 60 degrees to the shore of Lake
Minnetonka and .said line there terminating.
WHEREAS, the subdivider has completed all requirements
of the City for a metes and bounds Class I subdivision .
NOW, THEREFORE BE IT RESOLVED that the City Council of
the City of Orono hereby approves the metes and bounds division
for Eugene A. Nelson acriording to the legal descri~tions shown on
the Certificate of Survey by Demars-Gabriel Land Surveyors, Inc.,
dated January 16, 1985 and attached to this resolution subject to
the following conditions:
1. Parcel A and Parcel C, as described on the Certificate
of Survey attached tri this resolution, shall be legally
combined for tax purposes and shall be designated as Big
Island Record Lot No. 22 per Section 10.31 of the Municipal
Code, subject to the pertinent ordinances thereof .
•· City of-ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _______ _
2. Parcel B shall be legally combined for tax purposes with
Lots 6, 7 and 8., Morse Is land Park, and when combined under
a special lot combination with Lot C, Morse Island Park,
this property shall be designated as Big Island Record Lot
No. 16 per Section 10.31 of the Municipal Code, subject to
the pertinent ordinances thereof.
3. This resolution and the attached Certificate of Survey
shall be filed with the Hennepin County Recorder's Office on
or before September 25, 1985.
The approval granted by this resolution shall expire if
the filing has not been completed by the date specified above .
. In that event, it will be necessary to file a new application
with the City of Orono for subdivision review.
Adopted by the City Council on this 25th day of March,
1985.
ATTEST:
Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor
To: Orono Council Members
From: Michael P. Gaffron, Assistant Zoning Administrator
Date: March 19, 1985
Subject: #889 Eugene Nelson, Big Island Record Lots 16 & 22 -
Lot Line Rearrangement -Final Subdivision -Resolution
Application -Formally Divide For Tax Purposes A Strip of
Lakeshore on Big Island
Zoning District -RS
List of Exhibits
Exhibit A -Application
Exhibit B -Plat Map
Exhibit C -Property Owners List
Exhibit D -Survey and Site Plan
Exhibit E -Title Certificates
Exhibit F -Record Lot Sketch
Exhibit G -Staff Letter to Jay Smedberg 3/8/85
Exhibit H -Planning Commission Memo 3/13/85
Applicant is requesting that a narrow strip of lakeshore
abutting Big Island Record Lots 16 and 22 be formally divided by
the City for tax purposes. The division request is consistent
with and a result of the discussions applicant had with former
City Planner, Alan Olson when the Big Island ordinance was
adopted. This lakeshore strip was somehow divided and torrensed
as two parcels about 1970, but never approved by Orono and never
divided for tax purposes. The City suggested that the applicant
now bring this in for formal approval since he is selling the
involved properties. Please refer to Exhibit D and F.
Record Lot #22 includes Lots 9, 10, and 11 of Morse Island
Park (Parcel Con the survey) and the northerly portion of the
lakeshore strip (Parcel A on the survey). The lot area of Record
Lot #22 is 1.03 acres.
Record Lot #16 includes Lots 6, 7, and 8 and both portions
of Lot C in Morse Island Park, and the southerly portion of the
lakeshore strip (Parcel Bon the survey). The lot area of Record
Lot #16 is about 2.01 acres.
Although not a part of this application, note then that Lot
15, Morse Island Park will become Record Lot #70, and that the
northerly portion of Lot 7, Morse Island Park 2nd Addition, will
become Record Lot #71. Both of these are unbuildable by them-
selves.
This application is serving to tie up some loose ends left
over from the adoption of the RS Zoning District Ordinance. Note
that the ordinance itself includes some errors in that Parcels
1
23-117-23 32 0013, 14, and 15 are included in both Record Lots 16
and 22. We will eventually be filing resolutions in the chain of
title of each of Record Lots 16, 22, 70 and 71 to preclude their
future division and/or alert future buyers of the applicable
development restrictions.
The person who has purchased or will be purchasing Record
Lot #16, Mr. Jay Smedberg, questioned whether Lot C must be
included as part of Record Lot #16. Although the various parcels
making up Record Lot #16 were previously owned by Mr. Nelson, his
sister, and his mother, respectively, the Municipal Code clearly
states in Section 10.31, Subdivison 6 (A) that when contiguous
properties become commonly owned, they are by definition hence-
forth considered as a single Record Lot. From a zoning stand-
point Lot C is unquestionably part of Record Lot #16, cannot be a
separate Record Lot by itself, and will be treated as part of
Record Lot #16 regardless of Mr. Smedberg's objections.
As an aside to this subdivision for tax purposes, note that
neither Record Lots 16 or 22 have been formally acknowledged by
the property owner through the automatic variance resolutions and
special combinations. You may recall that in 1983 when the
ordinance was adopted, each Big Island property owner was given 6
months to return the automatic lot area variance and combination
forms. Alan Olson waived this 6 month deadline for Mr. Nelson's
Record Lots 16 and 22 because certain included parcels were of
separate unrelated ownership and later negotiation resulted in an
agreement to create Record Lots 70 and 71 as stated above. It
would be appropriate now that the properties are being sold to
give the owners 6 months to complete the automatic lot area
variance and combination acknowledgements. If they do not
complete this paperwork, after 6 months they would lose the
opportunity to be granted the automatic variance and would have
to file a formal variance application in order to build on these
Record Lots in the future.
Planning Commission recommended approval of this tax sub-
division conditioned on the northerly lakeshore strip (Parcel A)
combining with Lots 9, 10, and 11 (Parcel C); and southerly
lakeshore strip (Parcel B) combining with Lots 6, 7, and 8.
Staff recommends approva 1 of the subdivision per the
attached resolution.
2
MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 18, 1985. PAGE 7
A'fuhuGENE NELSON
~LAND RECORD LOTS 16 & 22
SUBDIVISION OF A LOT
LINE REARRANGEMENT Jay T. Smedberg was present. There was no one pre-
sent from the public for this application.
Assistant Zoning Administrator Gaffron stated that
this matter had been before the Planning Commission
previously. There has been more research done to
find out exactly what the property rights are for Big
Island. This application is a proposal to divide the
long lakeshore strip into two pieces, one that would
be combined with Record Lot No. 22, one that would be
combined with Lot 6, 7 and 8 and Lot C into Record
Lot 16 and that does exist in the zoning code as
Record Lot 16. The question was brought up last time
was why is Lot C included with Record Lot 16, can it
be or why can't it be a separate lot? Gaffron stated
that in Section 10.31 of the code it specifically
deals with future happeni~gs on Record Lots, so that
when a single party becomes owner of adjacent parcels
of land they become, from a zoning definition stand-
point, a Single Record Lot, and that definition does
include parcels that are separated by a platted un-
developed right-of-way.
Rovegno noted that the lot in question is not a
record lot of anything.
Assistant Zoning Administrator Gaffron stated that
there is a mistake in the code, which should be
corrected.
Mr. Smedberg stated that the only request on his
application was getting a separate tax number for the
two pieces of land which are recorded as separate
torrens property.
Assistant Zoning Administrator Gaffron stated that he
agrees that approval of the divisions appropriate,
and delete the condition that Lot C combined as part
of this division. He noted that for about half of
the Big Is land record lots, Reso 1 utions have never
been completed, dating back to 1983. He felt that if
we give the applicants 6 months to resolve the paper-
work for the automatic variances, if within 6 months
this has not been completed they would loose the
benefit of the automatic variance and would have to
come in for a variance with the standard fees and
possibly not be granted the variance.
MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 18, 1985. PAGE 8
i889 EUGENE NELSON
i900 JAMES W. OGLAND
Callahan moved, Kelley seconded, to recommend
approval of the subdivision for Eugene Nelson for
property located on Big Island, Record Lots 16 and
22, as it is requested subject to the following
conditions:
1. Paree 1 B must be combined with Lots 6, 7 and 8.
2. Paree 1 A must be combined with Lots 9, 10 and 11.
Assistant Zoning Administrator Gaffron stated that
the reason the parcels must be combined in this
manner is that the City will never allow a
subdivision to create a new piece of land that is
unbuildable where there is adjacent property in com-
mon ownership that it is an integral part of. There-
fore, a combination would be required.
Motion, Ayes (6), Nayes (0).
RECORD LOT NO. 38 -BIG ISLAND
VARIANCE -AFTER THE FACT
PUBLIC HEARING
8 : 4 2 -8 : 4 8 PM Jame s O g 1 and w a s pre sent . As s i s tan t Z on i n g
Administrator Gaffron noted the certificate of
mailing and the affidavit of publication. There was
no one present from the public for this application.
Assistant Zoning Administrator Gaffron stated that
Mr. Ogland is planning to build on his property, Big
Island -Lots 25 & 26 Morse Island Park, and in
reviewing the file it came to staff's attention that
an illegal deck and small building had been
constructed on the lakeshore sometime between the
Summer of 1982 and September of 1983. (Gaffron pre-
sented teh Planning Commission with photographs of
the decking and shed, originals in Big Island file,
Lot 38.) Gaffron stated these structures were built
without permits. Gaffron noted that Mr. Ogland was
requested to bring this matter in as an after-the-
fact variance application or that he tear it down.
Mr. Ogland stated that one reason the decking was
bui 1 twas that the shoreline is very steep and muddy.
Mr. Ogland noted that he had tried to plant grass but
the property faces east and nothing would grow. Mr.
Ogland did mention that there is a sand/dirt base
under the deck, thus should not be considered hard-
cover.
Rovegno noted that in other cases where there has
been a problem with a steep shoreline, the City has
approved lock boxes.
ZONING FILE ~
CITY OF ORONO
P.O. Box 66
NOTICE OF PLANNING COMMISSION ACTION
Crystal Bay, MN 55323 473-7357 Date of Notice: 3/20/85
TO: Eugene Nelson
2115 east 36 1/2 Street
Minneapolis MN 55406
COPIES TO: Judy Frommes
Samuel Mccloud
Jay Smedberg
Gary Gabriel -Demars-Gabriel
------------------------------------------------------------·--------------
TYPE OF APPLICATION: XX Subdivision
Date of Meeting: 3/18/85 Vote:
Planning Commission recommends the following:
XX Approval: Subject to conditions noted below
NOTES AND SPECIAL CONDITIONS:
6 For 0 Against
Recommended approval of the subdivision subject to Parcels A and C
being 1 ega 11 y combined for tax purposes, and Paree 1 B being combined with
Lots 6-7-8, Morse Island Park. The attached Resolution will be presented to
the City Council on Monday, March 25, 1985 for their approval.
Applicant must provide:
1. A revised certificate of survey including signature lines for all
involved property owners (spouse and all other persons with interest in the
property -all signed), the Mayor, City Clerk and date of final approval.
2. Two copies of survey 1"=200' for City and County records.
It would expedite matters if these could be brought to the meeting on
Monday, March 25; if there is not time to have them done, as soon thereafter
as possible.
Please contact me if you have any questions.
Applicant's next scheduled meeting is confirmed as:
Council March 25, .1985
If the applicant has trouble obtaining additional information, please
contact the Zoning Department (473-7357).
If you desire certified copies of the official Planning Commission minutes,
they are available from the City Recorder after review and approval by the
Planning Commission.
To: Planning Commission
From: Michael P. Gaffron, Assistant Zoning Administrator
March 13, 1985 Date:
Subject: #889 Eugene Nelson, Big Island -Subdivision
List of Exhibits
Exhibit A -Application
Exhibit B -Plat Map
Exhibit C -Property Owners List
Exhibit D -Survey and Site Plan
Exhibit E -Title Certificates
Exhibit F -Record Lot Sketch
Exhibit G -Staff Letter to Jay Smedberg 3/8/85
Exhibit H -Selections From Code Section 10.31
Exhibit I -Lot Area Variance and "Special Lot Combination"
Resolution and Other Initial Mailing Documents
Exhibit J -Minutes, 2/19/85 Planning Commission Meeting
Planning Commission tabled this request at the February
meeting pending further staff discussion with the current and
pending property owners regarding whether Lot C should be or can
be a separate record lot.
A thorough review of the RS Zoning District regulations
reveals that when owned in common with the adjacent Lots 6, 7 and
8, Lot C cannot by code be a separate record lot (see Section
10.31, Subdivision 6 (A), attached). The original intent in
creating record lots in the RS Zoning District was to recognize
existing ownership and usage patterns. Lots 6, 7 & 8 were
historically owned by the applicants (Eugene Nelson's) sister;
Lot C was owned by his mother; a cabin exists only on Lot C but
Lots 6, 7 & 8 were used as access to Lot C. Both former City
Planner, Alan Olson and the Nelson family members apparently
agreed that the historical pattern of use was as a single lot,
and in fact that is how the applicant is selling it to Mr.
Smedberg. But Section 10.31 Subdivision 6 (A) clearly states
that when contiguous properties become commonly owned, they by
definition are thenceforth considered as a single record lot.
To quickly capsulize for you the process that was followed
when the RS District was created:
1. The record lot determination, including which parcels
are included in each record lot, became part of the
ordinance creating the zoning district.
1
2. Staff sent to each property owner the following
documents for approval, signature and return:
a) Ordinance Summary
b) Cover Letter
c) Official Record Lot Notice
d) Combined Tax Assessment Request Form
e) Lot Area Variance Resolution
3. When documentation was returned, it was taken to Council
for final approval and filing in title; or
If documentation was not returned by property owner within 6
month deadline, automatic lot area variance was not granted.
Owner would have to apply for lot area variance at such time
any construction was planned on the property and pay the
standard variance application fees. Approximately half of
the record lot resolutions have been finalized to date; a
few have been returned and are awaiting submittal to
Council; many have yet to be returned and finalized.
The process of combining lots that are separated by un-
developed rights-of-way, known as a "Special Lot Combination", is
simply the Record Lot Resolution filed in the chain of title of
the affected properties. The County will not combine the taxes
over the right-of-way in most cases, but for zoning purposes the
record lot is considered combined and portions may not be resold
individually. (Sample resolution -see Exhibit I.)
I suggest you re-read all of Section 10.31, Subdivison 6 as
a review of the Record Lot Area requirements. Note that the code
specifically deals with Mr. Smedberg's problem and that he really
has no choice in whether or not Lot C is part of the record lot
once he is the owner of C and 6, 7 & 8. His only recourse would
be to ask Council to amend the code.
Staff has discussed briefly this division with the applicant
and the realtor involved and has had discussions with Mr.
Smedberg leading to the letter to him (Exhibit G) which I strong-
ly suggest you read as an outline of the action to date on this
property.
My memo of 2/11/85 still stands; staff recommends approval
of the division of the lakeshore strip for future combination
with the respective adjacent properties.
Now, remember that the record lot resolutions not only
restrict the future sale and use of the Big Island properties,
but they grant an automatic lot area variance for those record
lots which are buildable but substandard in size. Since the
deadline for completion of the required acknowledgments and
paperwork was rescinded in this case, it is appropriate that we
now require the applicant and/or the future property owners to
complete the record lot paperwork within 6 months or lose the
benefit of the automatic lot variance.
2
March 8, 1985
Mr. Jay T. Smedberg
P.O. Box 590
Excelsior, MN 55331
Dear Mr. Smedberg:
CITY of ORONO
Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices
On the North Shore of Lake Minnetonka
Re: Big Island Property
Having had discussions with you, with Eugene Nelson, and with
Judy Frommes of Century 21, it appears necessary to review the
history of the Big Island property and reiterate the City's
position on Record Lot #16.
1. After the RS Seasonal Recreational zoning regulations were
established on December 30, 1982, a letter was sent to Mrs.
H.R. Nelson, Mrs. Victoria Arneson, and Vivian Nelson (the
first two living at the same address) dated February 15,
1983, informing them of the proposed Record Lot deter-
mination. At that initial contact, Record Lot #16 was
considered to include Lots 6, 7, and 8, Morse Island Park
(owned by Victoria Arneson); plus all of Lot C, Morse Island
Park (owned by Mrs. H.R. Nelson); plus half of Lot 7, Morse
Island Park Second Addition (owned by Vivian Nelson). No
portion of lakeshore property was included in Record Lot #16
since the abutting lakeshore strip was owned by Eugene Nelson
as part of Record Lot #22.
2. On March 27, 1983, City Planner Alan Olson discussed the
record lot determination with Victoria Arneson. She stated
that she had no problem with combination of her lots with her
mother's lot (Lot C) as long as she couuld still build on her
Lots 6, 7 and 8. Victoria and Alan agreed that the most
likely location for a new cabin would be on Lots 6, 7, and 8
rather than at the site of the old cabin on Lot C. Alan
noted that under the combined Record Lot #16, a new cabin
could be built on Lots 6, 7, and 8 and at the time the
building permit is requested, a decision would have to be
made whether to keep the old cabin on Lot Casa guest house
or tear it down.
BL'ILDl:',;G & ZO:siJ;\:(; -473-7357
ASSESSJ;',:C
ADMJ;\:ISTRATIO;\: & l-1;\:A;\:CI---473-7358 Pl.'BLIC WORKS 473-7359
Mr. Jay T. Smedberg
Page 2
March 8, 1985
3. On May 17, 1983, Alan Olson sent a letter to Victoria Arneson
and Mrs. H.R. Nelson regarding the unique aspects of Record
Lot #16. A copy of that letter is attached. The main points
of the letter are:
a) The record lot as originally defined consists of 2.16 dry
acres, contains one cabin, has historically been used as
a single building site, and was therefore defined as a
single record lot in the ordinance.
b) Because of the separate ownership by related persons, the
option was open at that time to list the separate
portions as separate record lots. However, Alan strongly
recommended that the combined record lot option appeared
to most closely fit the needs of the owners and the
City's planning purposes.
Resolutions for the combined option were included with the
letter. They were never returned. The letter also rescinded
the July 1, 1983, deadline for completing the resolution
forms, but did not set a new deadline.
4. On July 27, 1983, Alan Olson had a discussion with Eugene
Nelson regarding Record Lots #16 and #22, noting the two
separate torrens certificates for the lakeshore strip, and
stating that the half of Lot 7 Morse Island Park Second
Addition, should be a separate record lot. He also brought
up the possibility of the Park Reserve District acquiring a
portion of Lot C. (This never came to fruition.) At this
point Alan expect~d Eugene to send the torrens certificates
to the City for verification, and to send in the signed
revised resolutions and combination forms for both Record
Lots #16 and 22. We received the torrens certificates but
not the signed resolutions.
S. Upon Alan's resignation in September, 1983, he left staff an
update memo on the current status of the Big Island record
lots. The portion of this memo dealing with Record Lots 16
and 22 is attached.
6. Since no action had been taken by the City or the propoerty
owners, when Gene Nelson finally decided to sell the
properties off in 1984, I was contacted by Judy Frommes
regarding the two record lots, and I sent a letter regarding
Record Lot #22 to the purchaser, Mr. Samuel A. McCloud, on
November 28, 1984; and sent a letter to Frommes regarding
Record Lot #16 on December 5, 1984.
Based on the information in our files, and from my discussions
with the people involved, the following is my understanding of
the current situation:
1. The existing ordinance includes Lots 6, 7, and 8 and Lot C of
Morse Island Park, and half of Lot 7, Morse Island Park
Second Addition, as Record Lot #16.
Mr. Jay T. Smedberg
Page 3
March 8, 1985
2. Eugene Nelson and his relatives never have formally resolved
the record lot status of this or the McCloud property.
3. Since half of Lot 7 Morse Island Park Second Addition is
separated by a roadway from your property, is not involved in
your purchase agreement, and is owned by a separate party,
the City will agree to designating it as a separate
unbuildable record lot.
4. The original intent in defining record lots
to preserve the existing patterns of usage.
which you are purchasing, although owned by
daughter, and son, respectively, have beeen
as a single property.
on Big Island was
The parcels
a mother,
historically used
5. Section 10.31, Subdivision 6(A) of the Municipal Zoning Code
defines the "record lot" in the Seasonal Recreation District,
and specifically requires that when contiguous or abutting
property (including properties separated~ unimproved
rights-of-way) are owned in common or become owned in common,
they shall in total become~ single record lot. A copy of
this section is enclosed for your reference.
Therefore, although I may have indicated to you over the phone
last week that there might be some leeway in considering Lot C as
a separate record lot, there is no question that when Lot C and
Lots 6, 7, and 8 are all owned by you, they are considered as a
single record lot and may never be sold separately without City
Council approval under specified conditions [Section 10.31,
Subdivision 6(C)].
Presuming the City approves the subdivision of the lakeshore
strip, your Record Lot #16 will include the southern portion of
the lakeshore strip and Lots 6, 7, and 8 and C of Morse Island
Park. In order to receive benefits of the automatic lot area
variance granted per Section 10.31, Subdivision (6)(F), you will
have to acknowledge the record lot on a form provided by the City
and apply for a combination of all separate tax parcels per
Section 10.31, Subdivision 6(B). We will extend the deadline for
execution of these documents to September 15, 1985. If you have
not returned them by that date, no automatic variance is granted
and you will have to make a formal variance application to the
Council (current fee is $150) in order to construct a new cabin
anywhere on the property.
By completing the automatic lot area variance forms, you maintain
your right to repair, expand, or replace the existing cabin. If
at some future date you wish to build a new cabin and retain the
old one as a guest house, a conditional use permit would be
required.
Mr. Jay T. Smedberg
Page 4
March 8, 1985
In summary, the properties you are buying will be considered as
one record lot, may not be sold off separately without Council
action, and you have six (6) months to acknowledge this formally
or lose the benefits of the automatic lot area variance. Please
contact me as soon as possible if you have any questions. I am
recommending to the Planning Commission that they recommend
approval of the lakeshore strip subdivision subject to all
property owners involved being given six (6) months to complete
the automatic variance paperwork or lose the opportunity to be
granted the automatic variance.
As soon as the subdivision is approved by Council, we will draft
the proper automatic variance and lot combination documents for
signature by the respective property owner(s). Please call me if
you have any questions.
Sincerely,
(? ./
Michael P. Gaffron
Assistant Zoning Administrator
ps
Enclosures -Letter to property owners (2-15-83)
Letter to property owners (5-17-83)
Alan Olson memo (9-23-83)
Mike Gaffron letter to Mccloud (11-28-84)
Mike Gaffron letter to Frommes (12-5-84)
Code Section 10.31, Subdivision 6(A)
Plat Map
pc: Jeanne Mabusth, Building & Zoning Administrator
Eugene Nelson
Judy Frommes
ZONING FILE NO
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323 473-7357
NOTICE OF PLANNING COMMISSION ACTION
Date of Notice: 2/22/85
TO: Eugene Nelson COPIES TO:
2115 east 36 1/2 Street
Minneapolis, MN 55406
TYPE OF APPLICATION: XX Subdivision
Date of Meeting: 2/19/85
Jay T. Smedberg
P.O. Box 590
Excelsior, MN 55331
Vote: 6 For 0
Planning Commission recommends the following:
XX Tabled: For reasons noted below
NOTES AND SPECIAL CONDITIONS:
Against
This item was tabled pending further discussion by staff and
applicant(s) to determine final disposition of Lot C (part. of Record Lot
#16 or a separate Record Lot). Please contact Mike Gaffron as soon as
possible (473-7357) to discuss this matter.
Applicant's next scheduled meeting is dependent upon receipt of
additional inf6rmation. Deadline for the March 18 meeting is March 8,
1985.
If the applicant has trouble obtaining additional information, please
contact the Zoning Department (473-7357).
If you 6esire certified copies of the official P-lanning Commission minutes,
they are available from the City Recorder after review and approval by the
Planning Commission.
To: Planning Commission
From: Michael P. Gaffron, Assistant Zoning Administrator
Date: February 11, 19
Subject: #889 Eugene Nelson, Big Island Record Lots 16 and 22
Lot Line Rearrangement
Application -Formally Divide for Tax Purposes A Strip of
Lakeshore on Big Island
Zoning District -RS
List of Exhibits
Exhibit A -Application
Exhibit B -Plat Map
Exhibit C -Property Owners List
Exhibit D -Survey and Site Plan
Exhibit E -Title Certificates
Exhibit F -Record Lot Sketch
Applicant is requesting that a narrow strip of lakeshore
abutting Big Island Record Lots 16 and 22 be formally divided by
the City for tax purposes. The division request is consistent
with and a result of the discussions applicant had with former
City ~lanner, Alan Olson when the Big Island ordinance was
adopted. This lakeshore strip was somehow divided and torrensed
as two parcels about 1970, but never approved by Orono and never
divided for tax purposes. The City suggested that the applicant
now bring this in for formal approval since he is selling the
involved properties. Please refer to Exhibits D and F.
Record Lot #22 includes Lots 9, 10, and 11 of Morse Island
Park (Parcel Con the survey) and the northerly portion of the
lakeshore strip (Parcel A on the survey). The lot area of Record
Lot #22 is 1.03 acres.
Record Lot #16 includes Lots 6, 7 and 8 and both portions of
Lot C in Morse Island Park, and the southerly portion of the
lakeshore strip (Parcel Bon the survey). The lot area of Record
Lot #16 is about 2.01 acres.
Although not a part of
15, Morse Island Park will
northerly portion of Lot 7,
become Record Lot #71.
themselves.
this application, note then that Lot
become Record Lot #70, and that the
Morse Island Park 2nd Addition, will
Both of these are unbuildable by
This application is serving to tie up some loose ends left
over from the adoption of the RS Zoning District ordinance. Note
that the ordinance itself includes some errors in that Parcels
23-117-23 32 0013, 14, and 15 are included in both record Lots 16
and 22. We will be filing resolutions in the chain of title of
1
each of Record Lots 16, 22, 70 and 71 to preclude their future
division and/or alert future buyers of the applicable development
restrictions.
Staff recommends approval of the subdivision subject to the
combination of Parcel A with Parcel C, and the combination of
Parcel B with Lots 6, 7, 8 and C of Morse Island Park.
2
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _______ _
APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO~
PURSUANT TO ORDINANCE N0.246, SECTION 34.366
0
BE IT RESOLVED by the City Council of Orono, Hennepin County, Minnesota:
1.
FINDINGS
That is (are) the ------------------------------0 w n er (s) /taxpayer (s) of record of the fallowing described property
located within the RS Seasonal Recreational Zoning District of the
City:
(See attached Exhibit A)
2. That in adoption of Ordinance No. 246, the City Council reviewed
ownership, development and use patterns on the islands and has
determined that all the above described property combined is and
shall hereinafter and henceforth be one "RECORD LOT" as defined
in Section 34.366 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 u~e 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 comp-
liance with all building permit, setback, hardcover, on-site sewage
treatment and other performance standards for development in the
RS District.
PAGE 2; RECORD LOT NO. : 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 other-
wise 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 day of , 1983. ----------
ATTEST:
City Clerk
(1)
Property Owner(s)
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
CITY OF ORONO
Mayor
(2) ______________ _
On this ___ day of ______ • 19 • before me, a Notary Public within
and for said County, personally appeared -------------------
known to me to be the person(s) described in and who executed the foregoing
instrument, 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: Exempt
This instrument was drafted by:
City Of Orono
P.O. Box 66
Crystal Bay, Mn. 55323
473-7357
CITY of ORONO
Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices
On the North Shore of Lake Minnetonka
December 5, 1984
Ms. Judy Frommes
Windward Properties, Inc.
2385 Shadywood Road
Box 15
Navarre, MN 55392
Re: Big Island Record Lot #16
• Dear Ms. Frommes:
It is the City's understanding that the property known as Record Lot
#16, which is now being sold, will not include half of Lot 7, Morse
Island Park Second Addition (P.I.D. #23-117-23-32-0044). This
situation is agreeable to the City, with the understanding that this
0.15 acre parcel will be recognized with a new record lot number by
itself and will henceforth be considered as a substandard unbuildable
lot per Zoning Code Section 10.31, Subd 6(g).
Record Lot #16 will then include the following parcels:
PID Number
23-117-23-32-0001
23-117-23-32-0002
23-117-23-32-0010
23-117-23-32-0011
23-117-23-32-0012
Description
Part of Lot C, Morse Island Park
Remainder of Lot C, Morse Island Park
Lot 6, Morse Island Park
Lot 7, Morse Island Park
Lot 8, Morse Island Park
In addition, once the formal subdivision has been approved by the City
of Orono, Record Lot #16 will also include the portion of the lakeshore
strip (P.I.D #22-117-23-41-0001) located adjacent to Lots 6, 7 and 8.
BUILDING & ZONING -473-7357 • ADMINISTRATION & flNANCE -473-7358 • PL'BLIC WORKS -473-7 359
Ms. Judy Frommes
Page 2
December 5, 1984
I am forwarding to you the following documents:
1. Lot Combination Request Form. This is to combine the
property for tax purposes. It is likely that the two parcels
comprising Lot C will be combined, and that Lots 6, 7 and 8 will be
combined, resulting in two tax statements. It is unlikely that
the County will combine across the right-of-way unless a street
vacation is approved by the City. It is also unlikely that the
County will combine Lots 6, 7 and 8 with the lakeshore strip
unless approval of both school districts is granted. I would
suggest you consider the possibility of a street vacation (there
may be objections by the power or phone company) and not bother with
the school districts.
2. Lot Area Variance Form -Standard resolution form. This will
be recorded in the chain of title of the affected properties.
There is no charge for this variance application.
3. Subdivision Application Form -In order to divide the
lakeshore strip, a formal metes and bounds subdivision for tax
purposes must be approved by the City.
4. Street Vacation Application Form.
Suggested order of procedure:
1. Apply for the subdivision of the lakeshore strip.
* 2. Apply for street vacation of the portion of "Moslin Avenue"
between Lot C and the other affected lots ( 6, 7 and 8), (perhaps Mr.
Mccloud would join in the vacation of the portion along his Lots 9,
10 and 11). , On the face of it, I don't know that the City would
object to vacating this roadway, but the Big Island neighbors
might.
* 3. Apply to both school districts to have their boundary moved so
that the lakeshore strips can be combined for tax purposes with
their adjacent lots.
4. Once the above i terns are complete, return the signed lot area
variance forms and the signed lot combination forms to the City.
*NOTE: We consider Steps 2 and 3 as optional based on the whims of your
client{s).
Please contact me if you have further questions.
Sincerely, ,
--, 1/' // /J o1 ✓f'1/ · c·-?)J,(, _. '/ ?/ r' :..J..J.,~/ / . ~ / ., ,,,-~1//c--
Mi ch a el P. Gaffron
Assistant Zoning Administrator
DS
CITY of ORONO
l'osl Office Box (i(j • Crystal Bay, Minnesota 55:ti:l • Municipal Offices
May 17, 1983
Mrs. Victoria Arneson
Mrs. H. R. Nelson
On the North Shore of Lahe Minnetonka
3115 Cedar Avenue South
Apt. 3
Minneapolis, Mn. 55407
RE: Big Island Record Lot No. 16
Dear Mrs. Arneson and Mrs. Nelson,
Enclosed is an information packet on your Big Island property as
sent to all owners on the island. The purpose of this is to inform
you about the new zoning ordinance adopted last December, and to
record information about your property to ensure that your building
rights are protected to the fullest intent of the ordinance.
I apologize for the delay in getting this informaiton to you. One
reason for the delay is that your property as identified by this
Record Lot is unusual in several respects. I want to be sure that
you understand what the ordinance says and what options you have
available.
~he basic intent of the ordinance was to protect and preserve the
existing lots with cabins on them, and to allow creation of new
building sites only on lots of 5 acres or more in area. This
Record Lot totals 2.16 acres of dry land (plus 1.25 acres of wetland)
and has one cabin on it, so it has been defined as one building site
in the ordinance.
What makes your land unusual is the related ownership and use patterns
that tie together separate parcels owned by three persons:
1. The cabin is located on inland property listed to
Mrs. H. R. Nelson. This could be a separate record
lot except that access from the lake to the cabin
runs thru the Arneson lots.
2. The vacant hillside listed to Victoria Arneson totals
about 0.65 acre, which in itself is small to be con-
sidered an additional building site. But this is the
ideal spot to put up a new cabin to replace the old
one on the back lot. This could be considered a
separate record lot because of the separate ownership
if you want it to be.
Bl!ILDl\;C & ZO\;l.'\C ---173-7357
,\SSI-:ss1:-,;c;
• AD~ll:\ISTRATION & FIC-:A:-SCE --173-7358 • PUBLIC WORKS -473-7359
Mrs. Victoria Arneson
Mrs. H. R. Nelson
May 17, 1983
3. The last piece is 1/2 of lot 7 listed to Vivian J.
Nelson. This is only 0.15 acre in area and land-
locked. It could be listed as a separate record
lot, but would never be separately buildable. By
including this in the one record lot some additional
lot area credit is gained without loosing any build-
ing rights.
YOUR OPTIONS
A. You may choose to have the H.R. Nelson and V. Arneson lots listed
as two separate record lots instead of one. This would recognize the
two separate owners even though you are related and living at the same
address.
B. You may choose to have the H.R. Nelson and V. Arneson lots listed
as one combined record lot, (with or without the V. Nelson 1/2 lot)
which is the way the ordinance provides now. I think this is the way
you view the property now. This would still provide three ways of
handling the cabin:
1. Keep using the existing cabin as is;or
2. Replace the existing cabin with a new one located anywhere
on the combined property, and without requiring any additional
variance procedure with the city (this is what the attached
resolution is for); or
3. You could also apply for a guest cabin permit that would allow
you to build a new cabin on the front lot and retain the old
one as a guest cabin for occassional use. This decision
doesn't have to be made now but only at the time you might
consider building a new cabin.
All things considered including your phone call to me last March,
I think that Option B(the one combined record lot)will best serve both
your needs and the citys' planning purposes.
IF YOU AGREE WITH OPTION B, please sign, have notarized and return the
white variance resolution (form #2) with the signatures of both Mrs.
H. R. Nelson and Victoria Arneson. The signature of Vivian J. Nelson
and inclusion of her 1/2 lot is optional. Also then have the same
persons sign and return the green lot combination form #3.
IF YOU WANT TO HAVE THE H.R. NELSON AND ARNESON LOTS LISTED SEPARATELY,
please call or write to let me know and I will have some revised forms
made up for your signature.
Don't worry about the July 1, 1983 deadline indicated on the forms.
Since this notice to you is late, the July deadline will not apply.
Please consider this carefully and give me a call if you have any
questions.
MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 19, 1985 PAGE 3
EUGENE NELSON
ISLAND RECORD LOT
LOT LINE REARRANGEMENT
SUBDIVISION
#16 & 22
PUBLIC HEARING
7:56 -8:16 PM Eugene Nelson was not present. J. T. Smedberg was present to
represent his interest in the subject property. Zoning
Administrator Mabusth noted the certificate of mailing and
the affidavit of publication. Mabus th noted that this
application is to formally divide a strip of lakeshore on Big
Island for tax purposes. Mabusth stated that this
subdivision is serving to tie up some loose ends created in
1970 when the registered land was divided without City
approval.
J.T. Smedberg stated that Orono made this proposal a few
years ago to Eugene Nelson and Nelson never responded.
Smedberg noted that the property at that time was owned by
three different persons. Smedberg noted that the RS Zoning
District was created for seasonal use and were grouped
together according to family ownership. Smedberg stated
that Nelson's sister owned some of the property and then he
bought the property from Eugene Nelson.
Chairman Callahan closed the public hearing at 8:16 p.m.
Sime felt that he could not act on the application .tonight
because of the misunderstandings between applicant, new
owner, and staff.
Sime moved, Taylor seconded, to table Nelson's lot line
rearrangement application in order to allow time for staff to
work with new owner and applicant. Motion, Ayes (5), Nays
( 0 ) .
Planning Commission asked staff to submit a report
concerning the RS Zoning District on Big Island and the
intent of such ordinance along with the separation of
ownership by right-of-way (roads) on Big Island.
PROPOSED AMENDMENT OF THE
FLOOD PLAIN/WETLANDS MANAGEMENT
SECTION OF CODE
PUBLIC HEARING
9:50 -9:58 PM Zoning Administrator Mabusth noted the affidavit of
publication. Mabus th explained the the Department of
Natural Resources (DNR) has setforth different setback
standards for specific lakes and a drainageway within the
City.
Rovegno asked staff to find where it requires the City to
adopt the DNR's regulations.
Thank you for your assistance.
Sincerely, ,,,,./
)t-;!tlz;g--
Alan P. Olson
City Planner
APO/msw
Vivian Nelson
5009 W. 34th Street
Minneapolis, Mn. 55416