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Home My WebLink AboutProject PacketCarter DeLaittre % Lambert & Boeder 1000 Superior Blvd Wayzata, MN 55391 CITY of ORONO Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices 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 through 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 fl6 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. i22 to Mccloud, it became clear that P.I.D. 22-117- 23 41 0001 existed in Hennepin County tax records as one parcel, not reflecting the torrens action. Therefore, Nelson and Smedberg (then contract-for-deed owner of Record Lot f16) 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. 12. 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 dwellings 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 Plannin9 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 wi 11 ing 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 agr~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~ variance resolution for your review, signature, and return. Please contact me if you have further questions. • // ,. -,✓\ / Sincerely_, /) ~~ // J ,1 ! './ ,L._L, . / ·/ t-c t_? 1 ✓ /;._____ Michael P. Gaffron, Assistant Zoning Administrator Enclosure .MINUTES OF 'l'IIE OHOIW COUNCJJ. MI-:J::Tll~G IIELD M/\HCII 25, 1985. P_/\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 question. Councilmember L. Adams felt that the Council could act on the application and still allow time for Smedberg to speculate on his options. Councilmember Grabek stated that Smedberg's options are limited anyway in that the entire property, when in common ownership, can only be one record lot. Councilmember 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. Mo~.ion, Ayes ( 2), Nays ( 1). Council member L. Adams voted nay. Adams f e 1 t 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 sa ti sf actory work from ARI. Cook noted the resolution for Council's action in which the Council would accept the bidi but not award the project. Councilmember Grabek seconded, to approve Accepting Bids for the awarding the project. SET ASSESSMENT PROCEDURES CRYSTAL BAY SEWER PROJECT moved, Councilmember 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 AGENDA FOR REGULAR COUNCIL MEETING SET FOR MONDAY, MARCH 25, 1985, 7:00 P.M. (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. ROLL CALL 1. 7:00 PM PUBLIC HEARING -Community Development Block Grant Program 2. 8:00 PM PUBLIC HEARING -Vacation of Manor Circle 3. CONSENT AGENDA* APPROVAL OF MINUTES *4. Regular Meeting of March 11, 1985 5. Appearance by Al & Margo Penke -Application for Solicitors License PARK COMMISSION COMMENTS LAKE MINNETONKA CONSERVATION DISTRICT REPORT -Jo Ellen Hurr, Representative PLANNING COMMISSION COMMENTS PUBLIC COMMENTS ZONING ADMINISTRATOR'S REPORT *6. Memo on Status of Tree Removal on Property Located at 3135 Casco Circle 7. #884 Richard Eller, 2655 Shadywood Road -Variance 8. #889 Eugene Nelson, Big Island Record Lots #16 & #22 - Final Subdivision -Resolution CITY ENGINEER'S REPORT '9. Accept Bids Crystal Bay Sewer Project -Resolution 10. Set Assessment Procedures -Crystal Bay Sewer Project 11. Assessment Hearing April 22, 1985 Orono Middle School -Resolution MAYOR'S REPORT Employment -City Administrator CABLE TV REPORT TRANSPORTATION REPORT CITY ADMINISTRATOR'S REPORT *13. Bid Award Single Axle Dump Truck *14. 1984 Police Department Operations *15. Year to Date Estimated Revenues Compared to Actual Revenues as of December 31, 1984 *16. Year to Date Budget Appropriation Compared With Actual Expenditures as of December 31, 1984 Non-Lethal Weapon Review Police Department Cy Smythe Report Salary & Benefit Review City Employees - Impact of Proposed Salary Adjustments to 1985 Budget and Review of Annual Salary Adjustments 1977-1985 CITY ADMINISTRATOR'S LETTERS AND MEMOS CITY ATTORNEY'S REPORT AGENDA FOR REGULAR COUNCIL MEETING SET FOR MONDAY, MARCH 25, 1985, 7:00 P.M. LICENSES (19*) BILLS (20*) ADJOURNMENT MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 18, 1985. PAGE 7 Af'fu'RUGENE NELSON ~LAND RECORD LOTS SUBDIVISION OF A LOT LINE REARRANGEMENT 16 & 22 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 inc 1 uded 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 Island record lots, Resolutions 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 1889 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. Parcel 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 t ant 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 built was 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 legally combined for tax purposes, and Parcel 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 . 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 existing 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 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. 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 acdording 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 t~ 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 ta x 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 September 25, 1985. The approval granted by this resolution shall e x pire 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 EXHIBIT A That part of Government Lot 3, Section 22 Township 117 North Range 23 West lying south of a line commencing at a point in the east line thereof distance 260 feet south from the east one-quarter corner of Section 22, thence deflecting right 60 degrees to shore of Lake Minnetonka; and Lots 9, 10, 11 and 15, Morse Island Park; Hennepin County, Minnesota 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 previous 1 y 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 approval of the subdivision per the attached resolution. 2 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 await i'n g, submit ta 1 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 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 19, 1985 PAGE 3 //-- { #~EUGENE NELSON '----n:rG~lSLAND RECORD LOT #16 LOT LINE REARRANGEMENT SUBDIVISION & 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 Mabus th noted the affidavit of publication. Mabusth 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. -CITY OF ORONO # R, , g ii:\:51 ~:::_s- SOBDIVISION APPLICATION FORM JQ~ 'lS "'ed-1,""d · · + 68 I _______________________________ . _ _pp, Bo)C S-9o E,cc . S:r-3 '3 j _________________ _ APPLICANT Name £11 0 4µe,,,, //..J.,.,._,£.__5 o A.J Telephone YY'f O 7 I 5 Mailing Address ,,211-.5 €. 3{, 1/v: lh,aA,S. ,£via 0 PROPERTY Name _______________ Telephone 1/'.;?/-~/75(;-l"f OWNER 3 3 Y-2-~2-°I -0 Mailing Address (Attach list if more than one) PROPERTY LOCATION Street Address Property Identification No. (P.I.D.) Complete Legal Description to be attached to application EXISTING LAND USE Number of Tax Parcels Development Size Present Use (check) Present Zoning District Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify) 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 Square Feet Dry Buildable Land Residential Other (specify) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION Application Completed 2. Preliminary Plat information on Certificate of Survey . Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) Stamped, legal sized envelopes ( #10) pre-addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. _ ~ Zoning Officials Signatur~-------------Date ~f?/i~ MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security . Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature ________________ Date FEES v Sketch Plan Review (Class I, II & III) Preliminary Review (Class I & II Subdivisions) Preliminary Review (Class III and all non-residential) Final Plat Review (Class III) *(Plus any legal or engineering charges) $100.00 050.00 $240.00 plus 20.00/lot $100.00* Applicant has read the above and 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-esta~h __ ordinance. ________ )/2::'[S) ____ _ Applicant Is Signature .-; ~~,r_u. Date /-?-s---s- owner's Signature Date / -§" ,... <i;-5 Applicant must have all submittals into the Cit offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. ! 11 . \ I ' \ \. \ ,,,,r, I J / / / I '-/ . ------,,,. 10 ·;;;:,-._ ~-_,,,-~ _._ --, ~· # (io Io) (1) I ✓i ., { ~ ··---~ \ \ \ \ \ ' \ \ , \ "" } I _.,,, ' · J _/::~1008.67---·-· ---------=-- East 68 7.'JJ CITY OF ORONO Lot 8 (zt,) N~ .. l '.. Ii J }23 ~ 4290 o A 0.034.00 T I .. / I I RUN DATE 01/21/85 BATCH 003 PROP ADDR Ol~NER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OliNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR O!.JNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 22-117-23 14 0003 HENN CTY PARK RES DIST HENN CO PARK RESERVE DIS P O BOX 296 MAPLE PLAIN MN 55359 38 23-117-23 23 0004 CARLISLE HADSON CARLISLE MADSON 209 SHADY OAK RD HOPKINS MN 55343 38 23-117-23 23 0033 MARIE CARLSON HRS FRED HALES 3711 SO ARBOR LANE MINNETONKA MN 55343 38 23-117-23 32 0005 ROBERT M MCAULIFFE ETAL ROBERT M MCAULIFFE 1806 E MEDICINE LAKE BLVD MPLS MN 55441 38 23-117-23 32 0008 GUSTAV K ROOS ETAL ROBERT M MCAULIFFE 1806 E MEDICINE LAKE BLVD MPLS MN 55441 38 23-117-23 32 0011 VICTORIA NELSON MRS VICTORIA ARNESON 3115 CEDAR AVE SO APT 3 MPLS MN 55407 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST . 38 22-117-23 41 0001 EUGENE A NELSON EUGENE A NELSON 2115 E 36 1/2 ST MPLS MN 55407 38 23-117-23 23 0027 KW SAARI ETAL KENNETH I~ SAARI 2243 VANIR COURT NW ROCHESTER MN 55901 38 23-117-23 32 0001 CAROLINE C ECK MRS HR NELSON 3115 CEDAR AVE SO APT 3 MPLS MN 55407 38 23-117-23 32 0006 ROBERT M MCAULIFFE ETAL ROBERT M MCAULIFFE 1806 E MEDICINE LAKE BLVD MPLS MN 55441 38 23-117-23 32 0009 GUST C ROOS ETAL ROBERT M MCAULIFFE 1806 E MEDICINE LAKE BLVD MPLS MN 55441 38 23-117-23 32 0012 VICTORIA NELSON MRS VICTORIA ARNESON 3115 CEDAR AVE SO APT 3 MPLS MN 55407 REPORT NO. PI435401 38 23-117-23 23 0003 CARLISLE MADSON CARLISLE MADSON 209 SHADY OAK RD HOPKINS MN 55343 38 23-117-23 23 0028 GEORGIA RUUD ET AL GEORGIA RUUD 13611 VALLEY VIEW RD EDEN PRAIRIE MN 55344 38 23-117-23 32 0002 GERTRUDE V NELSON MRS H R NELSON 3115 CEDAR AVE SO APT 3 MPLS MN 55407 38 23-117-23 32 0007 G C ROOS ETAL ROBERT M MCAULIFFE PAGE 4 1806 E MEDICINE LAKE BLVD MPLS MN 55441 38 23-117-23 32 0010 VICTORIA NELSON MRS VICTORIA ARNESON 3115 CEDAR AVE SO APT 3 MPLS MN 55407 38 23-117-23 32 0013 EUGENE A NELSON EUGENE A NELSON 2115 E 36 1/2 ST MPLS MN 55407 .. I RUN DATE 01/21/85 BATCH 003 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 23-117-23 32 0014 EUGENE A NELSON EUGENE A NELSON 2115 E 36 1/2 ST MPLS MN 55407 38 23-117-23 32 0019 EUGENE A NELSON EUGENE A NELSON 2115 E 36 1/2 ST MPLS MN 55407 38 23-117-23 32 0043 ROBERT M MCAULIFFE ETAL ROBERT M MCAULIFFE 1806 E MEDICINE LAKE BLVD MPLS MN 55441 38 23-117-23 32 0046 J & J CAMPE III JOH CAMPE III 15050 SCENIC HEIGHTS RD EDEN PRAIRIE MN 55344 38 23-117-23 32 0050 ROBERT M MCAULIFFE ETAL ROBERT M MCAULIFFE 1806 E MEDICINE LAKE BLVD MPLS MN 55441 38 23-117-23 32 0067 DR JOSEPH G BRENNAN ET AL DR JOSEPH G BRENNAN 6425 INDIAN HILLS RD EDINA MN 55435 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 23-117-23 32 0015 EUGENE A NELSON EUGENE A NELSON 2115 E 36 1/2 ST MPLS MN 55407 38 23-117-23 32 0020 CARLISLE MADSON CARLISLE MADSON 209 SHADY OAK RD HOPKINS MINN 55343 38 23-117-23 32 0044 VIVIAN J NELSON ETAL VIVIAN J NELSON 6009 W 34TH ST MPLS MN 55416 38 23-117-23 32 0047 RONALD N SCHUMEISTER RONALD N SCHUMEISTER 4921 TRILLIUM LA EDINA MN 55435 38 23-117-23 32 0062 SL JOHNSON ET AL DOROTHY R UTTER 6942 W OLIVE APT 39 PEORIA AZ 85345 TOTAL BATCH 003 00034 REPORT NO. PI435401 38 23-117-23 32 0018 T & P HANNA TED R HANNA 14115 KNOLLWAY DRS MINNETONKA MN 55343 38 23-117-23 32 0023 D W PRATT & CA PRATT DANIEL WELLS PRATT 20590 PARK PLACE EXCELSIOR MN 55331 38 23-117-23 32 0045 GUSTAV K ROOS ETAL ROBERT M MCAULIFFE PAGE 5 1806 E MEDICINE LAKE BLVD MPLS MN 55441 38 23-117-23 32 0048 RD COX & BE COX ROBERT D & BARBARA E COX 3947 l4 BROADWAY MPLS MN 55422 38 23-117-23 32 0064 FRED WHALES ET AL FRED WHALES 3711 S ARBOR LA MINNETONKA MN 55343 .. RUN DATE 01/21/85 BATCH 003 JI 2 4 t9t!> CITY OF ORONO #. ~,---~~ "~ ... 0 -~),,-,-,,..~.,,}' HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 6 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATIO N OF INFOR MATION AS IT AP~E RS THIS DATE ON THE RECORDS OF THE HEN NEPIN COU NTY DEPARTMENT OF PR ERTY 7'4XATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF . DATE / ,a@:rf?BY IZ:t;J \, JttA-, \ 38 23-117-23 32 0020 CARL ISlE~DSON 209 SHADY RD · HOPKINS . . N 553 43 JY,P 38 23-117-23 32 0045 ROBERT M ~CAULIFFE l 8 06 E ME D E L AK E BL V D MPLS MN 441 oPf ' 38 23-117-23 32 0050 ROBERT M M AUL F fE 1806 E MED I JE LAKE Bl VD MPLS MN 4 ~- TOTAL LABELS BATCH 003 00034 .. 38 23-117-23 23 0004 CARL ISLE MA SON 209 SHADY 0 HOPKIN S MN do/, 38 23-117-23 32 0007 RO BERT M MCAULIFFE 1806 E MEDIC I W LAKE BLVD MPLS MN 55 4 'f' M . 3 8 . 2 3~ 117 -2 3 3 2 0 011 . 11 MR S VIC TORI A~1 ESON 1 ! 11 31.15 CEDAR AV SO APT 3 MPl,..S MN 55 07 w · ' " 38 23-117-23 32 0002 MR S H R NELSt · 3115 CEDAR A SO 1 P,T -~ MPLS MN 55 7 ~• 38 2-3-117-23 32 0008 1 ROBER T M M AU _ FF E 1806 E MED I · NE LAKE Bl VD MP LS MN 5 1 ~P · 38 23-117-23 32 0012 MR S VI CTORIA ~R ESON 3115 CED AR AV SO APT 3 MPL S MN 55 7 ti,u.,,jJ . 38 23-117-23 32 0043 ROBERT M ~AUL FFE 1806 E MEDI .. · E LAK 7 _BLJP MPLS MN 4 41 ~ . 38 23-117-~3 · 2 0064 FRED W HALES 3711 S ARBOR A JA ,[), MINNE TONKA M 55343 oYJ ; 38 22-11 7-23 41 0001 EUGENE A N E~S 2115 E .36 l . ST MPLS MN 5 't 7 ~- 38 23-llt-23 32 0005 ROBERT M AUL I fi F E 1806 E MED I LAKE B l VD MPLS MN 41 dP-P . 001.3 38 23-111-23 32 0019 EUGENE A ELS Z 115 E 36 2 ST M PLS MN 07 ~- RT-13 from No~ 456304 A. D. 1922 ~ 457005 DISTRICT COURT NC? 2248 Originally registered the 20th dey of April Volume 74 Page 23899 STATE 0 :~fTh~~.SOTA,}&& -~ ~~@l~f.MYl@ll Conno IIENNEPIN. -./,1/7: . t~// 1/ (!//II'.) ~I//i. (1?) /7//',' ,d,P Victoria. Nelson Arneson residing a.t 3740 Minnehaha. in the City of Minneapolis, County of Hennepin and State of Minnesota i~ '/lr<U':•/fie;_.£iff'-tHel· tfiTn-ea ✓uk; #Fa1f-~: ti, /;,r J.(110/l rfrI ✓1.r/~ i1 //f;~/ti,tr,.i~7-r/4.Jrlr/2d,,//,wd,.ri/krrt,hxk~/l·4/2~/ Yritv:tnr,¥ (/l;·N Ht:!/1/~l · a:rd!f~.,£J/9ll-t;,1:,uyJIJ/u,r 4 -<ut:;': 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, M:>rse Island Park, according to the United States Government Survey thereof. :·~::,>. C; f\ ff\ .. ~ 1,·.·,_,.·.· .... ,\ .. ,· .• ·:.l.~,-.·:: .. \,· .. ·.·, •. :.· ..• :.\.·:·~.:._; •. ~.~ •. ',· ,,1_·,_t.i.·_._,_'·,'.·.;:\,:.:r. \.·.;•~.ti.'.:.'.· .. ,. \it\}\\\\\:{/\ l . . , - ., . . / ./'I ,/~ • /,I i // J /'I .. , (j) - DOCUMENT KINDOF" NUNBER INSTRUMENT ... I I I ! ! SEE OVER Victoria Nelson Arneson is of the age of 58 years, is unmarried and is under no disability. fl!/ lf:JIJl!f!6S' lf]l(J!/{t(J/; Jjfav& ,h~iF~t?1;/rr_,,;u/!.;eu/~r/n1~y na NWJI nrl n/flrer/ ✓&,.J~ -~;,-y~,e;//t_j Ninth ~y,,<'/ . September ,.,/# 70 Ben K. Allison , . -- DATEOFINSTR('MENT D.4,TE OF REG/STRA T/ON MONTH 'DAY' YEAR MONTH,OAYI YE.IIR HOUR AMOUNT RUNNING IN FAVOR OF SIGNATURE OF REGISTRAR A.M I ,,.,., I . SC:t;. OVER from No. 456304 A. D. 1922. ~ 4570o6 DISTRICT COURT N'? 2248 Originally regifitered the 20th day of April Volume 74 Page 23899 E. A. Nelson residing at 6009 West 34th Street in the City of Minneapolis, County of Hennepin and State of Minnesota That part of Government Lot 3 lying South of the mst Southerly U ne of Tract 13, Registered Land Survey No. 1294 and North of the Westerly extension of the Northerzy line of Lot 8, M:)rse Island Park, in Section 22, Township 117, Range 23, accordi.'lg to the United States Government Survey thereof. "\r\E ./ . / , / /) / , / // E. A. Nelson is of the age of 35 years, is married to Vivian J. Nelson and is und,~r no disabil.ity. Ben K. Allison J ~ ., . . DOCUM'£NT' KIND OF DATE OF INSTRUMENT DATE OF' REGISTRATION ,' NUMBER II INSTRUMENT MONTH jo,w! YEAR MONTHIDAYI YEAR HOUR AMOUNT I RUNNING IN FAVOR OF SIGNATURE OF REGISTRAR A.M . I ,.,., I ~-J 1· -- t I 17 SE:E OVER SEE OVER u·=-=-···=--=-=··=·--=•==""'=-------=-m-------------------=------ I I I v~ 1514 · ~.!1¥ 4:;7005 I ttrtifiratt I vr@itlt. ' ~~+~ 457005 .•• :;:;:;.$f·' ~ '': .. i/' DISTRICT COURT N'? 2248 Victoria Nelson Arneson I ~ OJJner. I, I' li Ii I !! I f, I' 1' ~ '' :i IMPORTANT In dealing with the land dr.:~r.ri~;r·d in this certificate, the m.r.'lcs of the parties and descrip~ ti•Jn of property should be ex- a::: tly the same as written herein. ~ ~~tt}J ~~ 11 J~~\6.~~~.1?-~ 22-117-23 cb ' ATTENTION DELAY and EXPENSE will be caused by the loss of this , certificate. ·----------------- CONTINUED ·- DOCUMENT KIND OF DATE OF INSTRUMENT DATE OF REGISTRATION NUMBER INSTRUMENT NO/YTH IDAYI YEAR MONTH IDAYI YEAR. HOUR AMOUNT RUNNING IN FAVOR Or I SIGNATURE OF REGISTRAR A,M r."' I I I l l I I' I I I . i I I ' I i I I Le ·-.a.. __ .. -~ .. '!'!l!!·!I•~-. - . -· ~--· ··-~ ~ ~,'"' ! f i I I ' I I ~ 3. I; f I' ii ll ji ~ ii !l i i1 ll ll Ii I/ I tirtifinttt nr@illt. DISTRICT COUF1T N9 __ 2_2 _48 __ A. Nelson IMPORTANT ! n dealing with the land dr:,JriLcd in this certificate, the n -1:r;,:s of the parties and descrip- tio:1 of property should be ex- a. tlv the same as written herein. 22-117-23 cb ATTENTION DELAY and EXPENSE will be caused by the loss of this certificate. CONTINUED .: DOCUMENT KIND OF DATEOFINSTRUME:::i=DATE OF RE:GISTRAT/ON NUMBER INSTRUMENT' MONTH I DAY I YEA TH lDAYI YEAR HOUR AMOUNT RUNNING IN FAVOR OF" SIGNATURE OF REGISTRAR ff "·"" I ,,,., II -- I I I ! j I I ... .. I I I --~" .... ------':1'.' -. ~=--~=-..::i~ . .::.-:·=:r• .. t~""~ I ::--.,............. a.....:::nn= -... -......,.......,~~--·-~~--·- l't--""-t---~---~-~(~~::.~~~,.: .__,;TJ . ¼. eve/ 1~. (,_( --; z..-coo ( - CM? -:--):-. -- I 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.'ILDIJ\G & ZO"I'.\C -473-7357 ASSESSI'.\C . .\DMI'.\ISTRATIO'-: & Fl'-:A1-;Cls --473-7358 • PL'BLIC WORKS 473-7359 Mr. J2y T. Smedberg Page 2 March 8, 1985 3. On May 17, 1983, Alan Olson sent a letter to Victoria Arneson and Mrs. R.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. 5. 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 _ey unimproved rights-of-way) are owned in common or become owned in common, they shall in total become a 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, / / . ·· rl }"' ./ / /(,,L.,C ·-·- 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 § 10.31 G. Permit Limitations. A permit issued under this Subdivision shall not grant or vest any property rights to use of the public right-of-way or other public property, or in any improvements made thereto. Permits issued under this Subdivision shall be valid for one year, shall be subject to change, alteration or revocation for cause by the Council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the City to the permittee at least thirty days prior to the anniversary date. H. Hold Harmless. As a condition of issuance of any permit, the applicant shall in writing release, indemnify and hold harmless the City from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or his invitees. I. Permit Hearing and Noti-ce. The Planning Commission or the Council shall hold a public hearing or hearings on ·each application for a permit. Notice of the public hearing shall be given not less than ten days or more than thirty days prior to the date of the hearing by publication in the legal newspaper for the City. Such notice shall contain the description of the land and the proposed use. At least ten days before the hearing, the City Clerk shall mail an identical notice to the applicant and to each of the property owners within 350 feet of the outside boundaries of the land in question. Failure of the property owners to receive notice shall not invalidate the proceedings. At the public hearing, the Planning Commission or the Council shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. Subd. 6. Lot Area Requirements. Within any "RS" Seasonal Recreational District, no new lot or parcel shall be created less than 5.0 acres in dry buildable lot area exclusive of any designated wetlands. Within any "RS" Seasonal Recreational District, the following provisions shall govern the buildabili ty, use and/or subdivision of each existing record lot as defined and identified therein: A. Record Lot Definition. For purposes of the "RS" Seasonal Recreational District, a "record lot" shall mean all the contiguous or abutting land owned in common by the same person or persons as of November 9, 1981, or at any time such common ownership may occur thereafter, including one or more separately platted lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on the islands, also included within the definition of a "record lot" is commonly-owned land that is contiguous except for being separated only by platted ORONO CC 313 (4-1-84) § 10. 31 unopened public right-of-way. Each record lot as defined and identified herein shall be considered in its entirety to be one lot for zoning purposes. 1. The effective date for determination of common ownership is November 9, 1981, the date of adoption of Ordinance No. 238 establishing a moratorium on development, including land subdivision, on the Lake Minnetonka Islands. Common ownership as of that date has been and shall be determined by the deeds of record at the Hennepin County Recorder's Office. This definition shall not preclude the City from recognizing or enforcing the common ownership/lot of record provisions of Ordinance No. 172, or any other similar prior ordinance. 2. The Council has identified and hereby establishes 69 record lots on Big Island, Mahpiyata Island and Deering Island as listed by Record Lot Number in the left-hand column of Subparagraphs D, E, F and G of this Subdivision. Each such record lot shall include all land identified by all tax parcel property identification numbers (PID's) grouped together following the Record Lot Number. 3. Within sixty days after adoption of this Section, the owner of each record lot shall be notified in writing at his last recorded address of the classification of each record lot, including all tax parcels determined to be included in such record lot. All existing uses in the "RS" District are identified in the Record Lot Inventory, Subparagraphs D, E, F and G of this Subdivision, and all such uses have been deemed to be seasonal in nature. The notice shall provide that in order to receive the~ benefits of the automatic lot area variances granted by X Subparagraphs F and Hof this Subdivision, the owner shall on a form provided by the City acknowledge the record lot and shall apply for combination of all separate tax parcels pursuant to Subparagraph B of this Subdivision. Any record lot owner may appeal the record lot classification or use determination to the Council with no application fee required within six months of the effective date of this Section. The Record Lot Inventory shall be considered accurate and final for all properties except those found on appeal to have a demonstrable cause for change or adjustment. 4. Notice of record lot establishment as determined herein shall be filed by the City in the chain of title of each property. 5. Future changes in tax parcel property identification numbers caused by combination of parcels for tax purposes or for any other reason shall not alter the establishment of record lots listed hereinafter. New record lots shall be created only by Council approved subdivisions pursuant to Subparagraph C of this Subdivision, or by combination of two or more complete record lots listed hereinafter. ORONO CC 314 (4-1-84) § 10. 31 B. Tax Parcel Combination Required. No new building permit, variance or conditional use permit shall be issued for any purpose on any record lot composed of two or more tax parcels unless or until the owner of such record lot shall apply for a formal combination of all commonly-owned property into one parcel. If contiguous, all property shall be combined into one tax parcel. If separated by public right-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. C. Subdivision of Record Lots. All record lots established in this Subdivision shall be continued in common L ownership and shall not be subdivided, sold in parts, reduced in X area, leased or otherwise separated without application for and Council approval of a "subdivision" in accordance with the Subdivision Regulations Chapter. Such subdivisions will normally be approved and additional new record lots created only if all resulting lots are each 5.0 acres of dry-buildable lot area or more. No existing record lot shall be divided or reduced in area to less than 5.0 acres of dry-buildable lot area, except as follows: 1. Lot line rearrangements between abutting properties that do not create an additional building site will normally be approved. 2. Separation of platted lots divided by public rights-of-way may be approved provided the separated lot is combined with other abutting property to enlarge said property without necessarily creating an additional substandard building site. D. Subdividable Record Lot Inventory. The following record lots are hereby established, each of which is determined to have a dry-buildable lot area in excess of 10.0 acres per owner. Therefore, each of the following record lots may be subdivided into two or more lots in conformance with the minimum lot area requirements of this Subdivision subject to subdivision application and approval pursuant to Subparagraph C of this Subdivision and to the Subdivision Regulations Chapter. Record lots are identified by Record Lot Number, and each includes all property identified thereafter by the listed tax parcel property identification numbers: ORONO CC 315 (4-1-84) Record -Lot No. 4) 5) 6) Location Big Island Big Island Big Island Tax Parcels in Common Ownership 22-117-23 13 0001 0005 22-117-23 42 0001 22-117-23 14 0002 22-117-23 31 0001 § 10.31 Combined Exist. Dry Acre. Use 19. 8 SR 9.0 6.3 CUP SD Deering Island 18-117-23 31 0001 .6 .5 .. ~'.,,.,-,-"".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 7) 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 Ownership 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 0032 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 -~~~ ' ,~ itilll !iil!i:iil ~~ 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) February 15, 1983 R.eco rd. Lo_t f!l 6. Mrs. H.K. Nelson Mrs. Victoria Ar~eson 3115 Cedar Ave. So. Apt #3. Minneapolis, ~N 55407 i Dear Islaad Landowner: CITY of-ORONO Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka <JC The purpose of this letter is to provide you with information regarding the recent zoning changes on Big Island, and how these changes may affect your property. The new RS Seasonal Recreational zoning regulations were established by City Council adoption of Ordinance #246 on December 30, 1982. This action also ended the development moratorium that had been in effect since November 9, 1981. A summary of the ordinance is attached. If you are interested, a complete text of the ordinance is also available for a nominal charge of $3.00 to defer printing and mailing costs. Your property is identified in the ordinance by the Record Lot Number shown above and on the attached blue page. This identification is part of a special section that inventories lot by lot the ownership patterns and existing uses of island property. Based on this record, the ordinance then "grand fat he r s'" bu i 1 ding right s for these Record Lo t s by making them eligible for lot area variances. This means that for the first time even if your lot is less than f~ve acres (or two acres under the previous ordinance) that you may now build a new seasonal cabin, or if you already have a cabin,that it may continue to be used, improved, added-onto or replaced with a new cabin, subject to building permits and setback regulations, etc., but without questioning its use for building purposes, and without requiring any special City Council review. In order for you to automatically receive the benefits of the lot area variance, you should review and complete the following before July 1, 1983: l 1. Please verify the Record Lot information on the attached blue page and notify the City if there is a problem or a change. BUILDING & ZONING -473-7357 ASSESSING • ADMINISTRATION & FINANCE -473-7358 (over) • PUBLIC WORKS -473-7359 Island Landowners February 15, 1983 Page 2 2. If the Record Lot information is complete, please sign, have notarized and return the white Variance Resolution. State law requires that all zoning variances be recorded with the County Recorder in resolution form. Returning this resolution is optional, but if you choose not to do so, you may be required to pay a fee and file a formal variance application in the future if you ever plan to do any building on the property. There is no fee for having this automatic variance recorded at this time. 3. If your Record Lot consists of two or more separate tax parcels, a green form for requesting a combined assessment is enclosed. Please sign and return this to the City to allow your tax records to be changed into one parcel consistent with the zoning and to assure the most favorable tax rate possible. ·/4. A conditional use permit issued by the City Council is required for certain land uses in the RS District, including the following residential uses: a) If you use or have used your cabin FOR MORE THAN 180 DAYS/YEAR. b) If you have MORE THAN ONE CABIN on your property. Refer to the enclosed yellow sheet for a definition of these uies including a description of when a special permit is or is not required. If you wish to apply for a permit, mark the yellow page and return it to the City. We will send you_ the appropriate application form by return mail. , A postage-paid envelope is enclosed for your use in returning the above forms to the City. If you have any questions about this, please call Alan Olson or Jeanne Mabusth at 473-7357. On behalf of the City Council and Planning Commission, I want to take this opportunity to thank each and everyone of you whose interest and pa~ticipation this past year has helped so much in the completion of this planning process. I have certainly enjoyed meeting all of you and learning so much about your island. I hope this last step can be kept as· simple as possible so that your property rights can be correctly recorded for your future benefit. sf/je; __ -~~:~ {. Olson City Planner Enclosures /'.~· .. ·:.·.:::, .. 0 CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota ?5323•Municip::il Offices '"~:~iil".1·· :~;J oh w ,~.1 · -~~~1itcf f{.Fl'~ .. On the North Shore of Lake Minnetonka ORDINANCE NO. 246 RS SEASONAL RECREATIONAL ZONING OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1983 473-7357 This notice is provided to the owner/taxpayer of record according to Ordinance #246, Section 34.336. The following Record Lot classification will be considered accurate and final unless you have some reason to dispute the facts used to make the classification. Re.cord Lot identification forms the basis for the granting of automatic lot area variances that "Grandfather" existing properties of less than 5 acres in area. RECORD LOT means all the contiguous or abutting land owned in common by the same person or persons as of November 9, 1981, (the effective date of the island moratorium) or at any time such common-ownership may occur thereafter, including one or more separately platted lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on the islands, also included within the definition of a "Record Lot" is commonly-owned land that is contiguous except for being separated only by platted unopened public right-of-way. 1M-~~r~ .1 <rl_ f{(e~ son ·: 1 Mrs. Victoria Arneson .3115 Cedar Ave. So. Apt #3 :Minneapolis, MN 55407 AP?ROXI!1ATE SIZE~ACRES & CLASSIFICATION: (size is exclusive of any wetlands) OVER 10 ACRES, (may be SUBDIVIDABLE) --OVER 5 ACRES, but LESS THAN 10 ACRES --(conforming but not SUBDIVIDA)>LE), _,.X_sUBSTANDARD/BUILDABLE (less than 5 acres; a new seasonal cabin may be built, or an existing seasonal cabin may be improved, ·added-onto or replaced, subject to setbacks, permits, etc., but without requiring further City Council review) UNBUILDABLE (means a vacant lot of less than --1/2 acre; may be used for recreational purposes without a cabin, but requires a Council approved variance to be built on) This RECORD LOT consists of as follows: /23 -/17 2$ }12 :;:~~ -//7-;;?. 3 J;? C)O(O ,;)'3 --I /7 -'J., ;2. ()0// :23-!/?-;2-'3 ;:2 t)O I :l.._ ;)''3-//7 -~3 "3':2 EXISTING USE CLASSIFICATION tax parcel(s) /-1 RS. /.I, R, N£LSoA.I V, Al EL t;o,J RECREATIONAL USE m;LY (without a cabin) ~SEASONAL CABIN, used 180 days or less/year (if your cabin is used more than 180 <lays/ year, please complete the YELLOW application) Seasonal Cabin plus a PRIVATE GUEST CABIN Other CONDITIONAL USE PLEASE VERIFY THE ACCURACY OF -THE ABOVE INFORMATION. If there please mark the correction and return this page to the City in paid envelope. We want this permanent record., ;o be correct . is an error or a change, the enclosed postage- .. IF YOU WISH TO CHALLENGE THE RECORD LOT.DETERMINATION AND/.OR THE CLASSIFICATION OF YOUR PROPERTY, you must file a -formal .writt~ri appeal before July 1, 1983 ; or the record lot will remain classified as ab'ove. Sign below and return along with a separate letter stating the problem and facts supporfing· any_ change. Additional information may be requested to verify any challenge such as surveys, utility bills, copies of recorded •deeds, etc. .,. Owner/Taxpayer Date Phone City of ORONO RESOLUTION OF THE CITY COUNCIL NO. APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO lb PURSUANT TO ORDINANCE N0.246, SECTION 34.366 BE IT RESOLVED by the City Council of Orono, Hennepin County, Minnesota: FINDINGS 1. That __ -----,-___________________________ is (are) the owner(s)/taxpayer(s) of record of the following described property located within the RS Seasonal Recreational Zoning District of the City: Lots 6, 7, & 8 and Lot C, Morse Island Park; and the north one-half of Lot 7, Morse Island Park, Second Addition, Hennepin County, Minnesota 2. That in adoption of Ordinance No. 246, the City Council reviewed ownership, development ~nd 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 use in the RS District without adverse affect upon public health, safety, or welfare. CONCLUSION The City Council of Orono hereby grants a lot area variance to the above described RECORD LOT based on the above findings and subject to the following Condit~ons: 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. f' : 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 (l) 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 0 CITY of OR6Nt,-·--·-~~ Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka PLEASE COMPLETE Al\1D RETURN THIS FORM TO THE CITY OF ORONO in the attached postage-paid envelope. Doing this will result in combining your separate tax parcels into one parcel for assessing purposes consistent with the current RS zoning. TO: Vernon T. Hoppe Finance Division Director 603 Administration Tower Government Center Minneapolis, Mn. 55487 DEAR SIR: ,1983 --------,----(please date) I HEREBY MAKE A REQUEST FOR A COMBINED ASSESSMENT ON THE FOLLOWING DESCRIBED LM1D (all of which combined are identifed as Orono Record Lot No. /6 ): ,23-1/7-2 3 22 0<244 ;23 -/17 -P:3 .23-//7 -.23 3;z (2tJ/ 0 ~ I 3;;.. 0 0 ! I V. Alt./J£GON CITY NO. 38 FOR 1983 TAX YEAR Signature of Fee Owner Signature of Taxpayer (if different) Taxpayer's Mailing Address (OFFICE USE ONLY) COMBINED CURRENT VALUES .. . HOR AGR EXMP. LAND BUILDING MACHINE TOTAL FULL TOTAL N. H. ·-.-AND TRUE ASSESSED .. BUILDING & ZONll"\G -473-7357 • ADMINISTRATION & FINANCE -473-7358 • PL'BLIC WORKS -473-7359 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 information. 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 qesire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 19, 1985 PAGE 3 EUGENE NELSON BIG ISLAND RECORD LOT #16 & 22 LOT LINE REARRANGEMENT SUBDIVISION 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. Mabusth 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 ) . Pl~nning Commission isked 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 Mabus th noted the affidavit of publication. Mabus th explained the the Department of Natural Resources (DNR) has setforth different setback standards ior specific lakes and a drainageway within the City. Rovegno asked staff to find where it requires the City to adopt the DNR's regulations. To: Planning Commission From: Michael P. Gaffron, Assistant Zoning Administrator Date: February 11, 198,K 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 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 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 inc 1 udes some errors in that Paree 1 s 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 N0-2Q__ PURSUANT TO ORDINANCE N0.246, SECTION 34.366 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 & r-lNANCE -473-7358 • PL'BLJCWORKS -473-7359 Ms. Judy Frornmes 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 lakeihore 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. Michael P. Gaffron Assistant Zoning Administrator ns CITY of ORONO l'osl Office Box (i(i • Crystal Bay, Minne,;ota 55:32:l • Municipal Offices May 17, 1983 Mrs. Victoria Arneson Mrs. H. R. Nelson On the North Shore of Lahe Minnetonha 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 inforrnaiton 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. BUILDINC & ZONINC -173-7357 • AmttNISTRATION & FINANCE --173-7358 • PUBLIC WORKS -473-7359 ASSESS INC 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. Thank you for your assistance. Sincerely, // ,//?;!a-~-- Alan P. Olson City Planner APO/msw Vivian Nelson 5009 W. 34th Street Minneapolis, Mn. 55416 Affidavit of Publication State of Minnesota County of Hennepin ) )SS . ) /4,, ILL f AUf lf, ,¼ L"f .;~ '"'' ~·· •. _ "'""" ~~ ;, ~ pu blisher or authorized agent and em ployee of the publishe r of the newspape r known as The Laker a nd has full knowledge of the facts whic h are staled be low : (A) The news paper has complied with all o f the re qu ireme nt s constituti ng qualifi cati o n as a legal news pape r , as provided by Minncsola Stat utes 33 1.02. 33 1.06, and o the r a ppl ii.:able laws . (B) The primed __ _..L.M_:;___;o:;_n-'--a-=-=-'---;;J"'-'-'F __ it-j<-~-----'-~-'-'----;./_9_,____ _____ _ wh ic h is attac hed was cut f ro m the co l um ns of said newspaper . and was p r inted an d publ is hed once each week, fo r ~uccessive on -eer: ~ ---75 J"J -- weeks: it was fi rst pu bl ished the :, day o[ ~ .. 19 and was thereafter printed and publ ished o n every _______ ,to . and in cl ud in,,;--------• the _______ day of . • 19 ______ Printed bel ow is a copy of the lower case alphabet fro m A to Z, both incl usive, wh ich is here by acknowl edged as being the s ize and kind o f type used in the composi tion and pu bli cati on of the notice: By:~z _--,~~--k~nopqr-st uvwxyz~L _, k __ Titl e: S ubsc ribed and sworn to befo re me ,-,,,, 6 f-el!. on th~ day of &-2 &---i.A NoJry Publ ic , CITY OF OIIOHO "'OT ICI The 'Planning Commission wni hold a Public Hearing in the Council Chambers at 1275 South Brown Road on Tuesday , February 19 , 1985. at 7 :45 p .m. on the matter of Eugene Nelson 's application tor a proposed -Class I Subdivision of e lot line re11rrangement of properties located on Big Island withli, lhe Morse Island Park Plat . An persons wishing to be heard will appear at this time . Written comments are solicited. Plans are available tor rev iew in the City offices. City ot Orono By : Plann ing Commission J ean Mal)usth, BulldJng & Zoning Admlrlistrator (Published in The Laker Feb . 5 , 1985) :s; CERTIFICATE OF MAILING STATE OF MINNESOTA) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) this In Witness Whereof, I have hereunto set my hand and seal ,3/ ~ day of 9« oua__r½ M 8 2L· Pam 5 CA-z½--- Jeann ... A Msibusth , 3onillg Admini£t :r ato:r: Pa-m Suf!-C'r)/ 017; Xt:{2L)rc/er (SEAL) CITY OF ORONO NOTICE The Planning Commission will hold a Public Hearing in the Council Chambers at 1275 South Brown Road on Tuesday, February 19, 1985, at 7:45 p.m. on the matter of Eugene Nelson's application for a proposed Class I Subdivision of a lot line rearrangement of properties located on Big Island within the Morse Island Park Plat. Al 1 persons wishing to be heard wi 11 appear at this time. Written comments are solicited. in the City offices. City of Orono By: Planning Commission Plans are available for review To be published the week of February 4, 1985 './. 1/4 C ... I -r ..; ... or.Sec.23 .. zn_:.:··· ! •• :1· i- •• . -< . I. >-' ' ~- - ·. I i: . . • . . . .-......... -. i)~. \ . , ~ ' _. \ . ~ " \, '-,, '· I ::J; ,. ; . •. I· • ~· ·• ··. ·. ·.··· . '" .. / •·. ~~" .... -.·•· . ,./FJ '2 4 , 2 3 •. _:,·_;_\ .:.·. ·.-·.: .· ·.·rr ........ ; ·/'{ ,_ ...... ;, ·.:. : ... • .·{:-'\.: . .. '! I :.: • • •·. • ' • ~• . ., . ; .· . . .. :~ . ri-; • . ~ \.. r . ,,, .. -~ • I ..:~. :_ : : · ... ~· .. .·-•·;;, .. ._:.-_::, I For CITY OF ORONO P.O. BOX 66 CRYSTAL "BAY, MN 55321// TELEPHONE : 473-7358 / Fund Object Program Div . Amount GENERAL RECEIPT D c..> ~MT· V OF fl~~~.~~ ~8 11 yffq~~ .. ~u P.O. BOX 66 CRYSTAL BAY, MN 55323 µ1 L:~: ~ ---~~1.-" ::.-: ~=jj I, fr />i r ~ (~:? I~ n W7 rs//:ll '~i FEB-6191fj '1 I CITY OF ORONOiill'°', 1'--\ ~"' tl"M"ov Ei 7(: .. ?V71'.\i-~~i;\G · 1 :~i ~,/ ·;:;;;;,°,~;,lt=I! -...:i,,, .... __ .. _. ...... ._.,,..,..._ .,,.__~ ........ -·~·-•·,-. ~.,..,_---... II..- #YJ79 38 23-117-23 23 0 028 GE ORG I A ·RUUD 1361 1 VA LL EY VI EW RD EDEN PRAIR I E MN 55344 .,(at .~,:7'°{!:.,y·•··•1 ·-------- MIID 121 STATE BOARD OF' HEALTH r the water supply system), to a boiler or heating system, or to any devices or equipment requiring water to operate. Water Service Pipe. The pipe from the water main or other source of water supply to the water distributing system of the building served. Water Supply System. The water service pipe, the water distributing pipes, and the necessary connecting pipes, fittings, control valves, and all appurtenances within the building or outside the building within the property lines. I l Wet Vent. A vent which also serves as a drain. Yoke Vent. A yoke vent is a pipe connecting upward from a soil or waste stack to a vent stack for the purpose of preventing pressure changes in the stacks. · MHD 122 General Regulations (a) Grades of Horizontal Piping. (See MHD 131(b)(l) and Table 131 (a)(2)(A). (b) Changes of Direction. (See MHD 13l(b)(2)). (c) Prohibited Fittings. (See MHD 13 l(b)(3)). (d) Protection of Material. All pipes passing under or through walls shall be protected from breakage. All pipes passing through or in contact with cinder, concrete or other corrosive material shall be protected against ex- ternal corrosion by protective coating, wrapping, or other means that will resist such corrosion. (e) Workmanship. Workmanship shall be of such character as to secure fully the results sought to be obtained in all sections of the code. (f) Exclusion of Materials Detrimental to Drainage System. (See MHD 129(d)). (g) Use of Public Sewer and Water Systems Required. (1) Where a public sewer is accessible in a street or alley to a building or premises and the connection is feasible, liquid wastes from any plumb- ing system in said building shall be discharged into the public sewer unless · otherwise prohibited by this code or local ordinance. (2) Where a public water supply system is accessible, the water dis- tribution system shall be connected to it unless otherwise permitted by the Administrative Authority. (3) Where either a public sewer or water supply system or both· are J not available, an individual water supply or sewage disposal system/or both, conforming to the published standards of the Administrative Authority ( 4. \ shall be provided. . . . -it~ (b) Conformance with Code . . ~ (1) New Buildings. AJl plumbing materials and plumbing· systems ' \ q ~ ')_ or parts thereof shall be installed to meet the minimlJ.!l). provisions of this code. (2) Existing Buildings. In existmg buildings or premises in which plumbing installations are to be altered, renovated or replaced, such new roateriais fill~ v:orl.: sb:.!l n:"PP.! tbe rirovisions of this code. Where the Ad- 14 ·.) -~ :: . ... :: ::·-· ,.;·.· <.-:; : .. -.... • .. . -:· .. : . :-:• . •. ·.·.:· .. :·:·:. ·.····:~::-;·' ···•. ·.;; .: .•:- •. : . ·~ ---:·: _.-·. -·:·;:.:: .. -.,.:.-· ·--:-:. -:;_ . : ..• -, ·=:,:,:?:=:t?_'.'.'.;=:=;;=:=:::=:::;:;:,:::=:•<:'=':''';':··:::•::·::::::-·:·.·•::'··'::'···='=·,~•-:,.-.•:•::=·/:·::•'··'=-:::•_':·:=;:=_:·=·,':·:·,::·:',;.·.:::,::.:::,•.·.:.'.':::<'.'.'.'.:.:'.',:.:'.'.:;:::'.'.\'.;·'.~::;'./:::.;;:::,~_:,;.':>;'.::::::,,:::;·;::~:;:'..;,;,:.;::·:::;'.:::;::'.;::,;;:,.·,;:::.::;,;;;.:::,,:,,,, .-.-:•.•. ·:•.::.: .... --·-·••·; . . . :-·. :-·,: ~--;_: : · .. : ... •--:····: --.: !f L ;;2Q cJ~ -117 -d3 YI (JzJJf V/c_lo-u L /1:Jdb~ ,JP /ff/JI~ ()h(hJ 5 r, ()_8° - pl tJ//;)fr - ~~ IYlc/!lou__J- PtX-<t ~ )d_-5 (IMPORTANT MESSAGE) FOR ___________________ _ A.M. 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