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HomeMy WebLinkAbout#10-3451 Recorded Resolution 5922flo~~ II II 1111111111111111 Doc No T4787704 Certified, filed and/or recorded on 9/13/10 4:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 40 Pkg ID 654666 Doc Name: Resolution Document Recording Fee Document Total Existing Certs 1108546 This cover sheet is now a permanent part of the recorded document. $46.00 $46.00 New Certs Doc No A9552568 Certified filed and/or recorded on 8/27/10 4:30 PM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L Alverson, County Auditor and Treasurer Deputy 4 Pkg ID 650483 Doc Name: Resolution Document Recording Fee $46 .00 Document Total $46 .00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO. 22 PURSUANT TO ORONO CODE SECTION 78-563 FILE NO. 10-3451 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 9 2 2 A RESOLUTION APPROVING A LOT AREA VARIAN CE FOR RECORD LOT NO. 22 PURSUANT TO ORONO CODE SECTION 78-563 F IL E N O. 10 -34 5 :l WHEREAS, the following property, also known as 470 Big Island, is situated on Big Island and is zoned RS Seasonal Recreational: r--:5 t That part of Government Lot 3 , Section 22 , Township 117 , Ran ge 23, Hennepin County , j ~i Minnesota , lying northerly of the westerly extension of the south line of Lot 9 , Morse Island Park, -.c.accordin g to the recorded plat thereof and southerly of a line described as beginning at a point on ~ 't' the east line of said Government Lot 3, distant 260.00 feet south of the East Quaiier corner of said i ~ Section 22 ; thenc e southwesterly defl ecting to the right 60 degrees to the shore of Lake 1-Minn etonka and said line there terminating and and; Lots 9, 10 , and 11 , Morse Island Park , according to the recorded pl at thereof, Hennepin County , Minnesota WHEREAS, in adopting the RS Seasonal Recreation zoning district regulations . the City Council reviewed ownership, development and use patterns on Big Island and dete1mined that all the above described property combined is and shall hereinafter and hencefo1th be one "Record Lot" as defined by Orono Code Section 78-568; and WHEREAS, an application was filed for a lot area variance as outlined in Orono Cod e S ection 78-563(a)(2); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on February 16 , 2010, at which times all persons desiring to be heard concerning this applic ation were given the opportunity to speak thereon. Page 1 of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 9 2 2 . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS This application 'i~'as rcvicw,~d as Zoning File #10-3451 2. The Planning Commission reviewed this application on Febrnary 16, 2010, and on a vote of 5 -0 recommended approval of the variance. 3. The above described property when combined as one Record Lot is still less than the minimum lot size required for new lots in the RS district, but this Record Lot is being used and may be used in the future for any permitted use in the RS District without adverse affect upon public health, safety, or welfare. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the above described Record Lot subject to the following conditions: 1. This Record Lot including all the above described property shall 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 othenvise separated without approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete Record Lot as a single unit or the merging by tax parcel combination of this Record Lot with one or more other Record Lots as long as the merging results in a reduction in the number of Record Lots. 2. Granting this variance means this Record Lot may be used for one-family seasonal recreational use without a strncture or the existing dwelling may be used, improved, enlarged, or replaced without requiring fmiher City Council review of lot size, but subject to compliance with all building pe1mit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. Page 2 of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 9 2 2 3. Violation of or non-compliance with any of the te1111s and conditions of this resolution shall constitute a violation of the zoning code, shall automatically te1111inate any authority granted herein, and shall be punishable as a misdemeanor. I.; ,., · ·· A dopterl. by the Orono Ci ty Cou11cil on thi s 8 th clay ofivfarch, 2010 . Page 3 of 3 . I STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting ofthe Orono City Council on March 8, 2010, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 11 th day of March , 2010. City Clerk