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Home My WebLink AboutProject PacketCITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Christine Deggendorf 3615 -145 th Avenue NW Andover MN 55304 ZONING FILE #10-3449 NOTICE OF COUNCIL ACTION DATE OF NOTICE: March 9, 2010 COPIES: TYPE OF APPLICATION: Lot Area Variance for 750 Big Island DATE OF MEETING: March 8, 2010 VOTE: 6 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. The resolution will be recorded with Hennepin County. You will be sent a copy of the recorded document for your files. If you have questions please call Evelyn Turner, City Planner, at 952-249- 4623. MINUTES OF THE ORONO CITY COUNCIL MEETING (PU C COMMENTS, Continued) Monday, March 8, 2010 7:00 o'clock p.m. Mr. LaQuey s ed he would like to talk about evidence based practice and outcomes. Mayor White pointed t that the City of Orono does not deal with public health re issues and that those comments would not be a wed. White requested Mr. LaQuey make comme s that are germane to the business of the City . Mr. LaQuey indicated they are pubh comments and that in his vie ey are germane . Mr. LaQuey asked if he is being denied the opportunity to sp k on this topic. Mayor White indicated he is denying that requ PLANNING DEPARTMENT REPORT *3. #10-3445 CLIFFORD AND BARB , 2695 CASCO POINT ROAD - VARIAN CE -RESOLUTION NO. 591 Murphy moved, McMillan secon cl, to adopt RESOLUTION NO. 18, a Resolution Granting Variances to Municipal Zonin ode Sections 78-1279(1) and (6) 78-1 and 78-1405(6), for the Property Located at 2695 C sco Point Road. VOTE: Ayes 4, Nays 0. *4. #10-3448 CIT OF ORONO ON BEHALF OF LANI S. PENNINGTON, 30 BIG ISLAND - VARIAN CE -LUTION NO. 5919 Murphy m ed, McMillan seconded, to adopt RESOLUTION NO. 5919, a Resolution App ·oving a Lot Area V ance for Record Lot No. 10 Pursuant to Orono Code Section 78-563. VOTE: Ayes 4, Nays 0. *5. #10-3449 CITY OF ORONO ON BEHEALF OF CHRISTINE DEGGE~1DORF, 750 BIG ISLAI\1D -VARIAN CE -RESOLUTION NO . 5920 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5920, a Resolution Approving a Lot Area Variance for Record Lot No. 62 Pursuant to Orono Code Section 78-563. VOTE: Ayes 4, Nays 0. * #10-~450 CITY OF ORONO ON B,XJ\L_A.r,._uF OF VC MCCLE AND -VARIAN CE -RESO IO NO. 5921 McMillan seco ed, to adopt RES ecord L No. 61 Pursuant to Oro AND CAH CLANCY, 3 N BOL S, 470 BIG Murphy oved, McMillan secon d, t dopt RESOLUTION NO. 2, a Resolution Approving a ot Are ariance for Record Lot No. ursuant to Orono Code S,e tion 78-563. VOTE: Ayes 4, Nays 0. Page 2 of23 /, .. REQUEST FOR COUNCIL ACTION Date: March 8, 2010 Item No . .5-8 Department Approval: Agenda Section: Planning Department Report Name: Evelyn Turner Title: City Planner Item Description: #10-3448 City of Orono on Behalf of Lani S . Pennington et al. 130 Big Island (Record Lot 10) #10-3449 City of Orono on behalf of Christine Deggendorf 750 Big Island (Record Lot 62) #10-3450 City of Orono on behalf of V.C. McClellan and C.A.H. Clancy 350 Big Island (Record Lot 61) #10-3451 City of Orono on behalf of Christopher Johnson Bollis 4 70 Big Island (Record Lot 22) #10-3452 Fred A. Bruntjen 240/250 Big Island (Record Lot 63 and Record Lot 67) Lot Area Variances -Resolutions Zoning District: Seasonal Recreation (RS) Minimum Lot Area: 5 acre List of Exhibits: A. Draft Resolutions B. PC Memo & Draft Minutes of February 16 , 2010 Application Summary Lot area variances are requested for five Big Island prope11ies . Background In 1983 the minimum lot size on Big Island was increased from two acres to five acres. As pai1 of the process Record Lots were established based on ownership and use. Lots less than five acres in size were designated buildable or unbuildable. To maintain the buildable status property owners were offered the oppo11unity to apply for a lot area variance. About a year ago Staff began to review the files on Big Island properties as the first step toward updating the Seasonal Recreational zoning district regulations. Five unprocessed applications for the lot area variance were found . One, for 340 , was approved in January in conjunction with the vacation ofMassassoit Avenue. Mr. Bruntjen applied after he was informed of the elgibility of his combined properties. Planning Commission Recommendation On February 16, 2010, Planning Commission voted 5 to Oto recommend approval of the variances. Planning Staff Recommendation Approval of the variances per the attached Resolutions. COUNCIL ACTION REQUESTED Adopt or amend the attached resolutions subject to the following conditions: # 10-3448 -3452 March 8, 2010 Page 2 of2 1. The resolution regarding # 10-3451 is to be recorded with a Special Lot Combination Agreement. 2. The resolution regarding #10-3452 is not to be recorded until a tax parcel combination is received. A RESOLUTION APPROVING A LOT AREA VARIAN CE FOR RECORD LOT NO. 10 PURSUANT TO ORONO CODE SECTION 78-563 Council Exhibit A-l WHEREAS, the following property, also known as 130 Big Island, is situated on Big Island and is zoned RS Seasonal Recreational: That part of Lot B, Morse Island Park lying northerly of a line drawn from a point on the west line of said Lot B distant 554 feet south of the Northwest comer of said Lot B, to the Northwest comer of Lot 38, said Morse Island Park, Hennepin County, Minnesota and; WHEREAS, in adopting the RS Seasonal Recreation zoning district regulations the City Council reviewed ownership, development and use patterns on Big Island and determined that all the above described property combined is and shall hereinafter and henceforth be one "Record Lot" as defined by Orono Code Section 78-568; and WHEREAS, an application was filed for a lot area variance as outlined in Orono Code Section 78-563(a)(2); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on February 16, 2010, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File # 10-3448. 2. The Planning Commission reviewed this application on February 16, 2010, and on a vote of 5 -0 recommended approval of the variance. 3. The above described property is 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 Page 1 of2 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. It shall not be subdivided, sold in parts, reduced in area or otherwise separated without approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete Record Lot as a single unit or the merging by tax 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 structure or the existing dwelling may be used, improved, enlarged, or replaced without requiring further City Council review of lot size, but subject to compliance with all building permit, setback hardcover, on- site sewage treatment and other performance standards for development in the RS District. 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor Adopted by the Orono City Council on this 8th day of March, 2010. ATTEST: Linda S. Vee, City Clerk James M. White, Mayor Page 2 of2 A RESOLUTION APPROVING A LOT AREA VARIAN CE FOR RECORD LOT NO. 62 PURSUANT TO ORONO CODE SECTION 78-563 Council Exhibit A -2., WHEREAS, the following property, also known as 750 Big Island, is situated on Big Island and is zoned RS Seasonal Recreational: Lot 47, Morse Island Park, Hennepin County, Minnesota and; WHEREAS, in adopting the RS Seasonal Recreation zoning district regulations the City Council reviewed ownership, development and use patterns on Big Island and determined that all the above described property combined is and shall hereinafter and henceforth be one "Record Lot" as defined by Orono Code Section 78-568; and WHEREAS, an application was filed for a lot area variance as outlined in Orono Code Section 78-563(a)(2); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on February 16, 2010, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #10-3449. 2. The Planning Commission reviewed this application on February 16, 2010, and on a vote of 5 -0 recommended approval of the variance. 3. The above described property is 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. Page 1 of 2 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. It shall not be subdivided, sold in parts, reduced in area or otherwise separated without approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete Record Lot as a single unit or the merging by tax 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 structure or the existing dwelling may be used, improved, enlarged, or replaced without requiring further City Council review of lot size, but subject to compliance with all building pe1mit, setback hardcover, on- site sewage treatment and other performance standards for development in the RS District. 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor Adopted by the Orono City Council on this 8th day of March, 2010. ATTEST: Linda S. Vee, City Clerk James M. White, Mayor Page 2 of2 A RESOLUTION APPROVING A LOT AREA VARIAN CE FOR RECORD LOT NO. 61 PURSUANT TO ORONO CODE SECTION 78-563 Council Exhibit A -,.3 WHEREAS, the following property, also known as 350 Big Island, is situated on Big Island and is zoned RS Seasonal Recreational: The southwesterly 50 feet of Lot 3 Morse Island Park 2nd Addition, also that part of Lot G Morse Island Park and vacated Massasoit A venue lying easterly of the southwesterly line of said Lot 3 extended to Lake Minnetonka and westerly of the northeasterly line of the southwesterly 50 feet of said Lot 3 extended to Lake Minnetonka, all in Hennepin County, Minnesota; and WHEREAS, in adopting the RS Seasonal Recreation zoning district regulations the City Council reviewed ownership, development and use patterns on Big Island and determined that all the above described property combined is and shall hereinafter and henceforth be one "Record Lot" as defined by Orono Code Section 78-568; and WHEREAS, an application was filed for a lot area variance as outlined in Orono Code Section 78-563(a)(2); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on February 16, 2010, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #10-3450 2. The Planning Commission reviewed this application on February 16, 2010, and on a vote of 5 -0 recommended approval of the variance. 3. The above described property when combined as one Record Lot is still less than the Page 1 of 2 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 otherwise separated without approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete Record Lot as a single unit or the merging by tax 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 structure or the existing dwelling may be used, improved, enlarged, or replaced without requiring further City Council review of lot size, but subject to compliance with all building permit, setback hardcover, on- site sewage treatment and other performance standards for development in the RS District. 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor Adopted by the Orono City Council on this 8th day of March, 2010. ATTEST: Linda S. Vee, City Clerk James M. White, Mayor Page 2 of2 A RESOLUTION APPROVING A LOT AREA VARIAN CE FOR RECORD LOT NO. 22 PURSUANT TO ORONO CODE SECTION 78-563 Council Exhibit A--'f WHEREAS, the following property, also known as 4 70 Big Island, is situated on Big Island and is zoned RS Seasonal Recreational: and;. That part of Government Lot 3, Section 22, Township 117, Range 23, Hennepin County, Minnesota, lying northerly of the westerly extension of the south line of Lot 9, Morse Island Park, according to the recorded plat thereof and 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 Quarter corner of said Section 22; thence southwesterly deflecting to the right 60 degrees to the shore of Lake Minnetonka and said line there terminating and Lots 9, 10, and 11, Morse Island Park, according to the recorded plat 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 determined that all the above described property combined is and shall hereinafter and henceforth be one "Record Lot" as defined by Orono Code Section 78-568; and WHEREAS, an application was filed for a lot area variance as outlined in Orono Code Section 78-563(a)(2); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on February 16, 2010, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File # 10-3451 Page 1 of2 2. The Planning Commission reviewed this application on February 16, 2010, and on a vote of 5 -0 recommended approval of the variance. 3. The above described property when combined as one Record Lot is still less than the minimum lot size required for new lots in the RS district, but this Record Lot is being 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 otherwise separated without approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete Record Lot as a single unit or the merging by tax 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 structure or the existing dwelling may be used, improved, enlarged, or replaced without requiring further City Council review of lot size, but subject to compliance with all building pe1mit, setback hardcover, on- site sewage treatment and other performance standards for development in the RS District. 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor Adopted by the Orono City Council on this 8th day of March, 2010. ATTEST: Linda S. Vee, City Clerk James M. White, Mayor Page 2 of2 A RESOLUTION APPROVING A LOT AREA VARIAN CE FOR RECORD LOT NOS. 63 AND 67 PURSUANT TO ORONO CODE SECTION 78-563 Council Exhibit A-5 WHEREAS, the following property, also known as 240 Big Island or Record Lot 63, is situated on Big Island and is zoned RS Seasonal Recreational: Lots 17 and 18, Morse Island Park, Hennepin County, Minnesota and; WHEREAS, in adopting the RS Seasonal Recreation zoning district regulations the City Council reviewed ownership, development and use patterns on Big Island and determined that all the above described property combined is and shall hereinafter and henceforth be one "Record Lot" as defined by Orono Code Section 78-568; and WHEREAS, the following property, also known as 250 Big Island or Record Lot 67, is situated on Big Island and is zoned RS Seasonal Recreational: Lot 16, Morse Island Park, Hennepin County, Minnesota and; WHEREAS, in adopting the RS Seasonal Recreation zoning district regulations the City Council reviewed ownership, development and use patterns on Big Island and determined that the above described property is and shall hereinafter and henceforth be one "Record Lot" as defined by Orono Code Section 78-568; and WHEREAS, an application has been filed for a lot area variance for the combined Record Lots 63 and 67 as outlined in Orono Code Sections 78-563(a)(2); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on February 16, 2010, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #10-3452. Page 1 of 2 2. The combined area of Record Lots 63 and 67 is 0.57 acre. 3. The intent of Section 78-568(8), based on an examination of Ordinance 246, is that if two or more contiguous record lots listed in Section 78-568(7) as unbuildable are combined to a create a parcel of at least 0.50 acre then the combined record lots are eligible for a lot area variance as outlined in Section 78-563. 4. The Planning Commission reviewed this application on February 16, 2010, and on a vote of 5-0 recommended approval of the variance. 5. The above described property when combined is still less than the minimum lot size required for new lots in the RS district, but the combined Record Lots is 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 Lots subject to the following conditions: 1. These combined Record Lots, 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 otherwise separated without approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the combined Record Lots as a single unit or the merging by tax parcel combination of the combined Record Lots 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 the combined Record Lots may be used for one- family seasonal recreational use without a structure or a seasonal dwelling may be constructed without requiring further City Council review of lot size, but subject to compliance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor Adopted by the Orono City Council on this 8th day of March, 2010. ATTEST: Linda S. Vee, City Clerk James M. White, Mayor Page 2 of2 To: From: Date: Chair Kang and Planning Commission Members Evelyn Turner, City Planner February 16, 2010 Council Exhibit 8 Subject: #10-3448 City of Orono on Behalf of Lani S. Pennington et al. 130 Big Island (Record Lot 10) # 10-3449 City of Orono on behalf of Christine Deggendorf 750 Big Island (Record Lot 62) #10-3450 City of Orono on behalf of V.C. McClellan and C.A.H. Clancy 350 Big Island (Record Lot 61) # 10-3451 City of Orono on behalf of Christopher Johnson Bollis 470 Big Island (Record Lot 22) #10-3452 Fred A. Bruntjen 240/250 Big Island (Record Lot 63 and Record Lot 67) -Lot Area Variances -Public Hearing Zoning District: RS -Seasonal Recreation (5 acres) Application Summary: Lot area variances are requested for five Big Island properties. Staff Recommendation: Planning Department Staff recommends approval with conditions Pertinent Zoning Ordinance Sections Sec. 78-568. Lot area requirements. (underlining added for emphasis) 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 wetlands. Within any RS seasonal recreational district, the following provisions shall govern the buildability, use and/or subdivision of each existing record lot: (1) 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 unopened public right-of-way. Each record lot shall be considered in its entirety to be one lot for zoning purposes. (2) 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 #10-3448 though #10-3452 February 16, 101 0 Page 2 of 4 ownership as of that date has been and shall be determined by the deeds of record at the 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. a. The council has identified and establishes 69 record lots on Big Island, Mahpiyata Island and Deering Island as listed by record lot number in the left-hand column of subsections ( 4), (5), (6) and (7) of this section. Each such record lot shall include all land identified by all tax parcel property identification numbers (PIDs) grouped together following the record lot number. b. Within 60 days after January 13, 1983, 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, subsections (4), (5), (6) and (7) of this section, 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 subsections (6) and (8) of this section, 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 subsection (2) of this section. 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 division. 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. c. Notice of record lot establishment shall be filed by the city in the chain of title of each property. ( 6) Substandard buildable record lot inventory. The following record lots are 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 section. However, based upon individual lot surveys and existing lot development patterns, the record lots listed are granted lot area variances and are recognized by the council as buildable lots. Each of the following record lots may be used for one-family seasonal recreational use or for a single permitted seasonal dwelling, which may be either the existing dwelling, a replacement dwelling, or if vacant, a new dwelling, without further council action or review, subject to strict compliance with all setback, hard cover, on-site sewage treatment and other performance standards for development in the RS district, including tax parcel combination pursuant to subsection (2) of this section .... (7) Substandard unbuildable record lot inventory. The following record lots are established, each of which is approximately one-third acre in area or smaller, which lot area is too small to accommodate any form of new permanent use without available services such as municipal sewer. Each of the following record lots are #10-3448 though #10-3452 February 16, 1010 Page 3 of 4 therefore determined by the council to be unbuildable and may not have structures or buildings erected unless a variance to this section shall be issued by the council. However, one-family seasonal recreational use without structures pursuant to section 78-564(2) shall be permitted subject to strict compliance with all on-site sewage treatment performance standard requirements for the RS district. Record lots are identified by record lot number, and each includes all property identified thereafter by the listed tax parcel property identification numbers .... (8) Substandard unbuildable record lot exception. Any new record lot resulting from future combination for ownership and tax purposes of any two or more adjacent record lots listed in subsection (2)* of this section with each other and/or with another vacant or undeveloped record lot, which total dry-buildable acreage meets or exceeds one-half acre, will be granted an automatic lot area variance and will be recognized by the council as a buildable lot as if it had been listed under subsection (6) of this section. Each such new record lot may be used for one-family seasonal recreational use without structures, or for a single permitted seasonal dwelling without further council action or review, subject to strict compliance with all setback, hard cover, on- site sewage treatment and other performance standards for development in the RS district, including tax parcel combination pursuant to subsection (2) of this section. *Subsection (2) is a requirement that Record Lots be combined into one tax parcel before any permit or variance is granted, making this provision nonsensical. However, Ordinance 246 (the primary source of this code provision) has here Subsection (g), a list of Substandard Unbuildable Record Lots. In subsequent recodifzcations Subsection (g) became Subsection (7). List of Exhibits A. AreaMap B. #10-3448 Application C. #10-3449 Application D. #10-3450 Application E. # 10-3451 Application F. #10-3452 Application Background The required notification of Big Island property owners was done in 1983. However the lead staff person left the city's employ that fall. In 1986 a second notification was done. About a year ago staff began to update the records of Big Island properties. Unprocessed applications for the "automatic lot area variance" were found in the files of 130, 750, 350 and 460 Big Island. With the applications for 130 and 750 there was also an application for a conditional use permit to allow the cabin to be used more than 180 days a year. That is no longer the situation. There appear to have been some issues with the septic system for 350. It was replaced in 2009. 460 and 470 Big Island were involved in a lot line rearrangement that was not approved until 1992. #10-3448 though #10-3452 February 16, 1010 Page 4 of 4 130, 750, and 350 have always been one tax parcel each so no combinations are required. 4 70 was originally four tax parcels. At the time of the lot line rearrangement three of the four were combined. The fourth is in a different school district and cannot be combined with the others. A special lot combination will be required. 460 Big Island was included in the public hearing notice but subsequently the owner asked that the property not be considered for a lot area variance at this time. 240/250 Big Island qualifies for a lot area variance under 78-568(8). There are only two sets of lots that would qualify under this provision. The other set is not in common ownership. Combined these two Record Lots total 0.56 acre. The property is still three tax parcels so a tax parcel combination is required. Issues for Consideration Are there any issues or concerns with these applications? Staff Recommendation Planning Staff recommends approval of the lot area variances: 1. With no conditions: a. #10-3448 130 Big Island (Record Lot 10) b. #10-3449 750 Big Island (Record Lot 62) c. #10-3450 350 Big Island (Record Lot 61) 2. Conditioned on the owner signing a special lot combination a. #10-3451 470 Big Island (Record Lot 22) 3. Conditioned on filing of a tax parcel combination a. #10-3452 240/250 Big Island (Record Lot 63 and Record Lot 67) ID Parcels SCALE 1 : 7,054 Ai ~ -~ I I I, 500 0 500 1,000 1,500 FEET )> Hennepin County Property "J',lf,;ip Print Page 1 of 1 ~ ----------··---------·-----------. --- Hennepin County Property Map -Tax Year: 2009 data contained on this page 1s derived from a compilation of records and maps and may contain d1screpanc1es that can only be disclosed by an accurate survey performed by a licensed 1 d surveyor. The perimeter and area {square footage and acres) are approximates and may contain d1screpanc1es. The information on this page should be used for reference purposes only. 1 nnepm County does not guarantee the accuracy of material herein contained and 1s not responsible for any misuse or misrepresentation of this information or its derivatives. ----------~ ~ -------------------- I I i : i'.\ (2) 130 · ltAoRS'E. 740 1ST H Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sqft): Area (acres): A-T-B: Market Total: Tax Total: 220 /, (19) :;:, ,, ,:; t,1 ..... -- Date Printed: 2/9/2010 12:13:47 PM Current Parcel Date: 2/3/2010 Sale Price: Sale Date: Sale Code: http://gis.co .hennepin.mn. us/H CPrope1iy Map/Locator .aspx?PID=2311723220002 2/9/2010 PC Exhibit B #10-3448 Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka ORDINANCE NO. 246 APPLICATION FOR CONDITIONAL USE PERMIT (& VARIANCE) SECTION 34.363(a): TO AUTHORIZE PRINCIPAL DWELLING USE: meaning any home or cabin that is used or occupied for 181 days or more in any one year; or any dwelling regardless of the duration of use if you wish to claim a Minnesota "principal residence" homestead tax credit. If the property is not homestead, and if your total annual usage is less than 180 days (6 months), then your use is allowed by the ordinance and you do not have to apply for this special permit. Note that even if you use the property a few days every month, it is the total number of days that count, not how these days might be spread throughout the year. PLEASE NOTE. The following information is requested to prepare the permit accur- ately and to speed up the review as much as possible. Please attach other infor- mation or explanations which might be helpful, especially a site plan or lot survey and a sketch of your septic system. You might also be asked to supply other information during the course of the review. Application Date ~ ~3 (before July, 1, 1983). Record Lot No . __ /~O ___ _ Fee Own er ( s) Name ;;?on E, -k /lJ //1_ ry a y lie / .St1)11; //4;r/,1ep hone Numbers Mailing /0 (1y /7(R t'r:; ('iL;;.~ Or /JJn Mainland ________ _ Address ___________________ Island __ !/__,_7___._¥_-_6,'--'3~'..3~,Y.__- Mail Address ----------------------------------- Brief statement as to why this permit should be approved: ?~ ~c--'1 /4.e._ ~-J-,~--~-Jf .--4--~~ i ~<> ~ -£lu__ -=217',. dr";i... 1. Ownership is by: Fee (Deed) Vcontract for Deed : Other ----------- 2. 3. 4. Date Property was Purchased: /9 ;?'tA.s deed/contract recorded? ~ Approx. Property Size: _____ ft. wide X ___ ft. deep; or f. 6f acres. Vres no. If not, what is the address ---Is this your only residence? of your other residence(s)? -------------------------- 5. Have you filed for a "Homestead" property tax credit on this property ~s If yes, what is the first year you so filed? /9 ;:;,..:::,-:-- BUILDING & ZONING -473-7357 ASSF:s,i;,Nr. • QUESTIONS CONTINUE ON BACK ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473-7359 No No ORDINANCE NO. 246 RECORD LOT NO. 10 APPLICATION FOR PRINLIPAL DWELLING CONDITIONAL USE PERMIT PAGE -2------- 6. Have you filed for a "Homestead" credit on any other Minnesota property? __ Yes ~c If so where? ------------------------------------- 7. How many persons reside here as their principal residence (on the average)? =-<., 8. How many days per year is the property occupied? (a) vCn"tinuously all year; or (b) Part of each year from about _____ to ____ totalling, ____ days; or (c) Off and on throughout the year, totalling days (give example of dates used last year): _______________________________ _ 9. What buildings are on the property besides the dwelling? _____________ _ ~ _f I ~ 10. Dwelling was built when (approx. year)? I 7 3 Owas added onto in what year (s)? n (} o £. and was last remodeled in what year?/? f'O 11. Approx. dwelling size (floor area) is: ___ ft. X ft.; or/S-t:JOsq. ft.; it has how many bedrooms? 3 and can sleep u_p_t_o_ 0 persons. 12. Dwelling construction is frame (wood) ~r what other material? (a) (b) (c) (d) 13. A permanent foundation is required. What exists now? ~a9ement ___ : crawl. space _____ : open floor with piers _____ ; other .5.J'~ 0:::-7:i ~q., -"2'. f' if, -f ~f) S&,/ ~, . l; What is type and amount of insulation in: walls! c::><--<..AJ.-<./L-..:::> 'r ~-~~~~--71'-~~=~~----c e il in g /roof! // // &:,-N A permanent heating system is required. What exists now? hot air~nance ____ space heater~L wood stove(s) _______ _ other ~ /Jd.<--ttA..4# .~~ --e'. Fire retardent roofin~H~ be required for new work. What exist now? asphalt shingles_~~,,_-,-:: untreated~o! ____ : treated wood other '7'?7--?zv~ ~-t~(J Plumbing and Septic systems will be required by or before Jan. 1, 1983. exists now? What (a) No. of toilets / bathroom sinks / tub or shower ------------kitchen sink other ------------------------------- (b) No. of septic tank (s) / and size in gallons <:5?)-0 and (c) Amount of drainfield: No. of lines ..3 ; length /~ Lt- total Sq. footage--p....-'-'--=--=--ZJ-rF"'---- -6-'------------ (d) Location of Septic tanks/drainfield on lot (direction from house): ..Sou.rh (e) Date of septic system installation/last repair /9 #O and name of contractor ---~--Tr--------- 14. What type of domestic water supply is availa le? (a) lake pump gpm (b) well: depth lo O ft.; casing diam. -inches: flow rat~ g~ pump type: elec. ~asoline _____ o her: . ~ year drilled /9'~y (contractor's name) ~_c) e,;; ' ORDINANCE NO. 246 RECORD LOT NO. /t:? ------APPLICATION FOR PRINCIPAL DWELLING CONDITIONAL USE PERMIT PAGE -3- 15. by Jan. 1, 1985. What e:dsts & Portable fire extinguisher(q) Basic fire/life protection will be required now and how many? Smoke detector(s) _5 size lAlOBC or larger c2,. : other ___________________ _ 16. What additional fire extinguishing equipment is available now (some type is required by Jan. 1, 1988)? 17. 18. 19. (a) (b) Automatic sprinkler system Roseline connected to well---.✓or (c) Alarm system --------------- ( d) Other ------------------ to lake pump ----- Is your house visible from the lake? Yes ____ No ~u~a 4-wheel drive emergency vehicle reach your house from the lake? Yes_VN_o o __ one, and Also Do you have an intrusion alarm system? DO NOT ANSWER HERE. If you have please notify Orono Police (473-7710) of the particulars, including type key holder names. Any audible alarm must be of the self-resetting type. consider Operation ID marking of valuables, security locking, lighting and other such measures. How ~o .you dis~~ of garbage aannad..,e.E th~wast~s (}?u/1ying_,Q.L burning is prohib J. ted) : ~ ltJ ~ ~"-----'-~~=--~~~'------~-'-----~--'--"------ I hereby apply for this Conditional Use Permit under the terms and conditions of Ordinance No. 246. I understand that in granting the permit the City Council may establish reasonable conditions or timetables for making improvements related to health and safety matters; that the final permit if granted will be in resolution form, will require my signature, and will be recorded in the chain of title of my property; and that there will b~n fee charged for this application if made before July 1, 1983. ~ ,7~ #~ Owner's Signa ture_:s;;:!f:::....LLf-J.,::k:'.'.~~&:::::U~~CS!'.~~:::::;11~2:=::::::..... _ __:Date ¾ ~3 Applicant's Signature Date ----------------------------- Hennepin County Property M <ll) Print Page 1 of 1 Hennepin County Property Map -Tax Year: 2009 The data contained on this page Is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. ' Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. l"TC:::O ----\""T'-'J ----------··· ... ----\ '\(lf /' -. uu . ·, I \ t ?,.1 Q ~~-?--------~------------\,, \f' , ', . 'i 6 3 . ~I 1 --\ \~320, I .--~ \ ' \ CS2 I 6 \, 46_~--------------------------_...... > \, \,,' ,.,_,,~ _.,.6699 <&, 1, ' '46 tO \ ,' \0 150 · ---~ I __ ., ,.z 320 \'~~~(641) '(51,'>( \\ ___ 70 ~-------~ \, .. ,' \ \ (.j'"\ 1, ·\, ("\ , \ \d} ,. I ' I ~~v ----~:---~--------------·.\ \.~ ( eew 33611 l \c;\-.~~\ ti\a _____ .. -------~ . ,, -~--~ !"" '.;;;, ·, f,, __ .• --_.----·-·\ ,, 340 ----1 1 1, ',., ___ .. --·· __ .-~-:--··1··········/ \.,, \ @ ---· 71 ' 1, L 7 ,.>\,. ____________ ... -----------· s?. · \~ ---( 35)~ ______ , _____ -1 •• ,,. p e. , . . _.-------· ,.....,. .. .,....-"~(\ "'° \, \ _________ '\ 2 3 ... ) 420 _ .. >-···)·•~ ~-'\ \ I,\-\ ,..., .... / .-----------··1···;··~;-···· . , " \\•·, ·.. 340 -i\,,, \,, \ ~ _.· _.,.. '-(51 \ ', I )'<!_/ ,<~\;) ("\ t-...'O ~-. ( (~33590),.\3(40) \,,\ '\ ....... ~ LOT F \ / , 'x•\ ~v r2 ~\ \ \ ,;;:, (3) 1 1 370 ' I I ' \ (3 7) ----~-;--~-.'...--~ Ii 0 '\ 360 .L LOT_·_,, ~i~~ 340 ___________ \-------------.. ___ ... ·-.. ,, __ 7 ____ ·,,·:, '(:). / -<. _<1.-...,,.., ~ [)0 IJ 1\:,/. ~--.... «.~--------------~ \ 1;·-... 1 '.>~--//_.-~~~ ~~_:::>-------------::IJ::gl{So I /390 , , /--◊ 0 n:i ~-s:...,... 10J h··... ___ '. .. <·~~O ,. ... .-✓ l l OJ ·-, _./ 370· @' ,/ ,' ·&·<. _c;;:, ,' I ·,~ •.•. ,,_ . _\..O' / / 380 ··.,, "'. / I H Selected Parcel Data ----------- . , Parcel ID: Owner Name: I, Parcel Address: Property Type: Homestead: Area (sqft): Area (acres): A-T-B: Market Total: Date Printed: 2/9/2010 12:15:18 PM Current Parcel Date: 2/3/2010 Sale Price: Sale Date: Sale Code: http://gis.eo.hennepin.rnn.us/HCPropertyMap/Locator.aspx?PID=23 l l 723220002 2/9/2010 #10-3449 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO 6:Z. PURSUANT TO ORDINANCE N0.246, SECTION 34.366 PC Exhibit C ~ 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 following described property located within the RS Seasonal Recreational Zoning District of the City: Lot 47, Morse Island Park, Hennepin County, Minnesota 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 11 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 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 ~ale or transfer of the complete "RECORD LOT 11 as a singl~ 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. 6 ,;2 : 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 tliis resolution in the chain of title of the property. Adopted by the Orono City Council on the day of , 1983. ----------- ATTEST: CITY OF ORONO City Mayor ( 1) (2) ------------------ ) s s • COUNTY OF HENNEPIN) On thi('O--day ~f%.../M1.~~~-• 19 ~ before me, a Notary Public within and fo~County, p sonally ~~red -------------------- known to me to be the person(s) descr· e i instrument, and acknowledged that e (they free act and deed • . r:G··-i;: ... _;;;,r;,··A~~M~~--i &i .'. · 'l\v.,,~ ~r~.: .. Y §. I ...r.· _: ';;(',.,, -~,~~llf-:-:Aill./Nl!::r .\; · "~ "' --1"1'J"~\,lf-.rr,, f 1 ~ <:.~~M!;;~0~:_::r:::!J Mit~" ;( .' ,: -------·- and who executed the foregoing executed t his (their) 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 #10-3450 PC Exhibit D 0 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO 6/ PURSUANT TO ORDINANCE N0.246, SECTION 34.366 BE IT RESOLVED by the City Council of Orono, Hennepin County, Minnesota: FINDINGS 1. Tha'<J;;;o f? ~ P~ fJ ,~ ,,~ /1"1-'4 61 4 . _is eQ the owner (s) /taxpayer (s) ~ record of t'fte following described pr~y located within the RS Seasonal Recreational Zoning District of the City: Lot 3, Morse Islanti Park Second Addition, Hennepin County, Minnesota 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 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 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 s ha 11 no t b e s u b d iv id e d , s o 1 d in p a ~~'1:'"e''d'Yfi!~!!rtl"'-':I.~' . o the r w is e separated without appl~cation for af1~/ii~tcfva:~.tor\~i ision by the City, This condition shall not JpY,eiGt.,:J,,ude · f_ut:u.re r transfer of the complete "RECORD LOT" as a sfn%'tf\?' iiri'it. ~~,.,,..,-~ ~ ,-<,-""'½~'~ 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. tfl : 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 recor~ing of this resolution in the chain of title of the property. Adopted by the Orono City Council on the:),0~ay of_-i,,/a._/.,..,2 .... ~~;s---• 1983. ATTEST: CITY OF ORONO --~- Mayor (2~ to be the ~erson(s) described in ~nd who executed instrument, and acknowledged that he (they) execu~ed the same free 'f&filti· ~ .. !'~ .. ~J..,.OQ.,lH~N~R ..... G~E"""R-HA,.,_R._DSON._llllil!. '>U/Lr:~~ NOTARY PUBLIC-MINNES0-1A, N{) TAR Y P ,ti BL IC HENNEPIN COUNTY / ? 0 c. ,=;-My cor. · •sfon expires 104JMI t!J -'-CL -CJ I MY COMMISSION iXPIRES 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 the foregoing as his (their: Hennepin County Property 1',,,-"lJ Print Page 1 of 1 ,---------------------------------------------------------------------- Hennepin County Property Map -Tax Year: 2009 B (3) 740 'H !!~~~:i?-;;;~~,-D;-t;--------- 1 Owner Name: I Parcel Address: Property Type: Homestead: Area (sqft): Area (acres): A-T-B: Market Total: Tax Total: Date Printed: 2/9/2010 12:11:30 PM Current Parcel Date: 2/3/2010 Sale Price: Sale Date: Sale Code: http://gis.eo.hennepin.rnn.us/HCPropertyMap/Locator.aspx?PID=2311723220002 2/9/2010 City of ORONO RESOLUTION OFTHE CITY COUNCIL NO. ______ _ APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO. 22 ----PURSUANT TO ORDINANCE NO. 246, MUNICIPAL ZONING CODE SECTION 10.31 PC Exhibit E #10-3451 BE IT RESOLVED by the City Council of Orono, Hennepin County, Minnesota: FINDINGS 1. That Samuel A. Mccloud is (clr/f:/) the owner(;s)/tax- payer(~) of record of the following described property located within the RS Seasonal Recreational Zoning District of the City: Exhibit "A" attached hereto. 2. That in adoption of Ordinance No. 246, the City Council reviewed ownership, development and use patterns on the islands and has deter- mined that all the above described property combined is and shall hereinafter and henceforth be one "RECORD LOT" as defined in Section 10.31 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 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 com- pliance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. RECORD LOT NO. 22 : RESOLUTION NO. --------- 3. g 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 otherwise 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. 19 ATTEST: Adopted by the Orono City Council on the Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor STATE OF MINNESOTA) )ss. day of On this _Jf/_-_ day of ~ , 1985, before me, a Notary Public COUNTY OF HENNEPIN) ~ w i thin ~:: for said Co u n _, y , er son a 1 1 y appeared _________ _ , )&_/J'1~✓6L /-t. /JJ<!)c! L c..c c::) known to me to be the person(s) described in and who executed the foregoing instru- ment, and acknowledged that he (they) executed the same as his (their) free act and deed. · tA1k.!l NOTARY PUBLIC-MIN ig,;.;:a~ BARRY L. HOG \.-HENNEPIN COUNTY My Commlnlon Expires Jan. 13, 1991 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: This instrument was drafted City of Orono P.O. Box 66 Exempt by: EXHIBIT A RESOLUTION NO. ----- Lots 9, 10, and 11, Morse Island Park, Hennepin County, Minnesota (Property Identification Numbers 23-117-23 32 0013, 23-117-23 32 0014, and 23-117-23 32 0015 respectively); and a parcel described as That part of Government Lot 3, Section 22, Township 117, Range 23, Hennepin County, Minnesota, lying northerly of the westerly extension of the south line of Lot 9, Morse Island Park, according to the recorded plat ther~of and 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, which parcel is also described generally as the portion of Property Identification Nurnber-22-117-23 41 0001 lying northerly of the westerly extention of the south line of Lot 9, Morse Island Park. Hennepin County Property 1vf cio Print PC Exhibit F Hennepin County Property Map -Tax Year: 2009 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only, Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. 740 ---. 0 co ~ -N 0 0 0 z 740 0, c.o N 480 12 0::::, I r'I 220 ~--------·-·-·-···--···-····--··--· H Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sqft): Area (acres): A-T-B: Market Total: Tax Total: 470 ···[~---------152.5. 210 I.() ! ----------------------7, i //f __________ 15-0----------------,~ I I // 154 20 /. 0' ,../ /~ 19 , / 7Bo (33): . 1 ' '~--~~-1,_~( 4) /l? 7 S; ( 3) ·-., ....... ~. ~ ~~q5·c------... _ r .~---··· 460 Date Printed: 2/9/2010 12:10:00 PM Current Parcel Date: 2/3/2010 Sale Price: Sale Date: Sale Code: http://gis.eo.hennepin.rnn.us/HCPropertyMap/Locator.aspx?PID=2311723220002 2/9/2010 City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 APPLICATION FOR LOT AREA VARIANCE Per Orono Code Sections 78-563(a)(2)&78-568(8) Property Address: 240/250 Big Island Record Lot Number(s): 63 and 67 ---------------------- PIN ( s): 23-117-23-23-0003, -0004, and -32-0020 Legal Description: Lots 17, 18, and 19 Morse Island Park Owner Name: Fred A Bruntjen Owner Address: ---------------------- Phone or email: I understand that, to ensure that the property cannot be subdivided without City approval, I will be required as a condition of approval to combine all tax parcels into one tax parcel and/or enter into a special lot combination agreement. I authorize reasonable entry onto the property by City staff and consultants as well as Planning Commissioners and City Council members for purposes of investigation of this request. Owner Date: MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, February 16, 2010 6:30 o'clock p.m. 7 -11. #10-3448 CITY OF ORONO ON BEHALF OF LANI S. PENNINGTON, ET AL, 130 BIG ISLAND, VARIAN CE, 8:23 P.M. -8:31 P.M. Turner stated the City of Orono is requesting lot area variances for the following five Big Island properties: 1. 130 Big Island (Record Lot 10), Lani S. Pennington 2. 750 Big Island (Record Lot 62), Christine Deggendorf 3. 350 Big Island (Record Lot 61), V.C. McClellan and C.A.H. Clancy 4. 470 Big Island (Record Lot 22), Christopher Johnson Bollis 5. 240/250 Big Island (Record Lot 63 and Record Lot 67), Fred A. Bruntjen The required notification of Big Island property owners was done in 1983. However, the lead staff person left the City's employ that fall. In 1986 a second notification was done. About a year ago Staff began to update the records of Big Island properties. Unprocessed applications for the "automatic lot area variance" were found in the files of 130, 750, 350, and 460 Big Island. With the applications for 130 and 750 there was also an application for a conditional use permit to allow the cabin to be used more than 180 days a year. That is no longer the situation. There appear to have been some issues with the septic system for 350. It was replaced in 2009. 460 and 470 Big Island were involved in a lot line rearrangement that was not approved until 1992. 130, 750, and 350 have always been one tax parcel each so no combinations are required. 470 was originally four tax parcels. At the time of the lot line rearrangement, three of the four were combined. The fourth is in a different school district and cannot be combined with the others. A special lot combination will be required. 460 Big Island was included in the public hearing notice but subsequently the owner asked that the property not be considered for a lot area variance at this time. 240/250 Big Island qualifies for a lot area variance under 78-568(8). There are only two sets of lots that would qualify und.er this provision. The other set is nofin common ownership. Combined, these two record lots total 0;56 acre: The property is still three tax parcels so a tax parcel combination is required. Planning Staff recommends approval of the lot area variances: 1. With no conditions: a. #10-3448, 130 Big Island (Record Lot 10) b. #10-3449, 750 Big Island (Record Lot 62) c. #10-3450, 350Big Island (Record Lot 61) 2. Conditioned on the owner signing a special lot combination a. #10-3451, 470 Big Island (Record Lot 22) 3. Conditioned on filing of a tax parcel combination a. #10-3452, 240/250 Big Island (Record Lot 63 and Record Lot 67) ________________ Page 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, February 16, 2010 6:30 o'clock p.m. Acting Chair Schoenzeit opened the public hearing at 8:27 p.m. Ted Hanna stated he is here on behalf of his mother, who owns 130 Big Island. Turner stated the City would have mailed his father a notice back in 1983 asking him for his signature, which was never processed by the City for some reason. Acting Chair Schoenzeit closed the public hearing at 8:29 p.m. Feuss moved, Rice seconded, to recommend approval of Application #10-3449, City of Orono on behalf of Lani S. Pennington, 130 Big Island, granting of a lot area variance; to recommend approval of Application #10-3450, City of Orono on behalf of V.C. McClellan and C.A.H. Clancy, 350 Big Island, granting of a lot area variance; to recommend approval of Application #10-3451, City of Orono on behalf of Christopher Johnson Bollis, 470 Big Island, granting ofa lot area variance; to recommend approval of Application #10-3452, City of Orono on behalf of Fred A. Bruntjen, 240/250 Big Island, granting of a lot area variance. VOTE: Ayes 5, Nays 0. _________________ Page 18 newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Richard Hendrickson , being duly sworn on an oath, states or affirms that he is th e Chief Financial Officer of the newspaper(s) known as Plymouth, Wayza ta , Orono Sun-Sailor and has full knowledge of the fact s stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331 A.02, §33 1 A.07, and other a pplicable law s as am e nded . (B) The print ed public notice th at is attached was published in said newspaper(s) once eac h week, for~ success iv e week(s); it was fir st publi shed on Thurs- day, the _4_ day of Febru ary 20 10 , a nd was thereafte r printed and published o n eve ry Thursday t o a nd in- c luding Thursday, the _____ day of ________ , 201 O; and printed below is a copy of the low e r case alpha- bet from A to Z, both in c lu sive, which is he reby ack nowl edge d as being the siz e and kind of type used in the composition and publication of th e noti ce : abcdefghijklmnopqrs tu vwxyz '~4: CFO S ub scr ib ed and sworn to or affirmed before me on this _4_ day of Febr uary , 2010. e MARY ANN CARLSON NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1-31-1~ . City of Orono (Officia l Pu bli ca ti o n) NOTICE The Planning Commission w ill hold public hearings in th e Orono Co unc il C hambers at 2780 Kelley Parkway on Tuesday, February 16,2010, beginning at 6 :30 p.m . on th e matter of reviewi ng th e following la nd use app li ca ti ons: 09-3436 Lori Gh e rardi, 2700 Ethel Avenue, LR -1C zo ning di strict, req ues ts a variance to const ru ct a second garage sta ll wi th a 1 9.1 setback from th e right of way of Eth e l Avenue (the same se tb ack as th e existing ga rage) when a 30 foot setback is requ ire d. 10-3442 Dirk M iller of Th e Emily Program, 2180 North Shore Drive , RR-1B zon ing district, requests approva l of a conditional us e permit in addition to side, str eet sid e, and rear yard setback variances in order to all ow co n- stru cti on of a detached garage on the property. 10-3445 Clifford & Barbara Swenson , 2956 Casco Point Road , LR-1C zo ning district, req ues t 0-75' hard- cover, sid e setback a nd lake se tb ack variances in ord er to re-cons tru ct a lake-s id e deck. 10-3447 Wayzata Co untry C lub , 200 Wayzata Boule- vard , RR -1 B zon in g distri ct, requests a con ditio nal use permit for wetl a nd alteration and for land alteration to con- vert a ditch with we tl and qu aliti es to a pond a nd to exca- va te an area to prov id e for we tl and replacemen t. 10-3448 Ci ty of Orono on behalf of Lani S. Pennington et al., 130 Big Island, RS zo ning district, req uests a lot area variance to cla rify th e statu s of th e property. 10-3449 C it y of Orono on behalf of C hri stin e Deggen- dorf. 750 Big Island , RS zoning distri ct, reques ts a lot area variance to cla rify the sta tu s of th e p roperty. 10-3450 C it y of Orono on behalf of V.C. Mc C lell an & C.A.H. C la ncy, 350 Big Island, RS zo ning di stri ct, re- quests a lot area va ri ance to c la rify the status of th e prop- erty. 10-3451 Ci ty of Orono on behalf of Chris toph er John- son Bo lli s , 470 Big Island , RS zoni ng district, requests a lot a rea va ri a nce to cla rif y th e statu s of the property. 10-3452 C it y of Orono on behalf of Fred A . Bruntjen, 240/250 Big Island, RS zo nin g district, reques ts a lot area va ri a nce to clarify the status of the prope rt y. 10-3453 Ci ty of Orono on behalf of Nancy L. Farnes. 460 Big Is land , RS zo nin g distri ct, requests a lot a rea var ia nce to cla rify the sta tu s of th e property. All persons wishin g to be heard are e ncou raged to att end thi s meeting . Thi s is not a final agenda and is subject to change prior to th e hearing . Written co mments are ac- cep ted a nd sho uld be sub mitted to the City of Orono by, 20 10 if possible. Interested persons may revi ew th e ap- pli cation at City offices. For an appoi ntme nt , pl ease ca ll (952) 249-4620 . C it y of O rono By: Planning Co mmi ssio n Melanie Cu rt is Planning & Zoning Coo rdin ato r Published in th e Sun Sailor on February 4, 20 10. Posted at: Orono C ity Offices, Crysta l Bay Post Office, Long Lake Post Office, Navarre Pos t Office (Feb. 4, 20 10) a2-hrgs 02162010-Revised-CM CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #10-3449, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 8th day of January, 2010. ~~ Monica Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Tuesday, February 16, 2010, beginning at 6:30 p.m. on the matter of reviewing the following land use applications : 09-3436 Lori Gherardi, 2700 Ethel Avenue, LR-1 C zoning district, requests a variance to construct a second garage stall with a 19 .1 setback from the right of way of Ethel Avenue (the same setback as the existing garage) when a 30 foot setback is required. 10-3442 Dirk Miller of The Emily Program , 2180 North Shore Drive, RR-1 B zoning district, requests approval of a conditional use permit in addition to side, street side , and rear yard setback variances in order to allow construction of a detached garage on the property . 10-3445 Clifford & Barbara Swenson, 2956 Casco Point Road , LR-1 C zoning district, request 0-75' hardcover, side setback and lake setback variances in order to re-construct a lake-side deck. 10-3447 Wayzata Country Club, 200 Wayzata Boulevard, RR-1 B zoning district, requests a conditional use permit for wetland alteration and for land alteration to convert a ditch with wetland qualities to a pond and to excavate an area to provide for wetland replacement. 10-3448 City of Orono on behalf of Lani S. Pennington et al., 130 Big Island, RS zoning district, requests a lot area variance to clarify the status of the property . 10-3449 City of Orono on behalf of Christine Deggendorf, 750 Big Island, RS zoning district , requests a lot area variance to clarify the status of the property. 10-3450 City of Orono on behalf of V.C. Mc Clellan & C.A.H. Clancy , 350 Big Island, RS zoning district, requests a lot area variance to clarify the status of the property . 10-3451 City of Orono on behalf of Christopher Johnson Bollis, 470 Big Island, RS zoning district, requests a lot area variance to clarify the status of the property. 10-3452 City of Orono on behalf of Fred A. Bruntjen, 240/250 Big Island, RS zoning district, requests a lot area variance to clarify the status of the property . 10-3453 City of Orono on behalf of Nancy L. Farnes , 460 Big Island, RS zoning district, requests a lot area variance to clarify the status of the property. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by, February 9, 201 O if possible. Interested persons may review the application at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Melanie Curtis Planning & Zoning Coordinator To be published in the Sun Sailor on February 5, 2010. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE: 1/25/2010 38 14-117-23 340001 CITY OF ORONO 38 ADDRESS UNASSIGNED CITY OF ORONO CITY HALL POBOX66 ORONO MN 55323 38 22-117-23 13 0005 TRJSTIN O ERICKSON ETAL 38 ADDRESS UNASSIGNED GERALD A ERJCKSON JR 4567 AMERICAN BLVD W MINNEAPOLIS MN 55437 38 22-117-23 14 0002 MINNETONKA POWER SQUADRON 510 BIG ISLAND MINNETONKA POWER SQUADRON C/O KEITH KASK 19750 MANOR RD DEEPHAVEN MN 55331 38 22-117-23 24 0006 RECREATION POINT LLC 38 ADDRESS UNASSIGNED RECREA T!ON POINT LLC 3721 E KACH!NA DR PHOENIX AZ 85044 38 22-117-23 24 0010 T K J PROPERTIES LLC 690 BIG ISLAND T K J PROPERTIES LLC 7 l 09 ANTRJM CT EDINA MN 55439 38 22-117-23 3 l 0002 CHRISTIAN FML Y CHURCH ET AL 560 BIG ISLAND CHRJSTIAN FAMILY CHURCH & WORLD OUTREACH CENTER INC 2300 HERITAGE PL N W OWATONNA MN 55060 38 22-117-23 3 l 0011 DOUGLAS EPERSON ET AL W/L E 630 BIG ISLAND JEFFREY A PERSON 17345 9TH AVE N PLYMOUTH MN 55447 HENNEPIN COUNTY PROPERTY lNFORMA TION SYSTEM (PROPERTY OWNERS LIST) 38 22-117-23 13 0001 GERALD A ERJCKSON JR ET AL 38 ADDRESS UNASSIGNED GERALD A ERJCKSON JR 4567 AMERICAN BLVD W MINNEAPOLIS tvfN 55437 38 22-117-23 13 0006 THREE RIVERS PARK DISTRJCT 740 BIG ISLAND THREE RIVERS PARK DISTRICT 3000 XENIUM LAN PLYMOUTH MN 55441 38 22-117-23 140003 THREE RIVERS PARK DISTRICT 740 BIG ISLAND THREE RIVERS PARK DISTRICT 3000 XENIUM LAN PLYMOUTH MN 55441 38 22-117-23 240008 RECREATION POINT LLC 700 BIG ISLAND RECREA T!ON POINT LLC 372! 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