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� ��k� �'�'/f RESOLUTION OF THE CITY COUNCIL
ESH�4�'� � � NO. � �- - �'�f
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� R�ESO�,ZTTI�N GRANTING
A �IAR�ANC� 'I't?
Ni'Jl�TICIPAL �ONING CODE
�ECTI�N 10.31, SUBDiVI���N 6
AlaT� P.EVI�I�NG T�3E F�.ECORD I.�T D�SIG?'�TA�'I�ioT
��� B��G ��LAI�ID 1�lECOI� Y.O�' NO. 15
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��IEREAS, Willi�m and LaWayne Yaeger (hereinafter "the applicants") are
owners of property located at 310 Big Island within the City of Orono (hereinafter "City") and
legaliy described as follows:
Lot 64, Morse Island Park, Hennepin County, Minnesota (hereinafter "the Yaeger lot");
and
��'I-��IiEA�, Nancy Lee Farnes (hereinafter "Farnes") is the owner of pro�erty
located at 310 Bi� Island within the City of Orono and legally described as follows:
Lot 65, Morse Island Park, Hennepin County, Minn�sota, and
Lots 8, 9, 10, and 11, Morse Island Park Seconci F dr�ition, Hennepin Cour�ty, 1Vlinnesota
(r.vreinafter "t��e Fanles lo�ts°'); and
�'�3�,I�EA�, Big Island Record Lot No. 15 as designated in Urono �onin�
C��_�e Section 1 C.3?, Subdivision 6(F) is comprised of Lots 64 and 65, 1Viarse Island Park and
i.ots d, 9, �U and i 1, Nlorse isiar.ci rark �e�.on�i A:iniiian; ar::i -
WH����,s, the applicallts r.ave made a�plication to the CYty of �Jror,o for a
lot area variance to allow the construction ci a seasonal ds�velling on Lots 64 and 65, �lorse
Isianc� Park, and have re:�uested that the desig�ated combination of lots which compris� Big
Islancl Record L�t No. 15 be revisecl to include only Lots 64 and 55, Morse I�land Park.
111:)��', �'���.�.�+��'�, �� I'�' �SOI,V�� by the City CoUncil of �rone,
i�f:nneseta:
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�� G'�' RESOLUTION OF THE CITY COUNCIL
t�`9IfESHp4'� NO. � 1� � �
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1. This application was reviewed as Zoning File #2361.
2. In 1983 the City rezoned Big Island from LR-lA-1 Single Family Lakeshore
Residential Subdistrict to RS, Seasonal Recreational District. The subject
properties are located in the RS District. The 1983 rezoning included
establishrr�ent of comprehensive standards for deveiopment and use of the island,
which standards are codified as Orono Zoning Code Section 10.31.
3. A key element of the 1983 rezoning was designation of individual lots or groups
of commonly-owned lots, as "Record Lots", based on historic ownership and use
patterns. Each Record Lot was numbered and categorized as "Subdividable",
"Conforming", "Substandard" or "Substandard Unbuildable", based on acreage and
on whether the site was currently developed. A total of 69 "Record Lots" were
so designated, and 'automatic lot area variances' were authorized for those that
were considered as buildable Record Lots.
4. Lots 64-65, Morse Island Park and Lots 8-9-10-11, Morse Island Park Second
Addition, were designated as Record Lot #15, by virtue of their common
ownership by Roy Ahern as of November 9, 1981. Record Lot #15 was
categorized as "Substandard - Buildable" with a combined acreage of 2.5 acres.
Ahern protested the Record Lot designation in 1983 and subsequently sold his
six separate tax parcels to six different persons. Each of the six parcels since
1983 have been consi�ered as individually unbuildable per the RS District
ordinance.
5. Lots 8-9-10-11 are separated from Lots 64-65 by a dedicated roadway. Lots 64-
65 abut the lakeshore, while lots 8-9-10-11 do not abut the lakeshore.
6. Tha applicants constructed a cabin on Lot 64 in 1997 to replace a cabin that
previously existed on the site. No building permits were applied for nor issued,
and the cabin was constructed at a location not meeting the required 75'
lakeshore setback and comprising illegal hardcover on the 0-75' lakeshore setback
zone.
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��b� - C ITY of ORONO
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�� �'�' RESOLUTION OF THE CITY COUNCI�
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7. The Orono Planning Commission reviewed this application at a public hearing
on June 15, 1998 at which time the applicants indicated they had the ability to '
acquire Lot 65 from Farnes for legal combination with Lot 64. The applicants
further proposed to relocate the cabin to a conforming location within Lots 64-
65. The Planning Commission voted 6-0 to recommend approval of a lot area
variance for the combination of Lots 64-65, comprising a total combined area
of approximateiy 0.5 acres and having a defined width a� the shoreline of ;
approximatel� '8'. The Planning Commission further recommended that Lots i
64-65 hence: �i be designated as Record Lot 15 and that Lots 8-9-10-11 be ',
legally comb� ♦;d with an adjacent existing Record Lot (potentially with Record
Lot 16), subject to approval of Farnes. The lot area variance and redesignation
of Record Lots is justified by the following:
a. The net result is that no additional Record Lots will be created on
Big Island, hence the overall density will not increase, which is
in keeping with the City's ordinances and Comprehensive Plan
goals and policies for the Island.
b. The combination of Lots 64-65 will allow development of Record
Lot 15 for the allowed seasonal recreational purposes without the
need for further variances.
c. As many as 20 other Big Island Record Lots which are designated
as "substandard - buildable" are 0.5 acres or smaller in area, hence
approval will not be out of character with the neighborhood.
d. The proposal is an amicable solution to a long-standing dispute
between the City and the former property owner.
- 8. Far�ies f�as pZ4vided a letter t� the' �City in�icating agreen�ent with the
redesignation of Record Lot 15 as proposed and stating an intent to attach Lots
8-9-10-11 to another adjacent existing Record Lot; this letter is attached to this
Resolution as Exhibit A.
9. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
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'� RESOLUTION OF THE CITY COUNCIL
��9kESH0¢�G NO. 4 � �' `'� :
10. The City Council finds that the combination of Lots 64 and 65 to become
redesignated Record Lot 15 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
effect upon public health, safety or welfare.
11. The Cit3- Council finds �,.hat the conditions Pxisti.ng on trss pro�,erty are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants approval for the redesignation of Big Island Record Lot 15 as being solely comprised
of Lots 64 and 65, Morse Island Park; and further grants a lot area variance for said Record
Lot 15 based on the above findings and subject to the following conditions:
1. The approvals granted within this Resolution rely on the applicants' acquisition
of Lot 65 and shall take effect only upon the applicants' successful legal
co�nbinatie:: �f Lc�t� 54 w.nd �a5. ' -
2. Granting of this variance means that Record Lot 15 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 compliance with all building pernut, setback, hardcover, on-
site sewage treatment and other performance standards for development in the
RS district.
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3. Granting this variance shall not vest any rights in the property other than as
specifically provided in Municipal Code Section 10.31 and shall not preclude a I
future City Council from amending, modifying or otherwise limiting development 'i
rights and/or performance standards in the RS District. �
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4. Appli.cant shall �vithin 6 months of the cl.ate of this Res�lution, re��cate the cabin ,
on Kecord L�� 1� ��� a confo?-rr:in J l�cati�n and rrovi�;, it ���ith a conforming i
foundation.
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5. Tr�is Resolution shall not vest any rights with regard to Lots 8-9-10-11, which I
shall remain in their current status as unbuildable individual tax parcels until such
time that they are legally combined with an adjacent existing Record Lot.
6. Authorities granted by this variance run with the property not with the applicant, ,
but are permissive only and must be exercised by application for a building '
permit within one year of the date of Council approval, or this varianc� will
expire on that date (July 13, 1999). '
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7. Violation of or non-compliance with any of the terms and conditions of this ;
resolutian shall constitute a violation of the zoning code, shall automatically �
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
8. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
, , �] (� ♦l.� T /'�+ ry/� y�� //�G ���rc•.3 T�1 a P t .���y��� ;(- t(� � :i_n,ala R(�(�nrt� �
IlV��I%}'� UbIvVJ l�llll LVIJ �.•`f Ci11U VJ� JV1J� !.Sl�lll� 1 Cil3i� 1i.4 C�l�l� a. ��v i`4l'.�_
Lot; agrees that the 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. '
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� : Adopted by the Orono City Council on this 13th day of July, 1998.
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'� ��Liilda.S. VPe,' �'ity Clerk Gab 'el bbour, Mayo
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Pro�e��y t� e (s)
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� G'�;/i RESOLUTION OF THE CITY COUNCIL
�`9 4��'-%'� � NO. � � '`t�� `��
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foreg�in�; instn.iment was acknowledged before me on this 13th day of July,
199°�, by Gabriel Ja�bour �:. Li_Zda S. Vee, ��Iayc. & City Clzrk af t��� Ci y c�� Grot�o, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
��..� .ee�.�::-
i . CP.ROLE R.HASF.,MP.N '''
� � �• NOTP,RY PUBUC-M!N�dES07A ��
•� 'e��: HEhNEPIN COUNTY �%' � J' �1�—�'�"J
�'. __ My Commicsion Ex�ir�s J�� 3+.zen� Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �fh day of v '� , 1998 before me a Notary Public
within and for said county, personally appeared ' e,
known to me to be the person(s) described in and who executed the foregoing mstrument, and
acknowledged that he(they) executed the same as his (their) free act and deed.
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CRROLE A,HASEMAN i' /� �j
���� NOTARY PUBUGMINNESOTA � .�e (f p(����'z,Lw�
��' ;'�'�st• H�NNEPiN COUNTY —T
-.- My Commicsicn Erpires J�n.3t,2000 , NOTARY PliB�IC
� . _.==�°=��'..�r'.,c?A^..v^,?^ �:,c�.`.'�..�...:_..r._....','.`...:;e..�;s , - .
STATE OF MINNESOTA )
) ss.
COLNTY OF HENNEPIN )
On this day of , 1997 before me a Notary Public
�,�ithin and for said county, personally appeare�'
kr�o�vn to me to be the person(s) des�ribed in and who exeruted the foregoing instrumen�, and
acl:nowledged that he�they) executed the same as his (their) free act and cieed.
i�10TAFCY pU�LI�
Fage b of b
. J4N-22-1998 17�40 Uesely Miller P.001i001
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J�-�-1g9a 14�47 Ue�ely Mtll�r �—
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Ci�y olOtouo � �
Oroao City Counc{1
P.O. Box 66
C�Y�8+�y..MN SS329
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Re: Zowng FUa No.2361 , �
Wi11t�at�d LsWsyno Yeager �
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Doar Cky Courult; � �
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Tbe purpo�e of thii buor ia tio atknowled�e our satee�ment with tho prnpo�a! of Willi
LaWe�►�u Yae�er re;atdln�thelt p�►op�cY oa 8it�slwd. At tl�I�ti�a�o.N�ncy Fanes owns 1
8�9, 10�11 and 6S of Reoncd�.oc ►S. In addltice�Record I.ou 16�63 un�69 ore u►our conq�l
we11. �
We �n la�r�etn�nt wit�+th�YaeB�' P�l��al tlut tbay �quiro P�rcv16S for ttw purp�t o
oombi�ln�it vrltb�P�64 and d►u Ihe�analnit�pmd�in R�ootd Lot 1 S be aon�bined�lih�ot}�e
nootd lota eo u to luve no net inat+ea�e{n tl�s auenbez oibuildabb lou on Bia]�1�nd. �
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ThanY you tbR yo�a sae�adon at►d a�i�e with maner. `
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TOTAL P.081
JUN 22 '98 17:44 PAGE.01
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RESOLUTION# � °� � �
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the faregoing copy af a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on Julv 13. 1998 , and that the same
is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 16th day of
July , 19 98 .
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Linda S. Vee, City Clerk
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