HomeMy WebLinkAboutfarnes suppl01/20/2003 04:25
9529217257
CRDMWELL
PAGE 01
Cover Sheet
March 15, 2021
To: Melanie Curtis, Planner
From_ Nancy Farnes
Pages: 24 including this cover
01/20/2003 04:25
9529217257
CROMWELL
PAGE 02
3 pages for 460
survey, Certificate of Title
01/20/2003 04:25
9529217257
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PAGE 03
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This legal description came from tax information for tax parce123-117-23-32-0002. Please
make any corrections on this sheet or attach copy of the correct legal description.
That part of Lot C Morse Island park described as follovcrs: Commencing at most southerly
corner of Lot C, thence easterly to the southeast corner o£ Lot C; thence northerly along the
easterly line of said lot to the southeasterly line of Lot 56, Morse Island park extended, thence
southwesterly on the southwesterly line of lot 56 extended a distance of 100 feet, thence
northerly to the most northerly corner of I,ot C, thence westerly along the northerly lot line of
Lot C and southwesterly along the westerly lot line of Lot C to the most southerly corner of Lot
C.
50 �9�d-I��MW0�10 LSZLTZ6Z56 5Z�b0 609Z/0Z/TB
01/20/2003
04:25 9529217257
CRDMWELL
PAGE 06
3 pages Letter from Orono to Big Island Owners; use of right of way
01/20/2003 04:25 9529217257 CROMWELL PAGE 07
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01/20/2003 04:25 9529217257
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CROMWELL
01/20/2003 04:25 9529217257 CROMWELL PAGE 09
1 MINNESOTA STATUTES 2009 548.05
548.05 TREBLE DAMAGES FOR TRESPASS.
Whoever shall carry away, use or destroy any wood, timber, lumber, hay, grass, or other
personal property of another person, without lawful authority, shall be liable to the owner t%ercof
,or treble the amount of damages assessed therefor in an action to recover such damages. If upon
trial, the defendant proves having probable cause to believe that such property was the defendant's
own, or was owned by the person for whom the defendant acted, judgment shall be given for the
actual damages only, a><ad for costs.
RTistoYy: (9396) RL ,s 4268; 1986 c 444
C,opynigk�t �� 2009 by the �evisvr of Statutes, 5t� of �imesoti. All Rights Resetvod-
01/20/2003 04*25
9529217257
CROMWELL
PAGE 10
6 pages
10.31 code referenced in 2038 and letter to Elsie Family
Intent for 2038 Dock Permit in 1986 for 230 by Tim Adams, Mayor and council
01/20/2003 04:25 9529217257 CROMWELL PAGE 11
{ • • r . • • . 1 i . • I
Larry • • was present0 submitted
approval from the gatterfield"so
T IF
Tation subject to
PIF
♦ • ring*No • • conditional that
lam. Cook stated that a plaanad to have a rid'iaq ring
� ibLich would be 1 ted approxin&tely 5016 f rom the
proporty line.
AR
so"�covu"rcj&2 use property
w • . •appropriate• order to maintain xor;�
strictlyrL=t the residential
• 1 • � I
• .• s iF a
IL6t Resolutioni • <
I a • I t-a barn E frm the•V ••rty R
4t Mays Ow
1 1
meeting tbLe budget was approved notin the philosophy
Cablein which TV Y w their• . • noted pro
that approximately 1/3 of the households Orono are
being backed up to CablO TV*
.r' 1 it •. a +' . MEW
City Administrator 1�+ernhsrd�rom eapiaine@ the zequest :for
a dock permit on a parse 1 of loud (ac�z interior lot i ths�t
has nad a book on the City right-of-way ror toe peat
many years which is +curr.ontly undergoing a change of
ownership. Since the City does require a permit to allow
theme to have a dock on City right-of�way, staff
7
01/20/2003 04:25 9529217257 CROMWELL
MIBbTSS or TIM RBGULaR ORONO CAUNCXL MEN
PGGE 12
recommends that this be permitted subject to the owner
being liable to any us* relatedr that the dock be
maintained appropriately, and effective until guch tixrwi
as there are other requests from other inland properties
requosting a i • • at the same locatlon.
It was moved by Acting Mayor %id81A1s I seconded by
councilmembesr Grabek, to adopt Resolution #2038
approving a dock permit on a platted unimproved right -
of -Kay known as Bay Place on Big Island to serve Lots 19
and 20. P.I.D No. 23-117--23 23 0033, until such time as
there are other requests from other inland properties
requesting the installation of a dock at this location.
Motion, Ayes 4, days 0.
AdministratorCity
Island Board of Govornors made a
August to be put on the agendar
by letter requesting
hLtime to no avail.
EaUMIMUZY�=6UNUEW.. •.:
ld A. Mi �. i.er, Btuart
and Lance Bartlett.
• , • ir spond. staff's letter.
• �, •Board
Doha If of Chairman Carl ton and th�t'%
•
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ll • • •
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' 1 1
)?test OFGce Box 6G • Crystal Bay, Minnesota SFi323 � Municipal O[fcea
Ort the North �'�'hore of Lake Minnetonka
5, 19II3
TZeseK�' 5=6-83 6� 5=1z-£fS
T2c�cnrd Lo�t�6 ����
�3�.2 t�'. Olive #39
Prnr:tea, Ar:i,zona 85345
?.ts�.aa' Ts land Lar>downer:
Tl•is Record
parcels) as
,2,�- I/7�23
;;t3 -//7-- 23
Approximate
Lot consists of � tar.
follows:
32 00/6
3 Z Oo ��
lot area is . �� acre.
'.('���+<:: �_,�z;pose of this letter, is to pl:'vide you with information regarding
t�',:.c� ::ec:2i>t Toning changes orl Big Is:_and and what Chas means for your
't'i�t: ��.���.r ;z� Seasonal, Recreation�il zoning regulations were established
r,,; r.�.c.y i'cuacil adoption of Oxdinance No. 246 on December 30, 1982.
:r'1��: l�r:�r:tous <..t+Wing ordinance �:equi>r'ed two acres or mote f.or ar.y rr.o�-arty
+.:c: t,c t;�.ilt „�,�, Ti>.�: new ordinance .increased this minimum lot size to
Pave acres for creating new building sites, but it also "grandfathered"
s::ao-SonFzl building rights for all 'existing lots having a cabin, and for
v.�c�ant lots in common ownership C11At exceed one-half acre i,n area.
Your property is one of seven vacant Record Lots that is 'less than one--
haJ.f acre in area. Because of this small size, Che City Council has
ue.termined r_hat your l.ot is not autornatically buildable wzthout sewer
F.vs�1:lF�ble, and would need t'o go throLLglt ci�e formal application and ,reviewr
u:;�cc.s:;s to determine whether a variance might be granted or not. This
i.s-�r.1ce7-�� the same scatus and proce�3ure necessary under the previous
prcli.,FtilCe. 1'he new zoning regulati,oa.�s have thus not affected the
bual.cizll>:,Ca.�,ty of your proper Cy in any crF3y'.
'r:}�F� i,c-•,r o�;cia.;.tart::G does, ho�ar�:er, m�pe�wify that one—f�dmily seasrinal
xGcaeatio��.�l t.s^� of �+our- land wj_tt�ou°:. a cabin is noti� a permitted use.
'1'I�.i s m�: ens you may cramp aveinight • b+�zld a barbeque pat, an outhouse,
��i r� :=r�<<:!_�, sc;r'c:en hau:��-. cr ;;!_ox•ag�:. t„aiJ.din$ to facilitatetemporary use
,�.[ rl:c> l.aia�l. 7;1��e ordir�a.nce also E:rovides Chat if your lot is sold
��r.:i,�a�.- �c:cmbinrwcl wzt}t other simi.lax gn.ral.l lots so that the resulting lot
=�.z.ir E_>>:�� p.tC;d5 arse-•I,F.ilf acre, that it �aay then be large enough to be used
cur: a sE:axonal_ cabl,r�. '�111•'construct:�.c;n of any kind remains subject to
}�sril,<}.Lllg ty�rmits and ocher regu�,at:ioris. '
Please review the Record Lot informE��ion shown above and not�.fy the City
if there is A problem or if there should be a change. .
[strllQlNt� Bc 'LOP�INf;• — a73-7357 w gl)MINtSTR/.TION & F)IJANCC — 473.73SB
• PUBLtC WORKS Vd73.7359
:�SSl::SSIwG
6T �9'�d 113MW0�10 LSZLTZ6Z56 5Z �V0 £00Z/0Z/T0
Island Landowners
February 15, 1983
Page 2
A summary
complete
of $3.00
of Che
text of
Co defer
ordinance is
the ordinance
printing and
a.t cached.
i5 also
rnailing
xf you
availab�.e
costs.
are interested, a
�Or 3 nominal char.gc�
On behalf of the City Councz.l ��nd Planning Comtnassiox, I �a�tt�C to
this opportunity to thank each and everyone of you �.ri�o•se in Lc:��FSC
participation t1:is past year hs1s helped so much in t;he cornrletion
tak['
,•;,, ,
of
this planning process. Z have certainly enjoyed meeting all of you
and ,learna.ng so much about your island.
Sincerely,
J
_�'�-
lan P. Olson
Czty Planner
bT 3J'�d 11�MW0�10 L9ZLZZ6Z96 9Z �b0 600Z/0Z/I0
§ 1 C.31
E. Permit Exceptions. No permit shall be required for any person to walk ►in
or over any platted public right-of-way or any putted public park when such use is made �Titl.r�ut
altering the natural state of the land. No pemut shall be required for any person whose prope.►ty ai��.„
a platted public right -of --way or a platted public park to control weeds or brush, seed, so,�i, Y'11o�J ;,,�
otherwise maintain saidright-of--way or park in a neat and presentable manner. Persons vrhUSF: �c�.0 ��c�
lot established by Subdivision 6 consists of tax parcels divided by platted, t�,nopened p�►bic
right -of --way may incorporate and use such right-of-way as part of their yard without a permit,
provided no permanent structures are erected or maintained within the right -of --way.
F. Public Use Limited. Any permit issued under this.Subdivision shall be
deemed to open the platted public right -of way only to the extent necessary as established in tlYe
permit, and for the limited use of the permittee and his invitees.
G. Pertxxit Limitations. A permit issued under this Subdivision shall riot 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, sh�►11
be subject to change, alteration or revocation for cause by the Council at any time, and shall �!�e
automatically renewable on the anniversary of the date of issuance except upon written notice frcycn
the City to the permittee at least thirty days prior to the atuaiversary date.
H. Hold Harmless. As a condition of issuance of any permit, tine apl�Iicait;,
shall in writing release, indemnify and hold harmless the City from any and all claims ar c�.c7s� s t�`�
action arising out of the use or alteration of the platted right-of<way by applicant or his i►Zviis;e':�.
I. Permit Hearing and Notice. The Planning Commission or the Council shalt
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 ofthe 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 IJistrict,
no new lot or parcel shall be created less than 5.0 acres in dry buildable lot area exclusive of a;►y
designated wetlands. Within any "RS" Seasonal Recreational District, the following provisions shall
govern the buildability, use and/or subdivision of each existing record lot as defned and identified
therein:
ORONO CC 313 (4-1��R4?
5T �Jtid 1��h1W0�10 LSZLTZ6Z56 5Z �b0 600Z/0Z/Z0
approved subdivisions pursuant to Subparagraph C of this Subdivision, or by combination of two
or more complete record lots listed hereinafter.
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 Subdi�Zsion
shall be continued in common ownership and shall not be subdivided, sold in parts, reduced in 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 Subdivisions 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:
Record TaxParcels in Combined
7.ot _ o.Locatign C'o non Ownershib creme
1) I3ig Island 14-117-23 34 0001
23-117-23 21 0001
23417-23 22 0001 44.5
ORONO CC 315
9Z �9dd ���h1W0�10 LSZLTZ6Z56 5Z �VB �eez�az�ia
01/20/2003 04:25 9529217257 CROMWELL PAGE 17
7 pages LMCD relevant ordinance
Approximate diagrams not feasible for two dotkS or two boats and one dock
Please refer to JUd's video and submissions as well
01/20/2003 04:25
9529217257
CROMWELL
PAGE 18
fl
the Lake.
The authorized dock use area includes the area on, under, and over the surface of
Subd. 3. Setback Adjustments and Common Use of Adjacent Dock Use Areas. Two or
more adjoining site owners may by mutual agreement adjust the side setback requirements
between such adjoining sites or may use their combined authorized dock use areas for a single
common dock or mooring area subject to the following conditions:
a) Adjustment of side setback requirements is permitted subject to the following
limitations:
1) adjustment is only permitted: a) between or among owners of two or more
non-commercial docks for the private non-commercial use of the site
owners, or b) between an owner of a municipal dock and an owner of a
multiple dock.
2) owners must observe side setbacks at the outer site lines of such adjoining
sites.
3) setbacks may not be adjusted if the effect is to increase the authorized dock
use area of a site used for a structure or for watercraft storage which is not
in compliance with the current provision of section 2.05.
4) separation between docks on such adjacent sites must be no less than the
following:
FOR THE PORTION OF THE
LENGTH Or THE DOCK
WHICH EXTENDS FROM THE
SHORE
zero to 50 feet
50 to 100 feet
100 to 200 feet
THE MINIMUM SEPARATION
IS
20 feet
30 feet
b) Use of one or more sites for a single common dock or mooring ar®a is permitted
subject to the following limitations:
1) combination is only permitted between or among owners of two or more
non-commercial docks for the private non-commercial use of the site
owners.
2) only one dock structure may be constructed on the combined dock use
areas.
3) no more restricted watercraft may be stored by any owner of a combined
dock facility than would be permitted at that owner's site.
LMCD Code of Ordinances -20- Revised 06-28-2097
01/20/2003 04:25 9529217257 CROMWELL PAGE 19
Section 2.02, Shoreline Requirements.
Subd, 1. General Rule. No docks or mooring areas shall be constructed, established or
maintained that provide space for or are used for mooring or docking a greater number of restricted
watercraft than one for each 50 feet of continuous shoreline in existence on May 3, 1978, unless
authorized to do so by special density license pursuant to Section 2.05. For sites with continuous
shoreline greater than 100 feet, when measurements determining the number of restricted
watercraft allowed result in the provision of a fractional restricted watercraft, any fraction up to and
including one-half (1J2) shall be disregarded, and fractions over one-half (112) shall be counted as
one additional restricted watercraft.
Subd. 2. Special Rule fvr Sites in Existence on August 30, 1978_ Unless a greater number
is authorized by the provisions of Subd. 1 above, up to two restricted watercraft may be moored or
docked at any dock or mooring facility that is located on a site (as defined in Section 1.02) that was
in existence on August 30, 197&
Subd. 3. Additional Watercraft Allowance in Certain Cases. Unless a greater number is
authorized by the provisions of Subd. 1 above, up to four restricted watercraft may be moored or
docked at a dock or mooring area located on any site (as defined in Section 1,02) provided that all
of the following conditions are met:
a) There must be one, and no more than one, single family residential structure on the
site. If there is no residential structure on a site, any one off -lake lot, parcel or other piece of
property that 1) is legally subdivided and recorded in the office of the County Recorder; 2) adjoins
the site or is separated from the site only by a public right-of-way; 3) is under common ownership
and unified use with the site; and 4) is occupied by one single family residential structure, may be
designated to be a part of one site by the owner, for purposes of this paragraph.
b) The dockage rights at the site are owned exclusively by the owners of the lot parsel
or other piece of property on which the residential structure referred to in paragraph a) is located.
c) All of the restricted watercraft moored or docked at a dock or mooring at the site
must be owned by and registered to persons who live in the one residential structure referred to in
paragraph a).
LMCD Code of Ordinances -29- Revised 06-28-2017
01/20/2003 04:25 9529217257 CROMWELL PAGE 20
c) Side setbacks and dock use areas between two or more adjoining sites may be
adjusted by mutual consent of the site owners subject to the following conditions:
1) adjustment is only permitted: a) between or among owners of two or more
non-commercial docks for the private non-commercial use of the site
owners; or b) between an owner of a municipal dock and an owner of a
private non-commercial dock.
2) owners must observe side setbacks at the outer site lines of such adjoining
sites.
3) consent to the adjustment is revocable by any party to the agreement at any
time. In any case in which any structure in the dock use areas of any of the
adjacent sites requires a license under this Code, each annual license
application must include a written consent of the owners of all affected sites.
4) no more watercraft may be stored at the adjacent sites affected by the
adjustment than the sum of the number of watercraft which would be
allowed at each site if there were no such adjustment.
d) Notwithstanding anything to the contrary in this Code, the Board may approve, as
part of a new multiple dock license, adjustments to side setbacks and dock use areas between a
commercial multiple dock site and one or more adjoining residential (noncommercial) sites that are
under common ownership as follows:
1) adjustments to the side setbacks may be allowed if all of the following
conditions are met:
(a) side setbacks at the outer site lines of such adjoining sites are
maintained;
(b) the residential site may maintain dockage and watercraft density as
allowed by the Code; however, no more watercraft may be stored at the
commercial multiple dock or at the adjacent residential site as a result of
the adjustment that is otherwise allowed by the Code;
(c) the property ownership is verified and the setback adjustment is
indicated on each license application submittal; and
(d} if the ownership of the properties change so that they are no longer
under common ownership, the dock use area must be reconfigured to
meet the setbacks as otherwise indicated in section 2.01.
2) shoreline measurement, for the purpose of calculating watercraft density,
may be transferred from an adjoining residential (noncommercial) site to a commercial
multiple dock site if all of the following conditions are met:
(a) dock structures, watercraft, or similar may extend up to, but not across,
the extended property line between the different properties;
LMCD Code of Ordingnces -21- Revised 06-28-20 i 7
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