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_ -_o � � - o 0 '�� CITY of ORONO ,� � ,; � � �, ; Municipal Offices � ` G~ Street Address: Mailing Address: �`9kE8Hp'g'� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 October 29, 2004 Robert and Caroline Fullerton 50 Landmark Drive Long Lake,MN 55356 Re: Tax Parcel OS-117-23 21 0021 (Outlot A, Burgers Bayside 2nd Addition) Dear Mr. And Mrs.Fullerton: I ain writing in response to your query regarding the potential to donate the above referenced parcel to the City. As you know, the Outlot is separated from your homestead parcel by the Luce Line Trail, making your use,maintenaiice and control of the parcel somewhat difficult. As you suggested in your discussion with City Planner Janice Gundlach,because the Outlot is adjacent to Bederwood Park, its donation would on first blush appear to be a win-win situation if you are able to realize a satisfactory tax write-off. Outlot A and your homestead parcel(Lot 1, Block 1, Burgers Bayside 2nd Addition) are subject to a Special Lot Combination Agreement which requires that the two parcels remain together under one ownership. The basis for the Agreement is that your property is in the RR-lA Rural Residential Zoning District which requires a minimum lot size of 5 dry-buildable(non-wetland) acres. Lot 1, Block 1 contains approximately 2 acres of dry land, and Outlot A contains approximately 4 dry acres. The Agreement allows the City to consider your property in total as conforming to the 5-acre requirement,whereas eliminating the Agreement and allowing you to dispose of the Outlot would functionally result in making your property substandard. This has potential ramifications on your ability to obtain permits to rebuild on the site, etc. Despite the fact that the land might make an attractive addition to Bederwood Park, there are negative impacts in terms of setting a zoning precedent by allowing your property to be separated into substandard parcels. The City would not, for instance, allow an existing conforming 5-acre parcel in a 5-acre zone to be split into two substandard parcels. We would not accept a donation of land that resulted in a property becoming non-conforming. We must view your property in the same way- under the agreement, it is one parcel for zoning purposes. Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us