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� c�t� o� oR,oNo RESOLUTION OF THE CITY COUNCIL � NO. 1195 . • � • • DETERMINING THAT TWO SEWER SERVTCES WILL BE PROVIDED TO PROPERTY LOCATED AT 559 RUSSELL AVENUE AS PART OF SEWER PROJECT 80-1 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Sewer Project 80--1 has been initiated by the City to solve existing on-site sewage treatment problems in the Minnetonka Bluffs- West Ferndale area, within which is located the property at 559 Russell Avenue, legally described as Lots 4 and 5, Block 16 , Min.netonka Bluffs; an� WHEREAS, the property at 559 Russell Avenue has an area of approximately . 40 acre, and contains a main residence and a second ren- tal residence; and WHEREAS, the property owner Leonard MacKinnon has been given the option of having one unit of sewer service and one unit assessment ,� if the rental dwelling use is discontinued, or of having two units of sewer service and two unit assessments of the rental d�aelling use is to continue; and WHEREAS, the owner has been advised the the presence of a second dwelling unit on one undivided parcel, and the rental of that second d�velling unit, is a legal non-conforming use of land in the RR-1B zoning district. The owner has been advised that the provision of sewer service is intended to satisfy an existing public health need and in no way vests any rights to continuing or expanding the non-conforming use beyond those rights already provided in Section 31. 100 et. seq. of the Orono Zoning Code; and WHEREAS, the owner has indicated he would prefer to continue the existing non-conforming rental use of the second dwelling, that he understands such non-conforming uses are intended to eventually be c�is- continued whenever they should deteriorate or be destroyed, and that he understands this decision means he will be assessed f_or two sewer units instead of one. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Orono that the MacKinnon property at 559 Russell Avenue will be provided with LS-1980-1 sewer service as follows: �