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2. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) -Hardcover shall not exceed 25% in the 75-250' setback. 75-250' Lot Area= 4,538 s.f. Existing Hardcover= 3,219 s.f. (70.9%) -Including rock and plastic 3,206 s.f. (70.6%) Excluding rock and plastic Proposed Hardcover= 2,885 s.f. (63.6%) 3. Section 10.55, Subdivision 8 -No hardcover or structures are permitted within 75' of the lakeshore. The proposed house would be located 48' from the lakeshore, within the 75' required setback. Sewer/Septic Issues The property is located in the MUSA area. The applicant's house is the only house on Baldur Park not connected to sanitary sewer. The property is not served with sewer because the sewer service stops at the end of the public maintained Baldur Park Road. The Council approved a preliminary plat subdivision approval in 1982 for two lots between Mr. Puzak's property and the end of the maintained Baldur Park Road. Using the preliminary subdivision approval from 1982 the City can assume there is a possibility that there are two buildings sites south of the Puzak property. Based on this assumption, a total of 3 lots will ultimately require sewer connection. Mr. Puzak' s residence is not connected to sewer because he does not have an easement for utility or sewer purposes, out to Baldur Park Road. He has an easement for driveway purposes only. Mr. Puzak' s property also has an easement over Lot 31 for private septic purposes. There is one system located on Lot 31 that is listed as compliant because it is more than 3' above the seasonal water table. The system is not compliant with all regulations because the entire drainfield site is located within 75' of the lakeshore. In order for the City of Orono to permit construction of a new home on this site, it must comply with one of the following: 1. The new house must be connected to sanitary sewer service; The City Council reviewed a request by lvfr. Puzakfor sewer connection in 1999. The City determined they would study the extension of sewer service to the applicant's property. The City would have had to proceed with a condemnation process to acquire a public easement that would allow the extension of municipal sewer to the applicant's property. The 1999 estimate for the cost of the sewer extension was around $60,000 to be assessed to the benefiting property owners. A,Jr. Puzak had inquired about using the easement to construct a private sewer connection for his house. The City took the position that they would not proceed with the condemnation unless it was for an extension to the public sewer to serve his residence as well as the adjacent properties. A City can not condemn easements without a public pwpose. The City had concluded an easement for private service was not the best alternative in this case and did not proceed with the condemnation. OR #01-271.f Frederick Puzak 1340 Baldur Park Road 9/17/0 I Page 2 of 5