10-24-1988 - Agenda Packet City Council - regular meeting

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ORDINANCE NO. 22 An Ordinance to Preserve the Public Health of the Citizens of Orono by Regulating the Mini- mum Size of Residential Ibuild- ing Lots WHEREAS, the Village of Or- ono has no community sewage system and depends upon septic tanks and soil absorption sys- tems for the disposal of waste; and WHEREAS, such disposal methods are apt to create a ser- ious problem affecting the health of the community where applied in residential areas serving more than one dwelling per acre; and WHEREAS, other communities have serious health problems by reason of the enlargement of res- idential areas with substandard lot sizes served by septic tanks and absorption systems; ar d WHEREAS, the Planning Com- mission of the Village of Orono has recommended to the Council that regulations should be estab- lished now to prevent the same sort of serious health problem from arising in the Village of Orono; NOW, THEREFORE, for the sake of the general welfare and health of the residents of the Village of Orono, it is ordained as follows: Section 1. After the effective date of this ordinance, no build- ing permit shall be issued for 7 the erection of a residence in any residential zone of the Village, except upon a building lot con- taining a minimum area of one acre, and having a minimum width of 140 feet at the building line. Section 2. It is recognized that ,here are several built up resi- dential areas in the Village which are substandard and overbuilt by the terms of this ordinance. In such areas, building permits may be issued for lots not meeting the minimum requirements estab- lished by this ordinance, if the Village Council feels that such building will conform to the gen- era characteristics of the neigh- S_rq-S� borhod and will not have an im- mediate and specific adverse effect upon the public health. Section 3. It L recognized that the enforcement of the minimum provisions required by this ordin- ance with respect to lots held fn ownershi at the A 5 single, separate V time of Fe passage o is ordin- , t% ance might be an arbitrary depri- from l vation of a valuable right said owners. Therefore, where a i� .k CU 0 lot which fails to meet the mind - mum standards of this ordinance is held in a single, separate own- r ership at the time of the pas- camp of this ordinance, the Coun- ssue a building permit,, 0 ,at there will be no • specific adverse ef- ue public health. , 4. This ordinance su- percedes and repeals any provi- sions in the platting ordinance or zoning ordinances of the Village which are inconsistent herewith, except that provisions of prior higher ordinances establishing standards than those prescribed by this ordinance are continued in effect. Section 5. It is recognized that the establishment of definite standards for all lots in the entire Village is impossible, as there may be, in every case, reasons to relax the standards, or to en- force stricter standards. The Council reserves its discretion to increase or decrease the stand- ards hereby set for good cause, whenever the particular facts of the situation convince the Coun- cil that the public welfare, and particularly the public health, re- quire such modification. Section 6. This ordinance shall be published in the Minnetonka Herald at Wayzata, Minnesota, and shall be effective immediate- ly upon such publication. Passed by the Village Council of the Vilage of Orono this 12th day of October, 1959, by a vote of 4 yeas and No nays. H. R. FOSS, Mayor Attest: O. E. JOHNSON, Cleric (10-15-59)