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#02-2763 Clayt and Julie Tabor 960 North Brown Road Pa e 3 of 4 district. Following the 1980 sewer project the property owner did pay a sewer assessment assuming future use of one of the two lots as a sewered building site. Rezoning the property to I-acre was inconsistent with the Comprehensive Plan. Other properties in the area are all zoned 2-acre. The Council approved one lot to be less than 2 acres based on the "agreement" that had been made by the 1980 resolution between the City and the property owner. The MUSA separated the property to allow one lot to have sewer access and the second, larger property was outside the MUSA. Based on the number of subdivisions that have been approved in the City of Orono it would be precedent setting to approve this proposed subdivision. An approval of the subdivision would certainly open the opportunity for many properties in the City that have been combined or are nearly large enough to subdivide to potentially do so. The two specific cases noted above had some unique situations and history behind them to justify variances. Comprehensive Plan The property has been guided for 2-acre rural residential development by the 2000-2020 Comprehensive Plan. The property has been zoned 2-acre since at least 1967. One recent change to the property is its' recent inclusion into the MUSA allowing sewer connection to the property. The provision of sewer to the property does not change the rural character intended for the district and the land use classification. The Sewer Policy Plan, within the 2000-2020 Comprehensive Plan states "Orono's urban and rural areas provide distinctly different lifestyles, amenities and services which jointly benefit the community as a whole. Each area has separate planning priorities and separate environmental considerations. Urban areas and urban services will not be permitted to encroach on or destroy the rural community." (CMP 4C-6) The property is defined as a rural area in the Comprehensive Plan. The closest area to the property that is defined as urban would be the Sugarwoods neighborhood. The general sewer policy goes on to say in order to protect Lake Minnetonka from the severe negative impacts of excessive stormwater runoff that would be generated by development densities in excess of 1 home per 2 acres, Orono will not allow residential development in the rural area at densities greater than I home per 2 acres. Sewer has been provided to a number of areas that are defined as rural areas. Generally the preferred method of sewage disposal within the rural area is an individual on-site system. The rural areas that have been provided with sewer service have done so because the lots were developed prior to the adoption of current zoning standards. Many of the lots are substandard and had non-compliant or failing septic systems. The size of the properties did not provide for future septic sites so the logical solution was to provide sewer service to those areas. Neighborhood Petition The applicants have provided a petition signed by a number of surrounding property owners. The petition is attached as Exhibit H.