HomeMy WebLinkAbout#1195-#of sewer services-1980 � 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:
�
� � Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 1195
• - • •
. Two sewer stubs will be provided, one for the
main residence and one for the second rental
residence.
2 . Two sewer unit assessments will be levied against
the property.
3. As of this date, the presence of a second rental
dwelling unit on -this property is a legal non-
conforming use subject to all the restrictions
and regulations of Orono Zoning Code Section 31. 100
et. seq.
4 . The fact of sewer service availability shall not
be considered as grounds or justification for
any variance intended to change, expand or pro-
long the non-conforming use of this property.
5. If either one or both of the residences on this
Iot shall ever deteriorate or be destroyed pursuant
_ to Sections 31. 102 or 31. 104 , or should either one
� or both units ever cease to be occupied for a
period of 12 months or ionger pursuant to Section
31. 105, all future use of the property shall there-
after be for not more than one (1) single family
residence in conformance with the zoning district
requirements.
Adopted by the City Council of the City of Orono on this
14th day of August , 1980, by a vote of 4 ayes and 0 nays.
�
William B. Van Nest, hsayor
alter R. enson, City Administrator
�.�..