HomeMy WebLinkAboutResolution 4208 O
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CITY of ORONO
0 ��0. G RESOLUTION OF THE CITY COUNCIL
l9 ESH 4L.4 NO. 42
A RESOLUTION APPROVING
PARTIAL REFUND OF SEWER ASSESSMENT
FOR 373 WESTLAKE STREET
WHEREAS,the property at 373 Westlake Street which is legally described as Lot
17, Block 2, Hillside Park(PINS No. 05-117-23 23 0028)was assessed one sewer unit as part of the
1992 Stubbs Bay Sewer Project on the basis that the property contained an existing residence
structure; and
WHEREAS, the property owners paid the annual assessments in a timely manner
for the six tax years 1993 through 1998; and
WHEREAS,the residence on the property was connected to the municipal sewer in
1993 and the sewer was in use during times that the residence was occupied thereafter; and
WHEREAS,in June 1998 the property was purchased by the owners of the adjacent
property, Joseph and Mary Fiedler, at which time the Fiedlers paid to the City the remaining sewer
assessment balance of$5,304.02 which would have continued on the assessment rolls for tax years
1999 through 2007 had it not been paid off; and
WHEREAS, on October 7, 1998 Joseph Fiedler formally requested that the City
refund to him the amount of$5,304.02 based on his agreement to remove the plumbing from the
principal residence structure on the property and to legally combine 373 Westlake Street with
Fiedler's homestead parcel at 365 Westlake Street(Lot 18, Block 2, Hillside Park, aka PINS No. 05-
117-23 23 0029) as documented in City of Orono Resolution No. 4192 ; and
WHEREAS,Mr Fiedler has indicated an intent to eventually remove the principal
residence structures on each of Lots 17 and 18 and construct a new single family residence on the
combined Lots, hence the sewer unit allocated and assessed to Lot 17 will no longer be needed; and
WHEREAS,this refund request was reviewed by the City Council on November 9,
1998 and was approved by a vote of 3 in favor, 2 against, based on the following unique findings:
1. The property was assigned a sewer unit as part of the 1992 Stubbs Bay
project because a single family residence existed on the property. However, the property is
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only 10,675 s.f. in area, extremely substandard as compared to the 87,120 s.f. minimum lot
area requirement for the LR-1A zoning district in which the property is located, and the
property would likely have been considered as unbuildable, and potentially would not have
been assigned a sewer unit, had it been vacant at the time the project was assessed.
2. The combination of Lot 17 with Lot 18 will result in a lot that is still
only 25% of the minimum required lot area standard for the LR-IA zoning district.
3. Construction of a new single family residence on Lot 17 would not
be in keeping with the low density residential development goals and objectives of the Orono
Comprehensive Plan, nor in keeping with the standards of the LR-1A Zoning District.
Further, construction of a new single family residence on Lot 17 would certainly require
significant variances to lot area, lot width,side setbacks and possibly variances for hardcover
and structural coverage.
4. It would be in keeping with the objectives of the Comprehensive Plan
and Zoning Code to reduce the potential for a new single family residence to be developed
on Lot 17 by eliminating the sewer unit assigned to Lot 17. The sewer unit would be
effectively eliminated by refunding the amount of the remaining balance of unpaid
assessments as of the date of the Fiedlers' purchase.
5. The Fiedlers paid the remaining balance of unpaid assessments as of
June 1998 in order to facilitate a timely purchase of the property, but not with the intent to
firmly establish the right to a sewer unit for Lot 17. The Fiedler's have indicated that
construction of a new residence on the combination of Lots 17 and 18 will make use of the
sewer unit provided and assessed to Lot 18. The 1992 Stubbs Bay Sewer Project was
assessed on a unit basis and the amount assessed to Lot 17 was equal to the amount assessed
to Lot 18 and any other individual building site in the project sub-area at the time of
assessment.
6. It is not the general policy of the City to refund paid or unpaid
assessments when a principal structure is demolished or has plumbing removed. However,
when unique circumstances arise in which the general interest of the public is best served by
eliminating the possibility of future high-density development that would be in complete
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CITY of ORONO
ISA� ��^104 C.) / RESOLUTION OF THE CITY COUNCIL
ESH0.4) NO. 4 2 G 8
conflict with the City's Comprehensive Plan, then such action is warranted as it is in this
case.
7. There is no request for, and no basis for, refund of the annual sewer
assessment payments made in a timely manner during the years prior to the Fiedlers'purchase
of Lot 17.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono
Minnesota does hereby direct that the Finance Director refund to Mary and Joseph Fiedler the
amount of$5,304.02 for assessment amounts paid in June 1998.
FURTHER BE IT RESOLVED that upon payment of such refund, the City of
Orono declares to be null and void any future rights which may have been previously established for
buildability of Lot 17 as an individual site by reason of prior sewer assessment.
Adopted by the City Council of Orono,Minnesota,this 23rd day of November, 1998.
ATTEST:
C 1 t, ( e_. ,_
Linda S. Vee, City Clerk Gabrie abbour, Mayor
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