HomeMy WebLinkAbout1995 - sewer conn w �
O co
CITY of ORONO
-� Municipal Offices
teifel
;.4 ',;; t'���w"'"�G Street Address: Mailing Address:
�`9k � p4' 2750 Kelley Parkway P.O. Box 66
ESH� Orono, MN 55356 Crystal Bay, MN 55323-0066
February 1, 1995
Mr. Dean Maeser
372 Westlake Street
Long Lake, Minnesota 55356
Re: Sewer Connection
Dear Mr. Maeser:
The sixteen month deadline for connection of your residence to City sewer expired in August
1994. Our records indicate that no permit has been issued for this connection, and the
connection has not been commenced. You were notified of the connection requirement in a
letter dated August 8, 1994 (attached), in which Steve Weckman extended your deadline to
September 15, 1994. This was not met.
Early in September 1994 I discussed with your attorney, Michael Perlman, the issues
surrounding connection of your two rental cabins to sewer. The City's position is as follows:
1. The main residence structure must immediately be connected to municipal sewer.
2. The two rental cabins may not connect to the municipal sewer for the following reasons:
a. The property was assessed only one sewer unit as part of the Stubbs Bay sewer
project.
b. The City Council chose to assess only one unit, to serve the main residence, based
on the following conclusions:
• The property consists of three tax parcels owned in common.
• The two rental cabins as well as the main house overlap lot lines, therefore this
property is considered as a single residential property.
• The rental cabins are located less than 75' from Stubbs Bay and therefore are
considered as nonconforming accessory structures.
• The use of the cabins as rental units is a nonconforming use in the LR-1A Single
Family Lakeshore Zoning District.
• The LR-1A Zoning District requires a minimum single family lot size of 2.0
acres. The combined acreage of the three tax parcels is 2.1 acres, therefore no
subdivision to convert the rental cabins into free standing single family dwelling
units is feasible.
Telephone (612) 473-7357 • FAX 473-0510
ireMr. Dean Maeser
February 1, 1995
Page 2
c. It is the City's position that the rental cabins are no longer a lawful nonconforming
use. Per Zoning Code Section 10.03, Subd. 5(F) ". . . any lawful nonconforming
use involving a structure with an assessor's fair market value upon the effective date
of this zoning chapter (1/1/75) of $3,000 or less may be continued for a period of
thirty-six months after the effective date of this zoning chapter, where upon such
nonconforming use shall cease, unless brought into conformity with the zoning
chapter".
A review of the City Assessor's records indicates the fair market value of the two
rental cabins as of 1/1/75 appears to have been approximately $1,900 combined.
Technically therefore, the nonconforming use for rental purposes was required by
code to cease as of 1/1/78. In effect, the City has tacitly allowed this use a sixteen
year grace period.
d. The two cabins and your home share a septic system located less than 75' from the
lake and less than 3' above the water table, according to City records. This system
is by definition nonconforming and subject to City ordinances regarding
nonconforming septic systems.
e. A septic system repair permit issued in 1980 was acknowledged by the then owner,
Leo Levens, as a temporary repair. This repair primarily was for the main house,
although the cabins had apparently always been connected to the main house system.
Had you or the previous owner requested City permits for any work on the rental
cabins, that would have triggered review of the conformity issues which are now of
concern due to the sewer connection requirement for the house.
f. We are reviewing the circumstances to determine whether continued use of the non-
conforming septic system is a basis for a hazardous building action regarding the
cabins.
Zoning Administrator Jeanne Mabusth and I met with you in April 1992 to discuss the sewer
issues, and advised you of the City's intent to assign only one sewer unit, for the main house.
We indicated that the two rental cabins would not be served, and would eventually be required
to be discontinued, with a possibility of using holding tanks if approved by the City Council.
You did not specifically object to this at that time nor did you subsequently contact the City
regarding the number of sewer units when the property was assessed for a single sewer unit.
The following are potential options regarding the cabins (Options 2, 3 and 4 require City
Council approval and might not be approved if requested):
1. Discontinue rental use of the cabins, remove their plumbing, and abandon the existing
nonconforming septic system. The two structures would be allowed only non-structural
repairs henceforth per Code Sections 10.03, Subd. 5 and 10.55, Subd. 26.
2. Request the City Council's approval to construct a holding tank system to serve the two
cabins. Such a system requires intensive and expensive maintenance. It would be
unusual for the City Council to allow holding tanks in any situation other than on a
temporary basis where municipal sewer is expected to become available in the near
future. That is not the case here. City staff will not support this option.
•
Mr. Dean Maeser
February 1, 1995
Page 3
3. Request that the City Council allow the cabins to be connected to municipal sewer. That
connection would be conditioned on the following:
a. Payment of $850 Sewer Availability Charge (SAC) for each rental cabin.
b. Payment of a separate connection charge for each cabin of $13,097 per unit.
c. Property owner would have to execute an agreement containing the following
conditions:
• Payment for additional sewer units allows connection only for the remaining life
of each existing rental unit (structural repairs would not be allowed), and that
once such rental units are discontinued, there will be no refund of any portion of
the connection charges.
• Payment of additional connection charges does not grant any specific rights to
future reconstruction or replacement of the cabins.
• Payment of said sewer connection charges shall not be used as justification for
any request for future variances, subdivision of the property, etc.
4. Request that the City Council allow connection of the rental units to municipal sewer
with no connection charge (SAC charge likely would be required) for a finite time period
at the end of which the property owner would have to remove the cabins. Staff would
recommend that time period not exceed two years.
I would be pleased to discuss any of the above with you or your attorney. Connection of your
residence to municipal sewer must be completed as soon as weather permits this spring.
If you have any questions, please feel free to contact me at 473-7357.
Sincerely,
t
Michael P. G roi
Asst. Planning & Zoning Administrator
MPG/ch
Enc.
cc: Michael Perlman, Suite 426, Parkdale Plaza, 1660 Hwy. 100, St. Louis Park, MN 55417
Thomas Barrett, City Attorney
• • ORDINANCE 4105, 2nd Series
AN ORDINANCE TOARPSAOFROZSIES WITHIN THE PROVISIONS OF
HE
STUBBS BAY SEWER PROJECT
ORONO MUNICIPAL CODE SECTION 12.30, SUBDIVISION 4 (B) (1)
AND ESTABLISHING REQUIREMENTS FOR CONNECTION TO SEWER
FOR PROPERTIES WITHIN THE S'XUBBS BAY SEWER PROJECT AREA
WHEREAS , the City Council of the City of Orono
e
(hereinafter "the City" ) has ordered k tallation of
lines and laterals toh erveinsthe Stubbs Bay
municipal sewer true
area; and
WHEREAS, the Stubbs Bay sewer project area iprovides ed with
137
properties or groups of properties which will be
sewer connection stubs brought to the property ounsary, s bd
properties and groups of properties being legally
Property Identification Numbers in Exhibit A attached; and
WHEREAS, the Stubbs Bay sewer project is anticipated to
be complete and available for connection in late 1992 or early
1993 ; and
WHEREAS, Municipal Code Section 12.30 , Subdivision 4
(B) (1) requires that the owners of all buildings where municipal
sewer becomes available shall connect suchb u lthdings tto
the e City
sewer within 16 months of the availability
WHEREAS, in order to reduce the immediate financial
burden on homeowners in the Stubbssewer sehwer p
tharea, the
City Council has agreed to extend the
lengired
connection period for properties in the project area.
NOW THEREFORE, the City Council of Orono does hereby
ordain:
Section 1. The owners of properties within t e Stubbs
Bay
sewer project area are hereby exempted from the provisions Municipal Code Section 12.30, Subdivision 4 (B) (1), but shall be
subject to the following provisions:
1. The owners of properties which fall into one or more of
the following categories shall connect the existing
residence to municipal sewer within 90 day
availability:
Page 1 of 3
Ordinance #105, 2nd Series
a. Properties with septic systems that are
discharging to the surface.
b. Properties using holding tanks as a primary or
partial method of sewage disposal.
The owners of properties which fall into the following
2. g
category shall connect the existing residence to
municipal sewer within 16 months of its availability:
a. Properties located within 500 feet of the
'� shoreline of Stubbs Baywhich
than the aequired 36
rainfield
trenches or beds located less
inch vertical separation above the normal lake
elevation of 929.4' MSL. The vertical separation
distance is measured to the bottom of the rock in
the trench or bed.
I.: b. Properties that have drainfields located less than
75' from the shoreline of Stubbs Bay or Stubbs Bay
Creek.
c. Properties that have drainfields located less than
the State minimum 50' separation from a water
well. -----'
3 . The owners of all properties which do not fall into one
of the categories in Item 1 or 2 above shall connect
the existing residence to the City sewer within sixty
( 60 ) months of the date the sewer becomes available,
except that any property which experiences septic
system failure during the 60 month connection period
shall make such connection within 90 days of notice of
such failure.
4. In the event that a septic system located in the Stubbs
Bay sewer project area and within the Shoreland Overlay
District is determined to be classified non-conforming
as a result of an inspection triggered by application
for a building permit or variance pursuant to Municipal
Zoning Code Section 10.56, Subdivision 17 (C) , the
owner of such system shall be required to connect the
he
existing residence to the sewer within one year
notification of the non-conforming classification.
Page 2 of 3
Ordinance #105, 2nd Series
5 . If during the 60 month connection period, the City
initiates a program to determine the conformity
classification of all septic systems in the Shoreland
Overlay District, the Stubbs Bay sewer project area
shall be exempt from such program to the extent that
any systems classified as non-conforming solely as a
result of such program shall not be subject to the
normal one year non-conformity elimination deadline.
Section 2. Effective date. This ordinance shall be
effective upon publication.
Adopted by the City Council of the City of Orono,
Minnesota this 27th day of July , 1992.
ATTEST:
vi
40 othy allin, City Clerk Ba ara A. Peter/soil, Mayor
. Diann Goette�n�Acting Mayor
PERLMAN LAW OFFICE, P.A. FEB 1 3 1995
ATTORNEYS AT LAW
MICHAEL L.PERLMAN 426 PARKDALE PLAZA
LAURA LEDSWORTH-WANG
1660 SOUTH HIGHWAY 100
DEBORAH S.BREZINA
MINNEAPOLIS,MINNESOTA 55416
LEGAL ASSISTANT
TELEPHONE(612) 5449190
ALLAN F.SHAPIRO
FAX(612)544-9233
OF COUNSEL
February 10, 1995
Mr. Michael P. Gaffron
Asst. Planning & Zoning Administrator
City of Orono
P.O. Box 66
Crystal Bay, MN 55323-0066
RE: Maeser/Sewer Connection
372 W. Lake Street
Dear Mr. Gaffron:
I have reviewed your February 1, 1995 letter with Mr. Maeser.
The options regarding the cabins that are proposed on pages 2 and
3 of your letter are not very attractive. Options 2 and 3 are
cost-prohibitive, and my clients cannot consider them for that
reason. That leaves options 1 and 4 . Option 1 is, obviously, of
no benefit to my clients. They purchased the property in reliance
upon the rental use of the cabins. Their income and livelihood
depend in part on the rental use.
Option 4 is the only one that the Maesers can realistically look
at. However, the time frame for removal of the cabins (2 years) is
too short for them to make plans for their financial future. Since
Ordinance #105 has a 60 month provision for certain situations, my
clients are requesting that the City grant approval of option 4, .
with payment of the SAC charge for each cabin, for a period of 60
months.
Please let me know how and when we might present this request
before the City Council.
Sincerely, 7
i
4,:fla gi,z t_._
---q5A
Iichael L. Perlman
PERLMAN LAW OFFICE, P.A.
MLP/db
cc: Mr. and Mrs. Dean Maeser
CITY of ORONO
TELECOPY COVER LETTER
Please deliver the following page (s) to:
Name: 71.,K . 13 M ` `.
From:
Total number of pages including this cover
letter .
Date: 2 - 1'7 - J
IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL US AS SOON AS
POSSIBLE.
Phone: (612) 473-7358 and ask for : h .
Our telecopy number is: (612) 473-0510
Additional Message:
iP-C-SiCWSO y lAt5t K'_ v2, : •.i k 4), /slot'
aeAfec DA.7 ett;- t/ohater /YPt rf./16,4-04,414\rr
sAloviA Nuc IF C '' .rc.. I -P 5 -tae- eleePo . oR,.
(torv`t '1PA a f f'`h► ye,44 '7 o r v'.) 6'. r • 1)
PERLMAN LAW OFFICE, P.A.
ATTORNEYS AT LAW
MICHAEL L.PERLMAN
LAURA LEDSWORTH-WANG
426 PARKDALE PLAZA
DEBORAH S.BREZINA 1660 SOUTH HIGHWAY 100
LEGAL ASSISTANT MINNEAPOLIS,MINNESOTA 55416
ALLAN F.SHAPIRO TELEPHONE(612) 5442190
OF COUNSEL !FAX(612) 544-9233
March 7 , 1995 �_v._._w____
n r CITY OF
E �,
I I C71
NO Jil.
Mr. Michael P. Gaffron
Asst. Planning & Zoning Administrator
City of Orono
P.O. Box 66 MAR 9 1995
Crystal Bay, MN 55323-0066
RE: Maeser/Sewer Connection
372 W. Lake Street
Dear Mr. Gaffron:
Confirming our conversation on Monday afternoon, we will appear
before the City Council next Monday, March 13, 1995, in reference
to the above matter.
Please let me know, as soon as possible, at what point in the
meeting you anticipate this item will be heard so that we can plan
accordingly. Thank you for your assistance.
Sinc rely, /27 _
44044---
Michael L. `-erlman
PERLMAN LAW OFFICE, P.A.
MLP/db
cc: Mr. and Mrs. Dean Maeser