HomeMy WebLinkAbout03-17-1992 Stubb's bay sewer project - sewer unit ass - 1,4 * 14
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CITYof ORONO
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L�ES�II�
March 17 , 1992
Dean Maeser
372 Westlake Street
Long Lake, MN 55356
RE: Stubbs Bay Sewer Project - Sewer Unit Assessment
Dear Mr. Maeser:
The . City Council is currently reviewing the number of sewer units
to be assessed if the Stubbs Bay Sewer project goes forward. Since
your property is in multiple tax parcels and historically may have
contained more than one dwelling unit, there is a potential for
assesing multiple units to your property.
Your input to the planning process will help us assign the correct
number of units to your property. If possible, we would like to
meet with you to discuss the ramifications of one unit versus
multiple units assessed to your property. Please contact me at
473-7357 . .
Sincerely, /
''''0'€. CI /
Michael P. Gaffron
Assistant Planning & Zoning Administrator
MPG/lsv
•
TELEPHONE-473-7357• FAX-473-0510
To: Mayor Peterson and Orono City Council
Ron Moorse, City Administrator
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: February 24, 1992 (/C� l TQ— es- 5-
Subject: Stubbs Bay Sewer Project - Issues to be ResolvedLI s7 '
The intent of this memo is to provide an analysis and
recommendation for each of the issues identified in the cover
outline.
I. Area Inclusions.
The project has been divided into 5 distinct sub-areas for
bidding purposes. Stubbs Bay Northwest/Northeast/Bayside
East has been determined from an engineering standpoint to
be the minimum feasible project based on the potential "add-
on" areas and the designation of trunks vs. laterals. Each
of the add-on areas (Bederwood, Bayside North, Oxford, and
Cygnet) can be included or excluded on their own merits
without affecting the feasibility of other areas.
A. Northwest/Northeast/Bayside East. This basic project
area includes a total of 82 units more or less. The
final determination for number of units is dependent on
decisions in Item II below. For the most part, these
are relatively small lots as compared to the rest of
the Stubbs Bay area, and in many cases have marginal
septic systems with poor potential for replacement.
Estimated Unit Cost: Northwest - $12,440; Northeast -
$12,450; Baside East - $10,650.
Staff Recommendation: Inclusion.
B. Bederwood. The Bederwood area, including 10 houses
plus 1 vacant lot, will require a separate lateral
system and a grinder pump station. 5 of the lots are
1.6 acre or greater, the remaining 5 are 0.8 acre or
smaller. Of these 10 , one is a failing system with
poor potential for a conforming replacement system,
others would be considered as marginal but still
working. Because of the lift station, the cost of
serving this area is relatively high.
Estimated Unit Cost: $18 ,190.
Staff Recommendation: Trunk assessment now, construct
and assess lateral now if neighborhood requests.
1. The zoning boundary between LR-1A and LR-1B is
about 100' south of the
vacant lot,
and does not
follow existing p P Y
2. The 3+ acre parcel, 420 Tonkawa, is in the sewered
zone, was provided with a sewer stubb in the 1973
project, but apparently was not assessed for that
service and has never connected to the sewer.parcel wouldbhe
e
current connection charge f$33r t35t5 per front foot,
$7, 035 unit charge p
which could amount to an additional $10 , 000
depending on the determination of footage to be
assessed. A former property owner was notified in
1981 that this property was considered as part of
the rural service area, although this conceptually
would no longer be the case if the Stubbs Bay
project is ordered.
In staff's opinion it would be reasonable to allow
exclusion of the 1-acre lot from the Stubbs Bay
project conditioned on the following:
a. Legal combination with adjacent 3 acre
property.
b. Require connection of 420 Tonkawa to sewer,
property owner to pay connection charge
(amount to be determined).
3 . Under this scenario, and with the current zoning
boundaries in effect, the total combined property
north of the zoning boundary line would be less
than the 2-acre minimum for a buildable lot. Any
future subdivision proposal for the portion of
property in the one-acre zone would have to
include provision of facilities for connection to
the municipal sewer at applicant's cost.
4. An additional factor with this request, is that
the City needs an easement along the north end of
the 1 acre vacant parcel for a force main. The
property owners' agent has been advised of this
need and has been requested to contact the City
Engineer regarding this easement.
Staff Recommendation:
1. Allow exclusion conditioned on legal combination
as proposed.
2 . Require connection of 420 Tonkawa to existing
sewer stub.
3. Negotiate connection charge for 420 Tonkawa in
consideration of request for temporary and
permanent easements along north boundary of
.ro•erty.
B. 372 Westlake Street - Dean Maeser.
4
///://7( This property historically has contained a single
residence and as many as 3 rental cabins. With 3
separate tax parcels totaling 2.1 acres, this property
under current zoning should be considered fora single
sewer unit. However, with what might perhaps e
considered as principal structures on more than 1 of
the parcels, it would be in the City's interest if the
properties were combined and plumbing removed from the
cabins. There is a possibility that the property owner
would see a benefit in paying for multiple units if
that would guarantee a future lot line rearrangement to
allow more than 1 unit. The current zoning would not
allow development of the 3 separate parcels without
extreme variances.
Staff Recommendation:
1. Review the zoning issues with the property owner.
2 . If property owner wants multiple units, make him
aware that he will be charged for multiple units
with no guarantee of future buildability of the
properties.
3 . Offer the alternative of 1 unit if property owner
will 'remove plumbing from cabins and combine the 3
parcels into 1. _______
C. 324/332 Westlake Street - Blake Bichanich. This 1.4
acre property consists of two 0.7 acre tax parcels.
The applicant had been granted variances for upgrading
the residence on the southern lot, and the City agreed
to assess 1 unit to the entire property based on future
combination. However, applicant allowed the variance
to expire without ever signing the resolutions, hence
no construction ever occurred and these are still 2
separate commonly owned tax parcels.
Staff Recommendation: Assess this property 2 sewer
units, but drop that to 1 if property owner renews the
expired variance and follows through with his original
proposal.
D. 3865 Bayside - David Dianis. This property consists of
2 tax parcels, totaling 1.9 acres. The property owners
in signing their original appeal waiver requested 2
sewer units. The existing residence sits on the
smaller of the 2 parcels. The property owner obviously
wants 2 sewer units only if that will gain him the
ability to build a second residence.
From a zoning code standpoint, the entire 1.9 acre
combination of properties should be considered a single
unit. Under the 2 acre standards the approximately
200' of shoreline would allow only 1 lakeshore property
even if there was enough acreage for a second unit.
Also, although there are 2 tax parcels, the southerly
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.•(\..: CI'TY of ORONOf
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i,'.t t)ffir It#,x fiei•Crystal Bay, Minnesota 5532:0 Municipal Ofips .
CITYLt t>'r f
OF On the North Shorey of Lake Minnetonka f_
r am
ORONO ,r i
July 28, 1980 ' '', t
,;Mr. Leo Levens
•
372 West Lake Street"
Long Lake, e;
Minnesota 55356 x - # ;.
Re: Repairs to Existing Septic Sys:' Pm '`•
4krl '
1
Dear Mr. Levens: , 's '' ,4'.
We have reviewed your plans for repairs to your drainfield as propo „, w '
by Jerry Johnson your contractor. While the proposed drainfield additi '' R# .
A i 4
`' does not conform to current code standards, it may relieve an existing x „,
S,
health hazard (sewage backup into living quarters) while probably not::: * :1 ,,t
creatinganyadditional „, M�'
pollution hazard to the lake. However, the C�ty'�;,
Council has indicated they do not intend to sewer West Lake Streetat`:.,rthi Rr~,• ”
time, and has directed that all lakeshore properties having septicAsys ",rx`
which are non-conforming by State and City Shoreland Management Stand' ,
yet not visibly causing a pollution or health problem on the surface , , " ' ` '
3e.&4
be made conforming within an unspecified period of time to be de / '.
by the City staff. At this time, we are still in the process of,, ,
all non-conforming shoreland systems in the City and will shortl *� °` �
orders requiring compliance within a set time, probably within i, ;� °' •° `' `�s.
We have issued a permit to your contractor for the proposed drain 4,,, -,s.
�'• addition as long as you agree to abide by the compliance orders tr ",:''-',---,,,,,-,,,.,,,t-:,,,;,4-, }
• issued in the near future. Please sign and return a copy of this - , -, E,'
If you ha:e any questions, please call. I have enclosed a copy`OrAh 4, mi ,
of Minnesota Extension Bulletin 394 which outlines the state +,yr
Sincerely, -.
.## Michael P. Ga•
ran •n ' ,,< t ,
` On-Site Systems Managerq
MPG:kh '
Enc.
4,-,,,,, iti A 4
I agree to comply with orders to bring the septia'syst� ,,�`•
dwellings at 372 West Lake Street into com ii 10 - sa -,, ` y
codes per City requirement* Otat rintad in} th , „ ,,,,I,,,.!,,,,,."), ..a $, '
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.) ^/ y�r y�.Jy,�yt,@gam ,4-e,'”,{ *� ,}}g.VA.a3. yrt TA , y
Lao Levens,t S P r.'oper 11iy' Owr ^Aa.Y c't`i `,Fc g ik -42,, ,' #� . 1a4 5"'{,�1 ) xy�, 1
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§ 10 . 03
SEC. 10.03. GENERAL PROVISIONS.
Subd. 1. Minimum Requirements. In their interpretation
and application, the provisions of the Zoning Chapter shall be held
to be the minimum requirements for the promotion of the public
health, safety, morals, and welfare.
Subd. 2. More Restrictive Provisions To Apply. Where
the conditions imposed by any provision of the Zoning Chapter are
either more restrictive or less restrictive than comparable
conditions imposed by any other law, City Code provision, statute,
resolution, or regulation of any kind, the regulations which are
more restrictive, or which impose higher standards or requirements
shall prevail.
Source : Municipal Code
Effective Date: 9-14-67
Subd . 3 . All Permits Compatible With Agency
Requirements. A building permit, conditional or special use
permit, or other permit or necessary permission of the Council,
wherever or whenever required by the City Code may be denied if the
proposed action or permit is not compatible with the intent and
provisions of the Surface Water Management Plan, the Storm Water
Run-Off and Shoreland Guidelines Policy Statement promulgated by
the Lake Minnetonka Conservation District, and any other valid
governmental regulations, plans and policies adopted by the City.
Three copies of the Policy Statement, other applicable governmental
regulations, plans and policies adopted by the City shall be marked
as official copies and filed for use and examination by the public
in the City Hall.
Source : Ordinance No. 172
Effective Date: 1-1-75
Subd. 4. Prohibitions. It is unlawful to convert ,
enlarge, recon lter any struct
any
structure
land
for any purpose nor inany mannerwhich is not in conformity
with the Zoning Chatter.
Subd. 5. Non-Conforming Uses. Any land or buildings
which were actually and legally devoted to a non-conforming use on
January 1, 1975 , may be continued in said non-conforming use
pursuant to conditional use permit granted as hereinafter
specified. 4
A. The non-conforming use may not be changed to ,
another non-conforming use.
B. Nothing in this Zoning Chapter shall prevent the
placing of a structure in safe condition when said structure is
declared unsafe by the Building Inspector, providing the necessary
ORONO CC
251 (4-1-84)
• § 10 .03
repairs shall not constitute more than fifty percent (50%) of the
fair market value of such structure. Structure shall include such
accessory features attached to the structure or located anywhere on
the land, such as signs, marquees, monuments.
C. When any lawful non-conforming use of any
structure or land in any district has been changed to a conforming
use, it shall not thereafter be changed to any non-conforming use.
D. Whenever a lawful non-conforming structure shall
have been damaged by fire, flood, explosion, earthquake, war, riot,
or act of God, it may be reconstructed and used as before if it be
reconstructed within twelve (12) months after such calamity, unless
the damage to the building or structure is seventy-five percent
(75%) or more of its fair market value as shown on the assessment
records at the time of damage, in which case the whole thereof
shall be demolished, and any construction thereafter shall be for a
use in accordance with the provisions of this Zoning Chapter.
E. Whenever a lawful non-conforming use of a
structure or land is discontinued and remains discontinued for a
period of twelve (12) months, any future use of said structure or
land shall be in conformity with the provisions of this Zoning
Chapter .
F. Any lawful non-conforming use of land not
involving a structure, and any lawful non-conforming use involving
a structure with an assessor's fair market value upon the effective
date of this Zoning Chapter of $3,000.00 or less, may be continued
for a period of thirty-six (36) months after the effective date of
this Zoning Chapter, whereupon such non-conforming use shall cease,
unless brought into conformity with the Zoning Chapter.
G. Any proposed structure which will, under this
Zoning Chapter , become non-conforming but for which a building
permit has been lawfully granted not more than six (6) months prior
to the effective date of this Zoning Chapter, may be completed in
accordance with the approved plans; provided construction is
started within six (6) months of the effective date of this Zoning
Chapter, and continues to completion within two (2) years. Such
structure and use shall thereafter be a legally existing non-
conforming structure and use.
H. Normal maintenance of a building or other
structure containing or related to a lawful non-conforming use is
permitted , including necessary non-structural repairs and
incidental alterations which do not extend or intensify the non-
conforming use.
6 ORONO CC 252 (4-1-84)
§ 10 .03
I. Alterations may be made to a building containing
lawful non-conforming residential units when they will improve the
livability thereof, provided they will not increase the number of
dwelling units or bulk of the building.
Source : Ordinance No. 172
Effective Date: 1-1-75
J. Apply to Uses Only. The non-conforming use
provisions of the Zoning Chapter apply only to the use to which
land and buildings are put, and do not apply to situations where I
location or height of structures , lot size or other factors not
involving the use of the premises prevent strict conformance with
the requirements of the Zoning Chapter. Where, however , such a
situated existed legally under the prior applicable law, the
Council will not unreasonably require strict compliance and will
generally look with favor on granting of a variance under Section
10 . 08 .
Subd. 6. Lot of Record. A lot of record is any lot for
which a deed or registered land survey has been recorded in the
office of the Register of Deeds orto the
Regyy 1ra19 , tlfor
ofTitles
for
Hennepin County, Minnesota, p o
approval by the Council if required.
Source : Municipal Code
Effective Date: 9-14-67
A. Existing Lots. A lot of record existing upon
January 1, 1975 in an "R" District, which does not meet the
requirements of the Zoning Chapter as to area or width may be
utilized for a single family detached dwelling purpose provided
that in the judgment of the Council such use does not adversely
affect public health or safety and the following requirements are
met:
Source : City Code
Effective Date: 4-1-84
1. In "R" Districts of One Acre or Less and
With Public Sanitary Sewer. A lot of record existing upon the
effective date of this Zoning Chapter in any "R" District of the
City of up to and including one acre, which lot is serviced by
public sanitary sewer and which does not meet the requirements of
this Zoning Chapter as to area or width only, may be utilized for
single family detached dwelling purposes without Council approval
if the area measurements and width of that lot are within eighty
percent (80%) of the requirements of this Zoning Chapter. However,
the lot of record shall not be more intensely developed unless
ORONO CC 253 (4-1-84)
Orta
C v 7- Coes
10 .55
Subd. 26. Non-conforming Uses. A structure or the use
of a structure or premises which was lawful before the passage or
amendment of this Section but which is not in conformity with the
provisions of this Section may be continued subject to the
following conditions:
A. No such use shall be expanded, changed, enlarged r
or altered in a way which increases its non-conformity.
B. No structural alteration or addition to any non-
conforming structure over the life of the structure shall exceed 50
percent of its value at the time of its becoming a non-conforming
use, unless the structure is permanently changed to a conforming
use or unless the alteration or addition would substantially reduce
potential flood damages for the entire structure.
C. Any alteration or addition to any non-conforming
use which would result in substantially increasing its flood damage
potential shall be protected in accordance with Subdivision 14 ,
Subparagraph E of this Section. —
D. If such use is discontinued for twelve
consecutive months, any future use of the building premises shall
conform to this Section. The assessor shall notify the Zoning
i Administrator in writing of instances of non-conforming uses which
have been discontinued for a period of twelve months.
E. If any non-conforming use is destroyed by any
means, including floods, to an extent of 50 percent or more of its
assessed value, it shall not be reconstructed except in conformity
with the provisions of this Section. However, the City may issue a
conditional use permit for reconstruction if the use is located
P outside the floodway and, upon the reconstruction, is adequately
• flood proofed, elevated or otherwise protected in conformity with
this Section.
F. Uses or adjuncts thereof which are or become
nuisances shall not be entitled to continue as non-conforming uses.
G. Except as provided in Subparagraph E above, any
use which has been permitted as a conditional use shall not be
considered as a non-conforming use.
H. Non-conforming uses located in the Floodway
District shall be eliminated or brought into conformity with
hthe
he
standards contained in this Section within a reasonable period
time as determined by the City, after a hearing for each such non-
conforming use. The Council shall make its determination upon the
basis of the normal useful life of any improvement upon the
premises. In addition, the monetary value of any competitive
advantage derived by the operation of such non-conforming use, by
reason of the limitation on establishment of competing businesses
ORONO CC 375 (4-1-84)
•
10 .55
as a result of this Section, shall be considered as a reduction of
Closses resulting from the requirement of termination of the use 1
under this Section.
Subd. 27. Amendments. The flood plain designation on
the official maps shall not be removed from flood plain areas
unless it can be shown that the designation is in error and that
the area is at or above the elevation of the regional flood and is
contiguous to lands outside the flood plain. Special exceptions to
this rule may be permitted by the Commissioner of Natural Resources
if he determines that, through other measures, lands are adequately
protected for the intended use. All amendments to this Section
including amendments to the official maps must be submitted to and
approved by the Commissioner of Natural Resources prior to
adoption. Changes in the official maps also require prior approval
by the Federal Insurance Administration.
Subd. 28. Interpretation. In their interpretation and
application, the provisions of this Section shall be held to be
minimum requirements and shall be liberally construed in favor of
the City and shall not be deemed a limitation or repeal of any
other powers granted by State Statutes. The boundaries of the
Flood Plain Districts shall be determined by scaling distances on
the official maps. Where interpretation is needed as to the exact
location of the boundaries of the district as shown on the official
maps, as for example where there appears to be a conflict between a
mapped boundary and actual field conditions, the City Engineer
shall make the necessary interpretation based on elevations on the
regional ( 100-year) flood profile. The person contesting the
location of the district boundary shall be given a reasonable
opportunity to present his case to the City and to submit technical
evidence if he so desires.
Subd. 29. Abrogation and Greater Restrictions. It is
not intended by this Section to repeal , abrogate or impair any
existing ordinance, regulation, easement, covenants or deed
restrictions. However , where this Section imposes greater
restrictions, the provisions of this Section shall prevail.
Subd. 30. Warning and Disclaimer of Liability. This
Section does not imply that areas outside the flood plain districts
or land uses permitted within such districts will be free from
flooding or flood damages. This Section shall not create liability
on the part of the City or any officer or employee thereof for any
flood damages that result from reliance on this Section or any
administrative decision lawfully made thereunder.
Source: Ordinance No. 213
Effective Date: 1-11-79
ORONO CC 376 ( 4-1-84)
L-
§
§ 3.05
shall specify the amount thereof, the description of the premises
served, and the name of the owner thereof. The amount so certified
shall be extended by the Auditor on the tax rolls against such
premises in the same manner as other taxes, and collected by the
County Treasurer, and paid to the City along with other taxes.
Subd. 9. Damage to Municipal Utility Equipment. It is
unlawful for any person to intentionally cause any damagetot
noty
municipal utility equipment or appurtenance, including,
limited to, meters, street lights, water hydrants and curb cocks.
Anyone causing such damage shall pay the reasonable value thereof
to the City, including labor
effect,r an winsuror ofl and stalanyl equipment of ain
equipment and shall be,
his possession or with which he comes in contact.
Subd. 10. Municipal Utility Service Outside the City.
The City Administrator is hereby authorized to furnish municipal
utility service to consumers outside the City, provided, that such
consumers specifically agree to all the terms of the City Code,
including, but not limited to, rules, regulations and rates adopted
thereunder and the right to specially assess delinquent services,
charges and penalties. e
___,---
Subd. 11. Separate Services. Each separate occupied
property or each separate building or occupancy on a single
property shall be served by and shall utilize a separate snservice
vice !
connection not shared by any other property or occupancy,
each unit of any townhouse development, or each commercial
occupancy under separate ownership. Exceptions: (1) duplex
L-----
dwellings consisting of two residential units in one building, on
one parcel of property, owned by one owner; or, (2) condominium,
residential or commercial uses having more than one owner within
the same building, where the land and/or common areas of the
building including service areas are owned in common or by an
association; or (3) apartment buildings or leasehold commercial
buildings having one owner but multiple tenants.
SEC. 3.06. CERTIFICATION REQUIRED PRIOR TO TAPPING OR
CONNECTION. Prior to issuance of a permit to tap or connect a lot
or parcel of land with a municipal utility, the City shall issue a
certificate of compliance with one of the Subdivisions of this
Section. Any certificate issued under this Subdivision shall
provide that in the event of a subsequent assessment thereon for
such utility, the amount of the assessment hereunder shall be
credited against the subsequent assessment.
Subd. 1. The certificate shall state that such lot or
parcel has been specially assessed for its share of the cost of
construction rwater
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that no installments thereof aredelinquentor
ORONO CC
44 (4-1-84)