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Home My WebLink About02-01-1995 - re: sewer conn OW, E liv0 4j. -,,\ C) ,\ ORONO = �, CITY of I) P:'s ,•--a.,,-J--)k----_ i Municipal Offices ��°~J Mailing Address: r' i,, 'r I`s G / Street Address: t<gkES dev Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-G066 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 Mr. 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): OPT-1W 1. Discontinue rental use of the cbhuis�roem�c�s would be allowed only non-structuraleir plumbing, and abandon e existing nonconforming septic system. repairs henceforth per Code Sections 10.03, Subd. 5 and 10.55, Subd. 26. op'7niJ 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 (9 p'noN 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. orrron1 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, 10 v .�/ Michael P. G ro 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