HomeMy WebLinkAbout1995 sewer connec PERLMAN LAW OFFICE, P.A.
ATTORNEYS AT LAW
MICHAEL L.PERLMAN
426 PARKDALE PLAZA
LAURA LEDSWORTH-WANG
DEBORAH S.BREZINA 1660 SOUTH HIGHWAY 100
LEGAL ASSISTANT MINNEAPOLIS,MINNESOTA 55416
ALLAN F. IS APIRO TELEPHONE(612)544-9190
OF COUNSEL FAX(612)544-9233
March 24, 1995
Mr. Michael P. Gaffron
Asst. Planning & Zoning Administrator ' s
City of Orono
P.O. Box 66
Crystal Bay, MN 55323-0066
RE: Maeser/Sewer Connection MAR 2 �4 1995
372 W. Lake Street " ^^
Dear Mr. Gaffron:
Thank you for your letter dated March 21, 1995.
I will be out of my office during the week of March 27th, but I
will prepare a draft agreement for review by Mr. Barrett during the
first week or two in April.
Sincerely, 2
J
//If
Michael L. Perlman
PERLMAN LAW OFFICE, P.A.
MLP/db
cc: Mr. and Mrs. Dean Maeser
Mr. Tom Barrett
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON MARCH 13, 1995
(#12) SEWER CONNECTION, 372 WESTLAKE STREET
The Applicants, Mr. &Mrs. Maeser were present, along with their attorney, Mr.
Perlman.
Gaffron reported that this property was looked at in 1992 regarding sewer connection.
There are three tax parcels with a principal residence and two rental cabins located close
to the lake, and one structure used for storage. The two cabins are non-conforming as
they are too close to the shoreline. Further, the rental of cabins in a single family
residential zone is also nonconforming. The property was assessed one sewer unit as part
of the Stubbs Bay project. Assessing units for the cabins would have potentially created
permanency for the cabins. It was noted that the house is located on two parcels. This
area is a two acre zone.
Gaffron reported the need to deal with the cabins at the same time as the principal
residence is connected to sewer. Holding tanks are a possible temporary solution. Each
unit would require separate connections. The connection charges would be $13,097 per
unit or$26,000 plus $850 SAC to connect the cabins. The house and cabins are not yet
connected to the sewer. At present, one septic system services all three structures. The
drainfield is located less than 75' from the lake, and less than 3' above the water table.
Staff has given several options for the owners as exhibited. Owners have requested
option #4. This connects sewer permanently to the house only. The cabins would
temporarily continue to be used for rental property and must be removed after a defined
period of time. This option requires the two cabins to be temporarily connected to
sewer, but not have to pay the $26,000 connection charge.
Callahan asked if this request was a result of city activity regarding the sewer system.
Gaffron acknowledged this. Gaffron recommended allowing a time period not to exceed
two years for the temporary sewer connection. Other options given were 1) discontinue
rental use of cabins, abandoning the existing nonconforming septic system; 2)
construction of a holding tank system for the two cabins, which requires intensive and
expensive maintenance; and 3) allow cabins to be connected to municipal sewer on a
relatively permanent basis, requiring payment of the connection charge. Option#3 would
require a condition stipulating that the property could not be subdivided in the future.
Gaffron said an option#5, not presented to the owners, would require immediate
connection of the house to sewer but allow the cabins to remain on septic for a short time
before removal.
In relaying history as requested by Goetten, this property is in the Stubbs Bay sewer
connection area. Mr. Maeser was informed previously about the one unit of sewer, and
the cabins were left to be resolved at a later date. A letter was sent in August of 1994
regarding the need to connect to sewer.
•
6
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON MARCH 13, 1995
(#12 - Sewer Connection - Continued)
Goetten voiced her concern with the need to hook up sewer for the house, but does not
want cabins to be connected. She does not wish for a precedent to be set and wants to
see that codes are met.
Attorney Perlman reported he had discussed options with Mr. Weckman in 1994, and
later with Gaffron, who indicated he would contact the owners with additional options.
The letter from Gaffron sent last month was the next communication with the City
according to Perlman.
Perlman said that the owners are willing to connect the house to sewer. The issue of the
cabins is their main concern as the cabins present a source of necessary income. It is cost
prohibitive for the owners to connect both the cabins and house to sewer. Perlman said
the owners are asking for option#4 and are resolved to remove the cabins, but wish to
allow for a longer period of time before this occurred. The owners are willing to pay the
costs involved to connect the house to sewer, pay the SAC fees, and permit fee.
Kelley inquired of the current septic system. Gaffron said it had been added onto in 1980
and does present problems with the current code. It is handling the use by the two cabins
at this time, but would need upgrading at the end of the stipulated two year period
allowed for upgrade of nonconforming systems. Council questioned whether the cabins
were legally, or illegally, non-conforming. Gaffron said, due to the proximity to the lake,
they were legally non-conforming as to location; but with no evidence in the files of any
CUP for rental use, that use is likely not considered a legal non-conformity.
The condition of the storage building on the site was said to be mediocre. The parking
for the cabin rentals was noted to be a blacktop area next to the main house. It was
noted that the survey was not current but found to be accurate. Gaffron said that an
updated survey was not needed for this request. The owners were asked if they knew at
the time of purchase whether or not cabin rental was conforming. The applicants said
they hadn't checked, but had thought so, since they were being rented at the time.
Hurr moved, Jabbour seconded, to require the sewer connection to the house within 90
days; to permit rental of the cabins for such time as the code allows the septic system to
remain until it is required to be upgraded; upgrading the septic system will not be
allowed. The cabins must then be removed at that time. The owners are also required to
combine the three parcels into one tax parcel. An agreement between the owners and the
City will be drafted by the owners' attorney in conjunction with the City's attorney in
order to ensure the owners will abide by these conditions. Barrett noted that if the septic
system fails prior to the date allowed, the use of the septic system would have to be
abandoned and the time period ended. Ayes 5, Nays 0.
7
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CITY of ORONO
�, Municipal Offices
tts1`EJ , G Street Address: Mailing Address:
�g Hp4� 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
March 21, 1995
Mr. Michael L. Perlman
Perlman Law Office, PA
426 Parkdale Plaza
1660 South Highway 100
Minneapolis, Minnesota 55416
Re: Maeser Sewer Connection, 372 Westlake Street
Dear Mr. Perlman:
Thank you for attending the March 13th Council meeting on behalf of Mr. and Mrs. Maeser.
I believe the solution approved by the City Council is a win-win situation for your clients and
the City, in that it allows temporary continued use of the cabins without major expense to the
Maesers.
Briefly, the Council indicated you should draft an agreement between your clients and the City,
subject to approval by City Attorney Thomas Barrett, including the following conditions:
1. The principal residence shall be connected to municipal sewer within 90 days.
2. The two rental cabins shall not be connected to the municipal sewer, but may
continue to use the existing septic system and be used for rental purposes until
December 31, 1996 (The Council specifically indicated the system and rental use
could only continue as long as the code would allow continued use of the
nonconforming septic system. Enclosed is Ordinance #118, 2nd Series, which
defines the two year time period).
3. The cabins shall then be removed from the property. Given that it is unlikely the
property owners can remove the cabins in mid winter, I would suggest a deadline
of June 30, 1997 for actual removal of the cabins. Additionally, although I am
in no way suggesting your clients have any intent to not remove the cabins per
these terms, I would prefer that you include language allowing the City access to
the site and authority to remove the cabins and assess all costs back to the
property if the cabins are not removed as required.
Telephone (612) 473-7357 • FAX 473-0510
Mr. Michael L. Perlman
March 21, 1995
Page 2
4. All three tax parcels shall be legally combined into one tax parcel within 90 days
of the date of this agreement.
5. Abandonment of the septic system shall be per standard City requirements upon
discontinuing its use (tanks to be pumped out and filled in with dirt to avoid
future cave-ins).
Per the above, there is no requirement to pay connection charges for the cabins, nor will Sewer
Availability Charges or connection permits be required for them. A permit and SAC charge is
required for connection of the house. Demolition permits will be required in 1997 for removal
of the cabins.
City Attorney Thomas Barrett can be reached at the Popham, Haik Law Offices (333-4800).
Please feel free to contact me at 473-7357 if you have any questions.
Sincerely,
° lc)
Michael P. Gaffron
Asst. Planning & Zoning Administrator
MPG/ch
cc: Mr. and Mrs. Dean Maeser
City Attorney Tom Barrett
City Administrator Ron Moorse
Steve Weckman, On-Site Systems Manager
Michael L. Perlman, Esq.
May 9, 1995
Page -2-
Finally, we request that this agreement be filed, in recordable form, against the title to
these lots, so that any subsequent purchaser will have notice of the agreement, and that the
Maesers agree that their successors and assigns be bound by this agreement. I suggest that
paragraph number 4 be amended by adding a sentence which reads: "The Maesers further
agree that this agreement will bind their successors and assigns and that they will cooperate in
allowing a recordable form of the agreement to be recorded against their lots of record."
cerely,
lqms
Thomas J' Barrett
cc: Ihael Gaffron
082/22080768 5/9/95
POPHAM HAIK
S C H N O B R I C H & K A U F M A N, LTD.
INCLUDING THE LAW PRACTICE OF
MASON, FENWICK & LAWRENCE, ESTABLISHED 1861
U.S.OFFICES: AFFILIATIONS:
DENVER,COLORADO SUITE 3300 BEIJING,CHINA
TEL 303-893-1200 222 SOUTH NINTH STREET TEL 011861-5135261
MIAMI, FLORIDA MINNEAPOLIS, MINNESOTA 55402-3336 LEIPZIG, GERMANY
TEL 305-530-0050 TEL 612-333-4800 • FAX 612-334-8888
TEL O1 149-341-x918429
WASHINGTON,D.C. STUTTGART,GERMANY
TEL 202-824-8000 TEL 01149-711-22363
THOMAS J. BARRETT,ESQ.
DIRECT DIAL(612) 334-2676
May 9, 1995
Michael L. Perlman, Esq.
Perlman Law Office, P.A.
426 Parkdale Plaza
1660 South Highway 100
Minneapolis, Minnesota 55416
Re: Maeser/Sewer Connection MAY 10 1995
372 W. Lake Street
Dear Mr. Perlman:
Thank you for your letter of April 17, 1995.
I have reviewed and discussed it with City staff. I have several changes which the
City thinks appropriate. First, in paragraph number 2 on the second page, the first sentence
beginning "Maeser shall ...", should be amended by striking the period at the end of the
sentence, inserting a comma, and adding the following language: "provided, however, that
should the City determine that the septic system serving the cabins has failed, all habitation of
the cabins will cease immediately."
The City believes paragraph number 2 should be further amended to allow the City to
remove the cabins if the Maesers have not complied with their agreement to do so. The
language I propose would be inserted as a new sentence after the second sentence of
paragraph number 2 which begins "By June 30, 1997, ...". The language should read: "The
Maesers agree that if they have not removed the cabins by June 30, 1997, the City may
remove them and assess the costs of such removal against the lots, any or all of them, which
comprise 372 West Lake Street."
082/22080768 5/9/95