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Home My WebLink AboutResolution 1290 . _ _�l, .� ,� . .. � � ` Cit� of ORONO RESOLUTION OF THE CITY COUNCIL • No. /�2Y� � _ � � A RESOLUTION APPROVING A VARIANCE APPi,ICATION OF CHARLES BALGAARD FOR VAKIANCES TO ORDINANCE 210, THE ON SITE SEWAGE TREATMENT CODE, FOR PROPERTY LOCATED AT 3435 E715TLAKE 5TREET AND LEGALLY DESCRIBED AS LOT 2 , BLOCK 8 , BAYSIDE ADDITION TO LAKE MINNETON�A. WHEREAS, the City of Orono is a municipal corporation organ- ized and existing under the laws of the State oF Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. the City Council of the City of Orono has adopted zoning regula- tions for the protection of the public health, safety and general wel- fare; and WHEREAS, Charles Balgaard has applied for variances to the minimum separation setback standard for wells and septic are��s and for the installation of a holding tank to permit legal habitation of the �xisting residence at 3435 Eastlake Street which is legally described as Lot 2, Block 8, Bayside Addition to Lake Minnetonk�, hereinafter referred to as the property. WHEREAS, Sam Brown and Esther Brown also have an interest in the property described above; and WHEREAS, the City Council has reviewed the application; the recommendation of staff and the Planning Commission and letters and comments by the applicant. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Orono hereby approves the variances to the on site sewage code to permit minimal upgrading of the septic system for the purpose of legal habitation based on the following findings of fact: 1) The property is located within the LR-lA zoning district. ThP total area of the property is approximately 5, 100 sf; the zoning district requires 87, 120 sf of area. The property is 50 ft wide; the zoning district requires 200 ft of width. 2) The principal structure is located 50 ' from the lakeshore; the detached garage is ap- proximately 10 ' from the lakeshore. Ordin- � ance 34 . 201 requires a 75 ' setback from the sh�reline. Charles Balgaara , P.age 2 t � + , t+, _ • � • �, ` Clt� of UR,ONU RESOLUTION OF THE CITY COUNCIL � No. f��o e - s o 3) The portion of the structure located within . � the 0-75 lakeshore setback area totals 1242 sf of hardcover. Ordinance 34. 202 does not permit hardcover within the 0-75' lakeshore setback area. . . 4) There has been an established residence on the property for ove� 20 years. 5) The principal structure is served by a well, . kitchen sink and an outhouse. The outhouse has been an illegal structure and use in Orono since 1961 when the City amended its sewage disposal code. 6) lhe principal structure and the accessory structure are non conforming structures. Ordinance 31. 102 allows for the maintenance of non conforming structures to keep them in ,�:.-...b,..>., safe condition providing the necessary repairs shall not constitute more than 50 percent o� • • the fair market value of the non conforming structures. 7) Section 1205 (b) of the Uniform Building Code defines the minimum sanitary standards required for legal habitation as a kitchen sink and a bathroom consisting of a water closet, lavatory and either a bathtub or a -shower. 8) The fair market value of the principal structure is currently $14, 760, the proposed sanitary improvements to the property will be less than _ 50 percent of the fair market value of the sub- ject structure. 9) The special conditions applying to this pro- perty are peculiar to such and do not apply generally to other land in the district in which this property is located. 10) The granting of the proposed variance will not in any way impair the public health, safety, comfort, morals or general welfare. 11) The granting of such variances will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrated hard- _ ship and difficulties. • , Charles Balgaard . Page 3 . � . , �w �°�{�,�� "� � �r� � �`��t � � � Clty o� ORONO a �a�,��,��.;a �'��"` • a ; ��... : ��,. �r3, ��r� � �,, ; ''"�"� `��f+�f"` RESOLUTION (�F THE CITY COUNCIL �� ,��y� �� _ ,� No. !,�1G � :�,,k, �� <�� f::' ,�� , ,,, � � �, '. ��'s�� .�.—+�� ,�� ,`� _�'� ,�i� ... URTHERMORE, BE IT RESOLVED that based upon the foregoing findings the City Council approves the variances previously noted to the on site sewage code for the principal structure located at 3435 Eastlake Street subject to the following conditions: 1) The City will not permit additions to the prin- cipal structure or improvement that is valued at more than 50 percent of the current assessed fair market value of the principal structure. 2) The proposed sanitary improvements will be limited to the construction of a bathroom consisting of a sink, composting toilet and shower. 3) The immediate removal of the outhouse and the filling of the excavation. 4) The composting toilet must meet the standards of the State Building Code Division and the intent and standards of the Orono On Site Sewage • Treatment Code. 5) The principal structure must meet all minimum sanitary code reguirements prior to occupancy. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held July 13 , 1981. ��i . �, William B. Van Nest, Mayor ATTEST: � . �1 L � ��2% Alpert Strom, Cit Clerk Mary . Woytcke, puty Clerk • _ -- ____ ___ _____ __..____ _ S�y� �'� �� . �t �j �� p ��,;�rles I3algaard �f'age 4 • _ '� .!' �� C�t o� OR,ONO �� ,��x..�� , RESOLUTION OF THE CITY COUNCIL • NO. /�11C� • - • e We have read and understood the above resolution and agree on behalf of ourselves , successors and assigns that the use of the above describec� property may be so regulated by the City of Orono and agree to the filing of a copy of this resolution in the chain of title to the property. f J� �k• ��r �• z_--_ Sam Brown STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this / day of �„p��,-,.� , 19 ��, by ,/,' � � �� ",.,,�..� , v � '" � ' Notary Public �— .,� �•, , r,;j �_ , � i t , � ' �� . ��, , • `- � LU �1 +_ilF,t�iiY5:1'e�, � � ,� ' f �'�+.�., .Y�ll��V�1�.�.�y v L.v.W�� .�� .y!. . ��/�, '� ✓(�� '�'��. `�'v 4.f Esther Brown STAlE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The oregoing instrument was acknowledged before me this � day of ,Gc:urh�l'�e�v , 19 �� , by �/ui�mi Gk� Notary Public � � �.,� , i ;. �; r, i iv �a� � n . � � f G"�L. ,. �i ' , �Y` . � •' i i . �� /1'-�-: �`f�i� 'C�� r . . ...t�. . . , �. , ,,�,. ,., , Charles �Ba ga d � � STATE OF MINNESOTA ) ) ss . ' COUNTY OF HENNEPIN ) • The f regoing instrument was acknowledged before me this / day of ��,,�,��r� , 19 ��, by G�� ,-✓/V� ��'9�-�i ,,:,, , . .. . , Notary Public � r vV�,ti-�^•:ti'�lVVV��"VVyW1Yv1i'vb� . . . ,.....-- L • a ., � c�t� o� oR,oNo � RESOLUTION OF THE CITY COUNCIL • NO. 1291 • - • • A RESOLUTION TO DENY THE 1980 COMMERCIAL DOCK LICENSE APPLICATI4N OF' NO�tTH STAR MARINA Introductory findings setting forth the Orono Council ° s current position by now acting on the 19$0 Cons:er;.i�_' �ocl�� ic�nse ��plication :�`_o� �,�r�ch St�_r i=ari�za WHEREAS, the Orono Couz�cil did nat act on �the 1980 commercial dock license for North Sta.r Marina due to the many unresolved issues pertaining to the opecation of that marina and the final resolution o� those issues by the Courts; and WHEREAS, on Febru�zry 2, 1980 the P4innesota Su�reme Cou.rt -r.eaffirmed and upheld the regulations of the City of Orono and the � L.M.C.D. pertaining to the operatior. and the licensing of marinas within the City of Orono; and WHEREAS, on June 22, 1981, Council unanimously appro�ed Resolution #1286 approving a 1981 commercial docl{ license for North Star P�tarina finding `that the regulations of the municipality and the Lake Minnetonka Conservation District were satis�ied by the North Star Marin.a Corporation. N0�9, THEREFORE BE IT RESOLVED that the City Council for the ptzrpose of clarifying the official record will now act on the follow- ing resolution denying a 1980 commercial dock license for North Star Marina. �