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HomeMy WebLinkAboutResolution 1797 , t ;. " . �� ��`- • ; � ; �, c�t� o� oR,o�o • �� �- . °��� = RESOLUTION OF THE CITY COUNCIL � �' : NO. 17 9 7 �:rY � ��£: �� ,,:��M - � • ' • • .'. ,;. ,;<;z��:`- A RESOLUTION DETERMINING THAT ONE SANITARY � SEWER SERVICE WILL BE PROVIDED TO VACANT. ' PROPERTY LOCATED ON ARBOR STREET RNOWN AS LOTS 6 AND 7, BLOCR l, MAXWELL'S ADDITION TO CRYSTAL BAY WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of .the State of Minnesota; and WHEREAS, Sewer Project 85-1 was initiated by the City to solve existing on-site sewage treatment problems in the Crystal Bay area, within which Lots 6 and 7, Block l, Maxwell' s Addition to Crystal ` �Bay are located; and ' WHEREAS, the aforementioned Lots 6. and 7 are two separate lots for tax purposes, legally described as: • PID #10-117-23 31 0067 (Lot 6 ) � PID #10-117-23 31 0068 . (Lot 7 ) WHEREAS, said parcels are owned in common together, but not - owned in common with any other abutting or nearby properties; and . WHEREAS, all adjacent lots are occupied; and . WHEREAS, the total dry buildable land area of the parcels is approximately 0.39 acres, as compared to the existing zoning regulation requiring 2.0 acres per buildable site; and � WHEREAS, the general pattern of development in the surrounding neighborhoodisasinglefamily residence on a combination of two or more lots; and , WHEREAS, •said parcels are not buildable individually or in combination without one or more variances from the existing zoning code; and WHEREAS, construction of one single family residence on the combined parcels, if done according to all zoning performance standards, would no� be contrary to the. intent of the Community Management Plan; and • ^ . - _ ,. r � \ �. Page 1 of 2 �_ . � - ,�.,5� � �r�� �� c�t� o� oR,o�o p �� • � � �; .. '°�=�w ��'���-'=;;' RESOWTION OF THE CiTY COUNCIL ���-x�� �°;�: �NO. 179 7 t • .. �., ��i �'.; , . • � • •�� ''�:��;=�::��:� . WHEREAS, failure to provide sewer service would make the property unbuildable because of insufficient room to provide for house, well, and primary and future septic system drainfield; and WHEREAS, sewer will be available in the street or right-of- way adjacent to the property upon completion of sewer project 85-1. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the , City of Orono, Minnesota, that the vacant property on Arbor Street, . comprised of Lots 6 and 7 , Block l, Maxwell' s Addition to Crys�tal Bay, shall be provided with one sewer service to preserve a substantial property right of the owner. FURTHER, BE IT RESOI,VED, that the one sewer unit shall be assessed to parcel PID #10-117-23 31 0067; and FURTHER, BE IT RESOLVED, that PID #10-117-23 31 0068 is not considered as a buildable lot by and of itself under current zoning • regulations, . and shall not be served with sewer; and FURTHER, BE IT RESOLVED, that if PID #10-117-23 31 0068 is granted a variance and declared buildable by this or some future � council, a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance; and � � FURTHER, BE IT RESOLVED, that if PID #10-117-23 31 0068 at . some future date becomes a buildable site as a result of a change in the zoning regulations�a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon . application for a building permit. FIIRTHER, BE IT RESOLVED, should the zoning regulations change at some future time. to allow additional building sites on this property, any additional buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a building permit is issued: . FURTHER, BE IT RESOLVED, that this document shall be filed in the chain of title of the affected parcels in order to serve as notice to potentialfuture owners of the property regarding the City' s position . on sanitary sewer service. Failure to appear in the chain of title does not negate the findings and conclusions of this reso�lution. • Adopt�d by the City Council of the City of Orono on this 8th day of July , 1985. ATT . � �C�• or thy M. lin, City Clerk Mary C. B t er, Mayor Page 2 of 2 �