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HomeMy WebLinkAboutResolution 1799 � `�- • . � . � �, :,� .k� Ci.ty of ORO1�0 . :� �,: .. � �� '�'�''�� RESOLUTION OF THE CITY COUNCIL • � �x��� . �u .,. � �. ,. NO. 17 9 9. • i - • • . �;; ; . . . A RESOLIITION DETERMINING THAT ONE SANITARY SEWER, SERVICE WILL BE PROVIDED TO THE PROPERTY I�OCATED AT 1251 BRIAR STREET RNOWN AS LOT l AND THE NORTH 1/2 OF LOT 2, BLOCR 3, CRYSTAL BAY MINNETONKA WHEREAS, the City of Orona 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 Lot 1 and the north 1/2 of Lot 2�, Block 3 , Crystal Bay Minnetonka, are located; and WHEREAS, the aforementioned Lot 1 and north 1/2 of Lot 2 are two separate parcelsfor tax purposes, legally described as follows: • PID #10-117-23 31 0040 (Lot 1) PID #10-117.-23 31 0041 (North 1/2 Lot 2 ) ; and 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 0.24 acres, as compared to the existing zoning regulations requiring . 2.0 acres per build�ble site; and . . WHEREAS, the existing house on the property is located mainly . on Lot l. The existing septic system is mainly on the north 1/2 of Lot 2; and . 'WHEREAS, the north 1/2 of Lot 2 contains approximately 0. 08 " acres in area and is not considered buildable without numerous variances from the existing zoning code; and WHEREAS, the north 1/2 of Lot 2 has historically been maintained and has functioned as yard area for the residence on Lot 1; and WHEREAS, construction of a single family residence on the • north l/2-,of Lot 2 would be contrary to the intent of. the Community Management Plan; fand . � • \ r, - , Page 1 of 2 . f . • Y A ' • l : � City of, OROl�O � � � .�: . •;�_ � RESOWTION OF�THE CITY COUNCIL • � NO. 1799,� • � • • : . WHEREAS, the�property owner would not be denied a substantial property right if sewer is not provided to the north 1/2 of Lot 2. - NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, that the property at 1251 Briar Street, comprised of Lot 1 and the north 1/2 of Lot 2, Block 3, Crystal Bay Minnetonka, shall be provided with one sewer service to serve the existing residence on the property. � FURTHER, BE IT RESOLVED, that the one sewer unit shall be assessed to parcel PID #10-117-23 31 0040 (Lot 1) , on which the existing � house is located; and FURTHER, BE IT RESOLVED, that PID #10-117-23 31 0041 (North �.1/2 of Lot 2 ) 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 0041 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 � . FIIRTHER, BE IT RESOLVED, that if PID #10-117-23 31 0041 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 ap.pli.cation for a building permit. � FURTHER, BE IT RESOLVED, should the zoning regulations change at soine 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 potentiai future 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 resolution. ' Adopted by the City Council of the City of Orono on this 8th � day of July , 1985. • ATT T: . �� � � � � 0 othy M. allin, City Clerk Mary C. B tl r, Mayor page 2 of 2 .