HomeMy WebLinkAboutResolution 1802 .,� �
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l � Clt� of ORO1�0
• �3 RESOWTION OF THE CITY COUNCIL
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NO. 1802
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A RESOLDTION DETERMINING THAT ONE SANITARY
- SEWER SERVICE WII,L BE "PROVIDED TO THE
PROPERTY LOCATED AT 2080 SPATES AVENOE
RNOWN AS LOTS 1 THRU 5 AND 21, ORA PARR
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 1 thru 5 and 21, Ora Park, are located; and
WHEREAS, the aforementioned Lots 1 thru 5 and 21 are four �
separate parcels for tax purposes, lega�lly described as follows :
PID #10-117-23 31 0079 (Lot 1) .
• PID #10-117-23� 31 0080 (Lot 2)
PID #10-117-23 31 0081 (Lot 3 )
PID #10-117-23 31 0095 (Lots 4, 5 and 21) ; and
WHEREAS, said parcels are owned in common together, but not
owned in common �with any .other abutting or nearby properties; and
WHEREAS, the total dry buildable land area of the parcels is
approximately 0.68 acres, as compared to the� existing zoning
regulations requiring 2. O acres per� buildable site; and
WHEREAS, the existing house, garage, well and septic system
serving the property are located on Lots 4, 5 and 21;; and �
WHEREAS, Lots 1 and 2 contain approximately� 0.46 acres of
which 0. 06 acres is dry land and 0.40 acres is designated wetland; and
� WHEREAS, Lot 3 contains approximately 0.18 acres dry land,
and Lot 3•has historically been maintained and currently functions as
yard area for the house on Lots 4, 5 and 21; and
WHEREAS, Lots 1, 2 and 3, taken singly or in combination are
not considered buildable without numerousvariancesfrom the existing
zoning code; and
WHEREAS, construction of a single family residence on the
• Lots l, 2, and 3 would be contrary to the intent of the Community
- � Management Plan; and
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- Clt� of OROl�O
• �'� RESOLUTION OF THE CITY COUNCIL
� NO. 1802
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WHEREAS, the property owner would not be denied a substantial �
property right if sewer is not provided to Lots l, 2, and 3.
NOW, THEREFORE, BE IT RESOLVED, by the City Council °of the
City of Orono, Minnesota, that the property at 2080 Spates Avenue,
comprised of Lots 1 thru 5 and 21, Ora Park, 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 0095 (Lots 4, 5 and 21) on which the
existing house, garage, well and septic system serving 2080 Spates
Avenue is located; and .
FURTHER, BE IT RESOLVED, that PID #10-117-23 31
0079/0080/0081 (Lots 1-3 ) are not considered as buildable lots by and
of themselves under current zoning regulations, and shall not be
served with sewer; and .
FURTHER, BE IT RESOLVED, that if PID #10-117-23 31
0079/0080/0081 (Lots 1-3 ) are granted a variance and declared
• buildable by this or some future council, a connection charge in the
amount equivalent to one1985-1 sewer unit assessmentshallbecome due
and payable upon granting of the variance; and
� FURTHER, BE IT RESOLVED, that if PID #10-117-23 31
0079/0080/0081 at some future date becomes a buildable site as a resuit
of a change ir� 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.
FURTHER, BE IT RESOLVED, should the zoning regulations
change at some future time to allow additional building sites on this
property, any additional huildable 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 ordex to serve as notice to
potential 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. "
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0 othy M.. llin, ity Clerk Mary . Butl r, Mayor
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