HomeMy WebLinkAboutResolution 2066 �
�
,-
; ...
. � �, c�t� o� oR,oNo
• RESOLUTION OF THE CITY COUNCI L
� NO. 2066
• - • •
A RESOLIITION
DENYING CONNECTION TO MIINICIPAL SEWER .
FOR PROPERTY LOCAT$D AT 2445 WOODHAVEN DRIVE
WHEREAS, Howard W. Hull (hereinafter "the applicant")
is owner of the property located at 2445 Woodhaven Drive within
the City of Orono (hereinafter "City) and legally described as �
Lot 7, Block 1, Levering's Woodhaven; and
WHEREAS, in accordance with Orono Municipal Code
Section 3.05, Subdivision 7 (B), the applicant has requested that
he be allowed to connect the existing house on said property to
the Municipal Sewer System �ocated near the property, because the
existing septic system on the property is failing.
WHEREAS , the City Council has reviewed the
recommendations of the staf f and the comments and written state-
ments of the applicant regarding this request.
NOW, THEREFORE, BE IT RESOLVED, that the City Counci 1
Sof the City of Orono hereby denies the requested sewer connection
for the property described above based upon one or more of the
" following findings of fact concerning this property:
1. The property is located in the RR-1B Single Family Rural
Residential 2-Acre Unsewered Zoning District, and is within
Orono's defined Rural Service Area.
2. The property was created according to and in conformance
with all the standards of the RR-1B district through a
- subdivision approved by the City Council per Resolution No.
820 on September 12, 1977.
3. The property is near, but does not abut, the right-of-
way of Hack•berry Hill within which the municipal sewer is
located. Connection of the house on the property to the
municipal sewer would require that the applicant obtain an
easement from his neighboring property owner. ,.
4. ' The property has never been assessed for municipal
sewer, and a sewer stub has not been installed to serve the
property.
�
Page 1 of 3
�
`;
. �� c�t� o� oR,oNo
� RESOLUTION OF THE CITY COUNCIL
� NO. 2066
• - • •
5. Based on the assessment formula used in the 1973-1
assessment resulting from the Hackberry x�1i sewer project, �
the estimated assessment (or connection charge) for the Hull
property is $9,205.73. Applicant has stated that estimates
to physically connect to the sewer are in the range of
$3,000. Applicant has stated that estimates to repair or
replace his existing failing septic system exceed $5,800.
6. Based on the soil testing report filed with the City in
order to obtain the original building permit for the
applicants residence in 1981, it is technical ly feasible to
construct a mound-type drainf ie ld system on the property
which can be expected to function properly. The existing
trench-type drainfield system appears to be failing due to
its proximity to a high water table which was not indicated
in the original site evaluation information submitted for
building permit approval. The septic system was installed
• prior to issuance of a permit for its construction.
�`� 7. The City Council adopted the Orono Community Management
Plan in June, 1980 as a guide to the orderly and economic
development of the City. Chapter 6 of the Community
Management Plan, known as the Comprehensive Sewer Policy
Plan, contains the City's Rural Sewage Treatment Policies,
and indicates that residential sewage generated in the rural
zoning districts is intended to be treated on-site without
extension of municipal utilities. The CSPP includes guide-
lines for an Alternative Waste Management Study to be
. completed by the City when many septic systems in an area
are failing. Although that is not the case in the Woodhaven
area, a review of the criteria for installing municipal
. sewers finds that the Hull property does not qualify because
the on-site sewage treatment system can be repaired or
replaced.
8. A1 lowing the applicant to connect to the municipal se�er
would set a precedent, to the extent that the City has
heretofore required all new residential development in the
"RR-" rural residential zoning districts to make use of
private on-site sewage treatment facilities. The City has
identified numerous properties which border on sewered areas
and which could be expected to make a similar request to
that of the applicant if the current request is approved.
• A1 lowing such connections would require an amendment to the
Community Management Plan, requiring Metro Council approval.
' Page 2 of 3
.{-w
_ � c�t� o� oRONo
� RESOLUTION OF THE CITY COUNCIL
� NO. 2066
• - • •
� . The fact has been established that a suitable on-site
sewage treatment system can be installed on the property, �
hence connection to the municipal sewer is not required
because of hardship, but merely as a questionable economic .
convenience to the applicant.
10. The applicant claims that the City should take some
responsibility for applicants plight given that certain
required components of the existing septic system, namely
manhole risers and a pump-failure alarm, were omitted by the
applicant's predecessor's contractor. However, the lack of
these components, the installation of which is estimated at
$600-$800, does not impair the proper functioning of the .
system. Furthermore, the City assumes no liability for the
non-performance of a private subcontractor.
Adopted by the City Counci 1 of the City of Orono,
Minnesota at a regular meeting held October 13, 1986.
ATT T:
— •
D othy M allin, City Clerk Mary C. utler, Mayor
. ` .
Page 3 of 3
•