HomeMy WebLinkAboutResolution 2076 .A � � .
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-,•�'=;�<;}�.;::;�• A RESOLDTION GRANTING
A VARIANCE AND
CONDITIONAL OSE PERMIT TO
Mi1NICIPAL ZONING CODE
SECTION 10.20, SOBDIVISION 3(D)
AND GRANTING A VARIANCE TO
S13CTION 10.22, SOBDIVISION 2
FILE #1064
WH$REAS, � the City of Orono (hereinafter "the
applicant") has made formal application for an after-the-fact
conditional use permit and variance per Municipal Zoning Code
Section 10.20, Subdivi,s�ion 3(D) to permit the construction of a
municipal sewer Yift station partially within the right-of-way of
Spates Avenue west of Shoreline Drive, and partially within a
proposed permanent easement on property located at 1960 ShoreYine
Drive within the City of Orono, and for a variance to Section
10.22, Subdivision 2 to permit additional hardcover on such
properties, which hardcover resulted from construction of said
lift station; and
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. WH$R$AS, the City constructed this lift station as part
of the Crystal Bay Sewer Project which was approved by the City
Council on April 22, 1985 with Reso�ution #1747, and approved
this final location for the lift station at its Ju1y 22, 1985
meeting as part of Change Order #1, Crystal Bay Sewer 1985-1; and
' WH$REAS, Municipal Zoning Code Section 10.20 ,
Subdivision 3(D) requires that a Conditional Use Permit be
obtained for public service structures including lift stations,
the granting of such permit subject to the condition that the
architectural design of service structures shall be found to be
compatibYe to the neighborhood in which it is to be located and
thus wilY promote the general welfare; and
WH$R$AS, Section 10.20, Subdivision 3(D) also requires
that no public service structure building shall be located within
50 feet from any lot line of an abutting lot in an "R" District;
and
WHBREAS, the wording and requirements of Section 10.20, �
Subdivision 3 (D) have been a part of the Orono Municipa� Code
since 1968 or earlier, but these requirements for a formal
Conditional Use Permit application and hearing for lift stations
have never been formaYly adhered to since that time; and
� WHEREAS, pursuant to the City's application for such a
Conditional Use Permit, a public hearing was held by the Orono
Planning Commission on August 18, 1986 at which time a11 comments
by interested members of the public were heard.
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;., ����; �RESOLUTION OF THE.CITY COUNCIL
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,,;.: � '� NO. 2087 .
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NOW, THEREFORL B$ IT R$SOLV?3D by the City Counci 1 of
the City of Orono, Minnesota:
FINDINGS
1. This app�ication was reviewed as Zoning File #1064. �
2. The Yift station cover and control panel are located
� above the surrounding ground surface. It is questionable
whether the lift station and control panel fit under the
def inition of a "bui lding", however, for purposes of this
application and to avoid future disputes, these structures
are considered buildings requiring a 50' setback from any
• abutting lot Iines in the LR-lA Zoning District.
3. The lift station cover and control panel are located 14
feet from the nearest Yot line of residential property. The
panel and lift station are located partially within the .
property �ocated at 1960 Shoreline Drive which is zoned LR-
lA but the use of which has historica�lg been, and is
currently, commercial.
4. The City Engineer has submitted a proposed landscape plan
which proposes screening of the lift station cover and •
control panel using natural vegetation and plantings.
5. The Owner of the property located 14 feet from the Yift
station and control panel has voiced objection to the
exsitence of the structures in the present location. The
owner of the property on which the lift station is located
has voiced no objection to the Yocation. ,
6. The City Council finds that the existing location of the
lift station and control panel was predicated on economic
and technical factors, and the location chosen was the best
location given those factors.
7. The City Council finds that the hardship justifying the
granting of a variance to the 50 foot setback requirement is
• that there is no location within the service area of the
Crystal Bay Se'wer Project in which it would have been
economically feasible and technicaY Yy appropriate to place
the lift station structure 50 feet from any abutting 1ot
line.
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8. The City Council finds that the 180 s.f. of additional
hardcover in the 75-250' setback zone on the Spates Avenue
right-of-way and at 1960 Shoreline Drive is necessary to
protect the lift station from surface run-off, the hardship
being that no other feasible means exists to protect such
lift station equipment from the elements than to provide
impervious surfaces above and around such equipment.
� 9. The City finds that, with suitab�e landscaping as
proposed by the City Engineer, the architectural design of
the lift station and control panel structures is compatible
to the neighborhood and is a necessary structure to the
proper functioning of the Crystal Bay Sewer System and
therefore will promote the general welfare.
10. The City Council finds that the design of the lift
station is such that granting the variance for the lift
• station will not adversely affect traffic conditions, light,
air, nor pose a fire hazard or other danger to neighboring
properties.
11. The City Counci 1 f inds that the conditions existing on
this property in this situation are peculiar to it and do
�. not apply generally to other property in this zoning
district; that granting the variance would not merely serve
as a convenience to the applicant, but is necessary to
a�leviate a demonstratable hardship or difficu�ty; is
necessary to meet the applicant's responsibility to the
residents of the City of Orono; and would be in keeping with
the spirit and intent of the_Zoning Code and Comprehensive
P1an of the City.
12. The City Council finds that granting an after-the-fact
conditional use permit to allow the construction of the lift
station w�ii not be detrimental to the health, safety or
general welfare of the public, would not adversely affect
�ight, air nor pose a fire hazard or other danger to
neighboring properties, nor wiii it depreciate surrounding
property values and that the proposed level of use of the
property w�ii be in keeping with the intent and objectives
of the Zoning Code and Comprehensive P1an of the City.
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CONCLIISIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants a Variance to the Municipal Zoning
Code Section 10.20, Subdivision 3(D) to allow the construction of
a municipal sewer lift station on Spates Avenue and partially .
located at 1960 Shoreline Drive to be located 14 ' from a
residential property and located partially within a property in
the LR-lA Zoning District where a 50 foot setback from such
properties would normally be required, and grants a Conditional .
Use Permit for such structure, and grants a variance to allow the �
existing 180 s.f. of hardcover associated with the lift station,
on right-of-way and at 1960 Shoreline Drive, to remain in place,
subject to the following conditions: '
• l. The City staff shall obtain a permanent easement over and
surrounding the lift station and control panel, from the
owner of the property on which the structures are located.
If such an easement is not granted, staff shall commence
proceedings to condemn for such an easement.
2. Appropriate landscaping and screening as proposed by the
City Engineer, with the .concurrence of the adjacent property
owner, shall be completed within 6 months of the effective
date of this resolution.
Adopted by the Orono City Council on this lOth day of
November, 1986.
ATTE T:
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orothy M. allin, City Clerk Mary C. tler, Mayor
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