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Home My WebLink AboutResolution 2097 ,. � � -„y �� 'i� Cit o� ORONO � � H 4 • ��`�'�i"��'r'� RESOLUTION OF THE CITY COUNCIL ��` NO. 2097 ;., ,,��,; • - • ��e� �::�1�4.:,N`%�4 A RESOI�IITION GRANTING A VARIANCE TO ORDINANCE 26, SECOND SERIES FILE #1032 WHEREAS, D. Brian and Cathy L. Fulmer (hereinafter "the applicants") are the owners of the property located at 3505 Wayzata � Boulevard within the City of Orono (hereinafter "City") and legally . described as that part of the Southwest quarter of the northeast quarter of Section 32, Township 118 North, Range 23 west of the 5th principal meridian, Yying north of the northerly right of way line of the Burlington Northern Railroad, (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Ordinance 26 , Second Series to permit connection to the metro sewer line that intersects applicants' rural property that would require an amendment of the Comprehensive Community Management Plan prior to the expiration of the temporary moratorium ordinance that would prohibit action on land use • applications involving properties within the "Highway 12 Planning Study" corridor. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, _ Minnesota: �FINDIIdGS ' 1. This application was reviewed as Zoning File #1032. 2. The property is located in the minimum 2 acre RR-1B Rural Resiclential Zoning District and contains approximately 1.8 acres . � of dry contiguous lands. 3. The property contains applicants' residence and commercial kennel operation, an approved legal non-conforming use. 4. The Community Management PYan of Orono sets forth a series of alternate waste treatment methods that must be considered prior to the sewering of a ruraY defined property. Per CMP 6-44 the applicants' property has been reviewed in relation to these - suggested options as fo1 lows: A) Alteration of the water consumption habits of the users, coupled with careful system maintenance. . • It is not feasible nor practical for applicants to alter . water use in the kennel operation. Page 1 of 5 , . � . � cit� o� oR,oNo � _. • r ' RESOLUTION OF THE CITY COUNCI L - ,,.. .., NO. 2097 ��z� • • � • • �� B) Repair or reconstruction of individual systems. C) Replacement of existing systems with new individual systems constructed to new City (WPC-40 ) standards. The appYicants' on-site evaluator, Steve Schirmers, and the City's on-site septic manager confirm that the existing system cannot be expanded nor a new system instal Yed that would meet all standards nor with any assurance that such a system would provide continuous service in the future. D) Installation of innovative on-site systems including consideration of composting or incinerating devices. The City has yet to find this a real alternative. The system would not be effective with a high water user as a . kennel operation. . • E) Installation of individual holding tanks with off-site disposal. The expense of adequate maintenance of ho].ding tanks is not economical ly practical or feasibYe in Iight of the location of the interceptor within applicants' property. The current system serving the- house, installed in 1975, is already inadequate on this severYy limited property. ' F) Installation of a collection system and a community drainfield. 4 � The property is surrounded by large acred lots with no record of septic problems. The property is bordered by ` railroad on the south, U.S. Highway 12 on the north, Stubbs Bay Road on the west and an extensive wetlands to the east. A collection system and community or shared drainfield is � not feasible. 5. The Orono Planning Commission reviewed this application on May 19, 1986, and recommended approval of the proposed variance based upon the following findings: A) The applicants' property presents a unique situation and is not typical of the surrounding large acred lots. • B) The applicants' . reputation in the operation of their commercial kennel is excelYent and the City wishes to cooperate in keeping such an asset within the community. _ _ � Page 2 of 5 . � � c�t o� oR,oNO � � ., • RESOLUTION OF THE CITY COUNCIL ' � � NO. 2097 • - • e C) The request to sewer would not be found contrary to the Comprehensive Plan as the City has approved sewer for other severely limited areas within the defined rural areas of the City based on criteria set forth in CMP-6-44. D) Applicants' site evaluator has provided extensive septic test data that confirms there is no suitable area on the site for septic expansion to serve both the kennel operation and the residence. � E) The M.W.C.C. in 1985 installed an interceptor line through the applicants' property that placed additional limitations on the only available land for septic expansion. F) The applicants' property is surrounded by railroad and highway right-of-way and an extensive wetland, there is no adjacent suitable land available for septic expansion. 6. The City Council has considered this application including • the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the heaYth, safety and welfare of the community. - 7. The City Council finds that the conditions existin.g on this property are peculiar to �it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to aI leviate a demonstrable hardship or difficulty; is necessary to preserve a substantiaY property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLIISIONS,, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Ordinance 26, Second Series, to allow the applicants to proceed with their petition for sewer and to further direct staff to file a formal application on behalf of the City of Orono with the Metropolitan Council to permit connection to the M.W.C.C. sewer line that intersects the applicants property, subject to the fol lowing conditions: • 1. Prior to obtaining a sewer connection permit from the City of Orono, the applicants must submit engineering plans for review and approval by M.W.C.C. and the City of Orono. � � Page 3 of 5 . � �7 �� Clt o� ORONO :R d � �. . } ; 1� ,: .. • : � � � ' RESOLUTION OF THE CITY COUNCIL b: �; ., ' :�a � NO. 2097 . '� :;.�,�;` ' • - � • �.. 2. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a sewer connection permit within one year of the date of Council approval, or this variance will - expire on that date (December 8, 1987). , 3. Violation of or non-compliance with any of the terms and conditions of this variance sha11 constitute a violation of the code, shall automaticaYly terminate any authority granted herein, and sha11 be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution on behalf of themselves, their heirs, successors and assigns. Adopted by the Orono City Council on this 8th day of Decem r, 1986. • ATTE T. . G _ _ _ _ _ _ thy M. 11�n,� City C].erk Mary C. B er, Mayor !�.� l ,CL�� Property Owner(s) � � _ ' � Page 4 of 5 1 , � . . �.:: � r �: c�t� o� oRONo � }: •. .�:'.• 'F �� -°. RESOLUTION OF THE CITY COUNCIL y ' NO. 2097 .z, � - � ,; ,• � • .. 0 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 3 � S� day of ��c�,B� , 198�0 before me a Notary Public within and for said county, personally appeared 1'�,�2I<4N FuLtr1�2 A�� CJJF�Y�-� �U►-w��12 known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � �' 90d�16 �a.�, MICHAEL P. GAFFRO�J� NOTARY PUBLIC • ;'+�,�t � NOTARY PUBLIC-MINNESOTA y '•.��,' HENNEPIN COU�JTY ? � �..+' My Commission ExpiresJune 11.19�7 p a�as�••�.-,,sj • �uN� // �98� . MY COMMISSION EXPIRES STATE OF MINNESOTA ) : )ss. COUNTY OF HENNEPIN ) � ; "On this day of , 198 , before me " �a Notary Public within and for said County, personally appeared � known to me to �be the ' person(s) described in and who executed the foregoing instrument, and- acknowledged that he (they) executed the same as his (their) free act and deed. . . NOTARY PUBLIC � . MY COMMISSION EXPIRES � Page 5 of 5 : , . ,