HomeMy WebLinkAboutResolution 3170 � :�
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� ti,� RESOLUTION OF THE CITY COUNCIL
�� �j� NO. 3170
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A RESOI.UTION DR'�'RRMTNING THAT
SANITARY SEWLR SERVICE WILL BE PROVIDED
TO LOTS 8, 9, 10 AND 11, BLOCR 2, HILLSID$ PARK
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, the Stubbs Bay area sewer project was initiated by
,� the City to solve existing on-site sewage treatment problems in the
Stubbs Bay Area, within which Lots 8, 9, 10 and 11, Block 2, Hillside
Park, (hereinafter "the property") are located; and
• WHEREAS, the aforementioned Lots 8, 9, 10 and 11 are legal ly
combined for tax purposes into a single parcel, PIN #05-117-23 23
0026; and
WH$REAS, said parcel is owned in common with the adjacent
parcel to the south, PIN #05-117-23 32 0001, which is approximately 4
acres in area and which contains an existing single family residence;
and
WHER$AS, the property is a vacant 1.08 acre parcel located
entirely within the LR-lA Single Family Lakeshore Residential Zoning
District requiring 2 acres in area and 200' in lot width for
construction of a single family residence; and
WH$REAS, the southerly parcel referenced . as PIN #05-117-23
32 0001 is transected by the boundary between the aforementioned LR-lA
Zoning District and the LR-1B Single Family Lakeshore Residential
Zoning District which requires 1 acre and 140' in lot width for
construction of a residence; and
WH$R$AS, the owners of said parcels, Edward and Barbara '
Gage, purchased the two parcels at different times from different
owners, and said parcels were not in common ownership until Lots 8
through 11 were purchased by Mr. and Mrs. Gage in late 1990; and
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��� �G RESOLUTION OF THE CITY COUNCIL
�kES80� NO. 3170
WH$R$AS, the southerly parcel (PIN #05-117-23 32 0001) has
approximately 1/2 acre in the LR-lA Zone and 3 1/2 acres in the LR-1B
zone; and
WHER$AS, the stated intent of the property owners is to �
maintain the potential buildability of Lots 8 through 11 as a separate
building lot; and
WHER$AS, Municipal Zoning Code Section 10.03, Subdivision 6
(A) 2 states as follows:
"2. In 'R' Districts of Greater Than One Acre and Served by
Public Sanitary Sewer. A lot of record in any 'R' District
in the City in excess of one acre, which does not meet the
` requirements of this zoning chapter as to area or width
only, maybe utilized for single family detached dwelling
purposes if the Council finds:
• a. It is at least 1 acre in size, and the average
width of the lot is at least 100';
b. It is served by public sanitary sewer;
c. It otherwise meets the requirements of this
chapter or applicable City code provisions"; and
WHEREAS, the City Council finds that when the property is
provided with municipal sanitary sewer, the property will in fact meet
the provisions of Section 10.03, Subdivision 6 (A) 2, finding that:
A. The property is 1. 08 acres in area and 210 ' in width;
B. The property is served by public sanitary sewer;
C. The property can otherwise meet the requirements of
this chapter or other applicable City code provisions;
• and
WHEREAS, without the provision of sewer service, the
property is not buildable without one or more variances from the
existing zoning code; and
WHEREAS, construction of a single family residence on the
property if done according to al 1 zoning performance standards, would
not be contrary to the intent of the Community Management Plan; and
WHER$AS, a buildable envelope of approximately 150' in width
and 123.5' in depth is available without encroaching on the 50' front
and rear and 30' side yard requirements for the LR-lA Zoning District;
• and
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WHEREAS, failure to provide sewer service would make the
property unbuildable because of insufficient room to provide for
house, well, and primary and future septic system drainfields; and .
WHEREAS, sewer wi 1 1 be available in the street right-of-way
adjacent to the property upon completion of the Stubbs Bay Sewer
Project; and
WH$REAS, it is reasonable to provide sewer service to the
property so as to preserve a substantial right of the property owner.
NOW, THEREFORE, BE IT RESOLVSD by the City Counci 1 of the
City of Orono, that one sewer service will be provided to the
_ property. The City Council hereby acknow ledges that providing sewer
service to the property resu lts in a change of status of the property
from "not buildable unless variances are granted" to a buildable
status based on the provisions of Zoning Code Section 10. 03 ,
• Subdivision 6 (A) 2. However, provision of sewer service to the
property does not in itself constitute granting of any variances to
zoning code performance' standards which may be required now or in the�
future to permit construction on the lot, which variances if applied
for shall be reviewed on their own merits and circumstances at the
time of such request.
Adopted by the City Counci 1 of the City of Orono on the lOth
day of August , 1992. �
A ST: .
Dorothy . Hallin, City Clerk Barbara A. Peterson, Mayor
STATE OF INNESOTA)
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknow ledged before me on this
/Ofti day of ¢-- , 1992, by Barbara A. Peterson & Dorothy M.
Hallin, Mayor & ity Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
• ca�a HaserNari
NOTARY PUBLI�IN9�IESOTA No ry Public � •
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