HomeMy WebLinkAboutResolution 4271 OO
_ ,to ,� CITY of ORONO
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W i1 Os RESOLUTION OF THE CITY COUNCIL
9kEX1 4, NO. 4 `a 4
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A RESOLUTION GRANTING APPROVAL
FOR SEWER CONNECTION FOR
PROPERTY LOCATED AT
465-485 ORONO ORCHARD ROAD SOUTH
WHEREAS, Edward Hamm (hereinafter "applicant") is the owner of property in
the City of Orono located at 465-485 Orono Orchard Road (hereinafter "the property") legally
described as follows:
Exhibit A attached; and
WHEREAS,the property is approximately 18 acres in area and contains a principal
residence structure containing 8 bedrooms and two individual guest house or caretaker house
structures each containing 1 bedroom,which would normally require 3 individual septic systems and
3 alternate drainfield sites; and
WHEREAS, the existing septic systems serving the 3 dwelling units are
interconnected and have exhibited intermittent failure for many years, and are also nonconforming
due to lack of 3' separation from the zone of seasonal saturation; and
WHEREAS,a site evaluation has been completed by a licensed Site Evaluator and
it has been determined that the property contains only two suitable drainfield sites instead of the six
that would normally be required, and use of such sites would have the following negative impacts:
1. Use of the tested sites would require continued interconnection of septic systems
serving three individual dwellings, and the associated complexities and problems
inherent in such interconnections.
2. Use of the suitable primary septic site would require the removal of at least three
mature pine trees and jeapordize other trees in the area; use of the alternate site would
similarly result in the removal of younger trees which provide screening and would
similarly jeapordize mature trees in the immediate area.
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CITY of ORONO
401 tel 0 RESOLUTION OF THE CITY COUNCIL
91(esti ' NO. [ 23 P71
3. Both tested sites would place a drainfield less than the City minimum requirement
of 75' from the existing well.
4. The heavy clay soils on the site tend to create a somewhat higher risk of system
failure than other soil types, posing a potential threat to public health, safety and
welfare.
5. If the system failed, it would impact 3 separate dwellings, not just one; and
WHEREAS, the property is adjacent to the existing MUSA and is near existing
municipal sewer lines which can feasibly be extended to serve the property; and
WHEREAS,the property substantially meets the criteria established by the City for
use of the 50'floating' sewer units approved by the Metropolitan Council for properties outside the
MUSA boundary; and
WHEREAS, the applicant has indicated he will pay all costs associated with
extension of the existing municipal sewer, connection charges, etc. and will agree to permanently
limiting development of the 18-acre site to just 3 dwelling units,via deed covenants or other suitable
instruments; and
WHEREAS,the Council fmds that permanently limiting development of this 18-acre
parcel to 3 dwelling units would be in keeping with the City's rural low-density philosophy as
detailed in the Orono Community Management Plan, and would provide an ultimate level of
development that is suitable for the site given the various site development constraints including
wetlands, steep slopes, etc.; and
WHEREAS,the Council finds that, in combination,the factors and findings noted
above establish that this is a unique situation as compared to others, and that there is a substantial
basis to allow approval of the sewer connection subject to appropriate conditions.
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� t, CITY of ORONO
�;^I�; �,� RESOLUTION OF THE CITY COUNCIL
9kestiO4 NO. 4 2 e` x
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota does hereby approve extension of municipal sewer to the property at 465-485 Orono
Orchard Road subject to the following conditions:
1. Applicant shall pay all actual costs associated with extension of a municipal sewer
line to the property boundary, upon billing of said costs to the applicant. The
extension of municipal lines shall be completed by a contractor hired by the City
based on a design to be completed by the City Engineer.
2. Additionally,applicant shall pay a connection charge for each of the three dwelling
units based on the current connection charge for the 1980-1 Minnetonka Bluffs
project, an amount equal to 3 x$10,930 per the current City fee schedule or a total
of$32,790. The connection charge shall be due prior to issuance of a connection
permit for each dwelling unit.
3. Additionally, 3 Sewer Availability Charge (SAC) units will be due at the time of
issuance of a connection permit for each dwelling unit.
4. Applicant shall execute a deed covenant in a form acceptable to the City Attorney that
permanently limits development of the property for residential uses to no more than
three (3) dwelling units. The three existing dwelling units may be replaced if
applicant chooses to do so, subject to all appropriate permits; and nothing in this
approval shall prohibit the applicant from developing the property into three
individual lots each containing one dwelling unit.
5. Applicant shall formally apply for and obtain a Guest House conditional use permit
(CUP)for the two guest/caretaker units on the property, prior to connection of said
units to the municipal sewer.
6. The undersigned applicant has read,understood and hereby agrees to the terms of this
resolution and on behalf of himself,his heirs, successors and assigns,hereby agrees
to the recording of this resolution in the chain of title of the property.
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t,. CITY of ORONO
;�I�� G� RESOLUTION OF THE CITY COUNCIL
4 2�9kegg.04� NO. 4
Adopted by the City Council of Orono, Minnesota on this 12th day of April, 1999.
ATTEST:
Linda S. Vee, City Clerk Gabrie abbour, Mayor
(1) Property Owner
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 12th day of April, 1999 by Linda S.Vee
and Gabriel Jabbour, City Clerk and Mayor respectively, of the City of orono, a Minnesota
municipal corporation, on behalf of the municipal corporation.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 1999 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
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