09-08-1986 Council Packet - Laserfiche WebLink

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Mayor Butler and City Council Members September 8, 1986 Paae 2 currently pending before the City Council. 1. The City has no jurisdiction over t-he installation and use of the geo-thermal heating and cooling system for Mr. lilrich's residence. The appropriat':ion of ground water for a geo-thermal heating and cooling system is exclusively within the jurisdiction of the Minnesota Department of Natural Resources. That entity, acting pursuant to authority granted to it by the State Legislature, has adopted a permit process to control. facilities such as the one Mr. Ulrich is installing. Our client has fully complied with that process; and, in fact, he has received a permit authorizing installation of the well, and the appropriation and discharge of ground water for the system. The well has already been installed, all necessary permits having been obtained in advance. Orono, of all municipalities, should understand the limitation on the scope of its power in light of its experience in Welsh v. City of Orono, 355 N.W.2d 117(Minn. 1984). In the present case, as in that one, the DNR has exclusive control, there being neither express nor implied power of the City to regulate the subject matter. On this basis, we object to any further delay in the City's permitting process. Furthermore, we object to any attempt by the City to regulates our client's geo-thermal system indirectly through the withholding of a permit for an underground discharge pipe into Lake Minnetonka. The City cannot do indirectly what it cannot do directly, and that is regulate the installation of a geo-thermal facility. The only issue remaining is the manner of discharge of the water after it has circulated through the geo-thermal system. A request has been made to the City to allow construction of a pipe within the 75 foot set back from Lake Minnetonka to carry the discharge water into Lake Minnetonka. This pipe is similar to the drain pipe which has been installed to direct water away from the foundation of the principle residence. 2. The only issues before the City are the issuance of a use permit and variance for the installation of a pipe across the 75 foot set back area from Lake Minnetonka. Sect:ten 10.03, Subdivision 19 of Orono's zoni^i ordinance requires a use permit to excavate within the 0-75 foot la, shore protected area. Subdivision 8 specifically forbids any excavations or structires within that distance without a variance.