01-12-1987 Council Packet - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 8, 1986 #1039 WILLIAM ULRICH 1535 BOHNS POINT ROAD CONDITIONAL USE PERMIT/VARIANCL RESOLUTION #2098 City Administrator Bernhardson reviewed that at the last. Council meeting, the DNR representatives addressed the concerns involving the use of the aquifer for residential heating and cooling systems and the discharge of the water used in this system into Lake Minnetonka. Fie noted that DNR is witholding the discharge permit pending the action on the conditional use permit by Council.. Staff received a letter from Dr. Hanson of FWBI indicating that while he does have an objection to thermal energy using aquifer water, but he is not concerned about the actual. discharge of the water into the lagoon. Regarding the suggestion that, this application be used as a test case and initiate a moratorium to deter other such requests, he noted that the City has no authority over the discharge into the lake, however could legally impose a moratorium prohibiting excavations within the 0-75' lakeshore setback. Present for this matter were John Noble, Gregory Halbert, and Don Brauer (President of Brauer Group & Planning Consultant). Mr. Halbert noted that their hardship is the fact that they are installing a geothermal heating/cooling system whereby a discharge area is necessary for this system, and discharge into the lagoon is deemed to be the least environmentally intrusive. He noted that the geothermal heating system is backed -up by a conventional system. Mayor Butler stated that she understands the dilemma, however hardships are in conjunction with the land, not due to the individual or desired heating system, therefore, she believes there is no demonstrable hardship that runs with the land in this case. Mr. Brauer stated that he felt this was an unusual situation, because this is not really a variance that is required, it 15 a regulatory problem which Orono has chosen to treat through a variance process. He stated that the applicant has chosen a certain type of heating/cooling system, which is a very efficient system. The hardship involved is that the applicant is not able to utilize his land to accomodate his choice of heating and cooling his house. Councilmember Frahm noted that in the City of Orono, any grading or land alteration in the 0-75' setback requires both a variance and conditional use permit.