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,✓ MINUTES OF THU REGULAR ORONO COUNCIL MEETING HELD SRPTEMBBR 8, 1986 <br />f1022 CHARLES SCHALL CONTINUED <br />Attorney MacKinnon stated that applicant has confirmed <br />in his statement that the basement could be used with <br />some modificatior., therefore no hardship should be <br />found. <br />Referring back to the motion made by Councilmember <br />Grabek, seconded by Mayor Butler, to approve the <br />variance request as proposed and the additional <br />direction to staff for incorporation into the ensuing <br />Resolution #2040. Motion, Ayes 4, Nays 1. <br />Councilmember Frahm voted nay. <br />103 NILLZA41 J. ULRICH <br />�8 POI!! ROAD <br />COWDITION7IL USM PZRKIT/VAitIANCE <br />City Administrator Bernhardson explained the request for <br />a conditional use permit and variance to install an <br />underground pipe within the lakeshore protected area for <br />the purpose of transporting waters used in a geothermal <br />heating/cooling system to the lake. He noted that a <br />memo from Mr Ulrich's attorney was hand delivered this <br />day. Staff recommends tabling this matter in order to <br />review Attorney Thomas Humphrey's memo and pending <br />consultation with FWBI and a University of Minnesota <br />groundwater specialist. <br />Present for this matter were: John Noble, Clifford Reep, <br />Gregory Halbe--', and Neil K. Johnson. <br />Attorney Hr j, rt wished to review Attorney Humphrey's <br />(who was L able to attend) memo. He pointed out the <br />following issues: <br />1. The City has no jurisdiction over the <br />installation and use of the geo-thermal <br />heating/cooling sy.,tem for Mr. Ulricn's residence. <br />He noted that they have obtained the necessary <br />permits and/or authoriziation from all other <br />agencies. <br />2. The only issues before the City are the issuance <br />of a use permit and variance for the installation of <br />a pipe across the 75 foot setbeck area from Lako <br />Minnetonka. He noted that applicant has already <br />been granted a variance and conditional use permit <br />for placement of the foundation drain within the -5 <br />foot lakeshore setback area. <br />3. Sufficient hardship exists so as to justify the <br />issuance of a variance for installation of the <br />subject pipe. <br />4. Granting of a variance for the installt.tion of <br />the pipe shall not violate any of the criteria set <br />forth in Subdivision 25 of the City Code. <br />4 <br />