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• MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 8, 1986 <br />#1039 WILLIAM ULRICH <br />1535 BOHNS POINT ROAD <br />CONDITIONAL USE PERMIT/VARIANCE <br />RESOLUTION #2098 <br />City Administrator Bernhardson reviewed that at the last <br />Council meeting, the DNR representatives addressed the <br />concerns involving the use of the aquifer for <br />residential heating and cooling systems and the <br />discharge of the water used in this system into Lake <br />Minnetonka. He noted that DNR is witholding the <br />discharge permit pending the action on the conditional <br />use permit by Council. Staff received a letter from Dr. <br />Hanson of FWBI indicating that while he does have an <br />objection to thermal energy using aquifer water, but he <br />is not concerned about the actual discharge of the water <br />into the lagoon. Regarding the suggestion that this <br />application be used as a test case and initiate a <br />moratorium to deter other such requests, he noted that <br />the City has no authority over the discharge into the <br />lake, however could legally impose a moratorium <br />prohibiting excavations within the 0 -75' lakeshore <br />setback. <br />Present for this matter were John Noble, Gregory <br />Halbert, and Don Brauer (President of Brauer Group & <br />Planning.Consultant). <br />Mr. Halbert noted that their hardship is the fact that <br />they are installing a geothermal heating /cooling system <br />whereby a discharge area is necessary for this system, <br />and discharge into the lagoon is deemed to be the least <br />environmentally intrusive. He noted that the geothermal <br />heating system is backed -up by a conventional system. <br />Mayor Butler stated that she understands the dilemma, <br />however hardships are in conj>inction with the land, not <br />due to the individual or, desired heating system, <br />therefore, she believes there is no demonstrable <br />hardship that runs with the land in this case. <br />Mr. Brauer stated that he felt this was an unusual <br />situation, because this is not really a variance that is <br />required, it is a regulatory problem which Orono has <br />chosen to treat through a variance process. He stated <br />that the applicant has chosen a certain type of <br />heating /cooling system, which is a very efficient <br />system. The hardship involved is that the applicant is <br />not able to utilize his land to accomodate his choice <br />of heating and cooling his house. <br />Councilmember Frahm noted that in the City of Orono, any <br />grading or land alteration in the 0 -75' setback requires <br />both a variance and conditional use permit. <br />7 <br />