07-09-2012 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 9, 2012 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) ordinances regulating driveway monuments, oversize light poles, and other things it considers may be a nuisance. The City of Orono has also chosen not to regulate portable hot tubs, bug zappers, and renewal technology such as solar and wind energy. Nygard stated except for Aaron Printup and David Rahn, no one here, including City Staff, has taken the time to visit the property and discuss the issues with him. Nygard noted things have changed in Orono and that there are now mansions in some of the places where he played as a kid. Nygard stated times change and people change and that everyone has to learn to adapt. A municipality's job is to guide those changes in a meaningful way and not to punish residents who have the foresight to bring the most modern piece of equipment there is on the planet to help beautify their property in an effort to do the right thing. Nygard noted Long Lake has adopted an ordinance regarding renewal technologies that is somewhat fair to its citizens. They did it to protect the community and its citizens. Nygard asked if the City of Orono has done anything similar. Renewal technologies are going to be an integral part of the world going forward and Orono could be an example and a shining star in helping to integrate those technologies. Penny Rogers stated she lives directly east of the Nygards on Rest Point Road. Rogers indicated she is not opposed to green energy by any means but that there is a place and location where it should be located. The last 18 months have been very difficult and frustrating. She noted their enjoyment of the lake has been greatly diminished due to the wind turbine being placed on the lot line. In October of 2010, Mr. Nygard applied for a permit and was denied. He continued on with his project and continued to violate city rules. In November the City ordered him to cease and desist the activity. He violated four different ordinances by installing the structure as well as hardcover requirements, which has not been mentioned tonight. In 2002, when he received a variance from the City, he agreed that their lot would be considered fully built and that no other increases to structural coverage would be allowed. Therefore, as a result of their lot being fully built, they were not going to be allowed to build another structure. Rogers stated the Nygards placed the wind turbine so close to the property line that for a while the nine foot blades were shown by survey to trespass over their property line. The blades were approximately 30 feet from their home. They had to view the turbine from every south and west facing window and it was directly across from their deck. Rogers stated they were not able to enjoy their outside time on their deck. Rogers stated the effects on them and their home were many. The wind turbine reflected light into their home in the morning, which was like having a strobe light inside reflected on their walls and glass and picture windows. In the afternoon they experienced flickering shadows. When it was windy, they would hear a whirling noise, which was disruptive to them in their home and loud enough to wake them up at night. The neighbors two doors down could also hear the turbine. Rogers noted two of Orono's neighboring cities have ordinances regulating wind turbines. Both cities require that the property owner comply with all setback requirements. Long Lake also requires that any wind energy system be designed to utilize earth tone colors and textures that are compatible with adjacent dwellings. Rogers noted this turbine is not compatible. Minnetrista's ordinance requires the property to be a minimum of ten acres. The Nygard property is less than one-half acre. This turbine would not meet those code requirements. Page 5 of 9