11-24-1975 Council Meeting Minutes

Home Browse Search

� � ORONO COUNC IL PJIEETIIJG IIELD NOVEPTIIER 2 4, 19 75 Page 6 � The City Attorney stated th�t a commercial use EISTNGER LANDFILL of the property as a sanitary landfill is not a (Continued) permitted or conditional use in this residential zone, Therefore, there would be a need to � amend the zoning code to allow for this sort of commercial use in a residential district such � as this, He noted that under the T•Tinnesota Statute concerning zoning, that the Council � could not even grant the variance to allow the applicant to use the property as a sanitary � landfill; the City cannot grant a variance to • allow a use in a use district that is not already a permitted or conditional use. In this case, � it is clear from examination of the ordinance, that a commercial sanitary landfill is not a � permitted or conditional use in this districto Therefore, the City Council must address itself • to the need for a variance from Ordinance Noe 125, the wetlands ordinance, and an amendment to the � zoning code itself to allow for this sort of use in a residential zone, � �Zre Schieffer stated that he believed that the property was zoned for agricultural in 1958 � and that that zone permitted a landfill by a special use permito He thought that such a special use permit had been granted in 1958 and � that applicant had operated under that special use permit until 196II, At that time, the property � was rezoned in such a manner as to eliminate commercial landfills from that residential zone, � The applicant was told by the City at that time that if he wished to continue the commercial • operation in .a residential zone, that he must • apply for a non-conforming use - conditional use permita He believed that at that time the applicant � applied for a conditional use permit to continue as a non-conforming use and that the City granted � such a permito He noted that thereafter the operator of the landfill and the present land- � owner terminated the operation of the landfill and sometime thereafter made the present � anplication for a variance from the wetlands ordinance, 1�layor Searles read from Mr. Sunde' s report filed by the applicant previously concerning the ` application and reviewed the charts submitted therein which set forth the clear commercial use � of the property as a sanitary landfill, F�r, • Shieffer stated that he had nothing further to say concerning the matter. Councilmember � 1�lassengale noted that the �aetlands ordinance, Ordinance No. 125, states that it shall be in � the public inter�st before a variance can be grantedo � (Continued)