HomeMy WebLinkAboutResolution 6550
Resolution No. 655
A Resolution Denying the Application
of Howard Eisinger for a Variance and
Zoning Amendment to Allow a Landfill
Operation on Property Located at
3255 Wayzata Boulevard
WHEREAS, the City of Orono enacted Ordinance No. 149
on July 9, 1973, which established a moratorium on the grant-
ing of conditional or special use permits, variances, building
permits, rezoning applications or other authority for additional
development and land use in the City of Orono, and
WHEREAS, the moratorium was extended by ordinance on
several occasions and was not terminated until December 31,
1974, and
WHEREAS, the moratorium was necessary in order to insure
the achievement of the goals of providing the city with satis-
factory tools to guide and control development and land use
• during the interim period so the benefits of proper planning
would not be lost,,`to spreserve the status quo pending the
adoption of the measures necessary to protect health, safety
and welfare of the citizens of Orono, and
WHEREAS, the council through research and review of various
reports, studies and experience determined the overall preserva-
tion of water quality of Lake Minnetonka and existing ground
water supplies for future generations shall be a paramount
guiding principle of Orono's Comprehensive Plan, and
WHEREAS, the quality of storm water runoff is adversely
effected through dense development and potentially detrimental
land uses, and
WHEREAS, the Comprehensive Plan specifically addresses
itself to the problem of the former landfill on Highway No. 12,
west of the industrial zone, which through the determination
of the end use of the property should minimize the potential
leaching of stored nutrients into adjacent marshes and drainage -
ways to Lake Minnetonka, and
WHEREAS, any land use contributing to traffic hazards
should be limited, and
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WHEREAS, the preservation of marshlands provide filtra-
tion mechanism for pollutants and prevents fast storm water
runoff, and.
WHEREAS, our zoning ordinance does not provide for a
landfill operation as a permitted or conditional use in resi-
dential zoned districts, and
WHEREAS, Zoning Ordinance No. 125 adopted December 28,
1970, prohibits filling of low lying lands and drainage areas,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Orono, Minnesota:
1. That the application for a demolition landfill be
denied since the proposed land use is neither a permitted or
conditional use in the RR -1B residentially zoned area.
2. That the present zoning is appropriate for reasonable
use of the property including the following permitted uses:
a. One Family Dwellings
b. Public owned parks and playgrounds
• c. Municipal Buildings
Conditional uses:
a. Schools
b. Churches
C. Clubs
d. Camps
e. Golf course and similar properties
f. Public service structures
g. Greenhouses
h. Recreation areas including riding stables
i. Gun Clubs
j. Archery Ranges
k. Guesthouses
1. Planned Residential Development
m. Apiaries
n. Keeping of domestic and commercial animals
o. Stock Farms
p. Hospitals
3. That the Comprehensive Plan has designated this area
as an RR -1B residential district not providing for landfill
operations.
4. That present zoning is compatible to the development
• proceeding west along Highway No. 12.
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5. That expanding development results in additional hard-
cover increasing the necessity of the natural filtrative and
retention of storm water runoff provided by the existing marsh-
lands and wetlands.
6. That increased traffic resulting from the operation
would add to the existing hazardous traffic conditions. on the
high speed, heavy traveled Highway No. 12.
7. That the access to the property is located danger-
ously near the base ofja dip in the highway.
8. That the more hazardous traffic conditions would con-
tribute to the danger of the children in the nearby school.
9. That the property is.presently being used for residen-
tial purposes and the 'raising and grazing of horses.
10. That the proposed use is commercial -industrial in
nature and not compatible with other uses in the area.
11. That the proposed landfill conflicts with Ordinance
No. 125. 1
• 12. That the proposed landfill would place artificial
obstruction restricting the path of floodwater.
13. That the Fish and Wildlife Service recommends this
proposal be denied.
14. That the Pollution Control Agency, after their finding
of facts, concluded their approval should in no manner be con-
strued as limiting the City of Orono in its approval, denial,
or modification of this proposed landfill.
15. That the Pollution Control agency, in their findings
of facts of May 23, 1975, stated the owner had voluntarily closed
the landfill operation in 1970 as he felt he could not economically
operate under Minnesota Pollution Control Agency regulations.
16. That a letter from the City Building Inspector of the
City of Orono to the Minnehaha Creek Watershed District dated
April 11, 19.72, states that the owner closed his operation say-
ing it was impossible to comply,with the conditions in the time
allotted.
17. That the Hennepin County Department of Public Works,
after reviewing the application, stated they are not prepared
to recommend a license because of environmental concern.
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18. That the location of the proposed landfill is only
about six hundred feet from Lake Classen.
19. That operation of a landfill at this location would
result in a diminution of value of surrounding properties.
20. That the proposed landfill would be contrary to the
Comprehensive Land Use Plan previously adopted by the city and
the intents and purposes of the Zoning Code.
The foregoing resolution was adopted by the City Council
of the City of Orono on December 8 , 197 5, by a vote
Of 5 ayes and 0 nays and represents the council's findings
of fact relating to this application.
ATTEST:
a ter S. nson,
Clerk/Administrator
•
Robert L. Searles, Mayor