HomeMy WebLinkAbout1986-12-08 Resolution 2098 CUPI
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City of ORONO
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RESOLUTION OF THE CITY COUNCIL
NO. 209B
A RBSOLOnON GRANTING
A CONDITIONAL OSB PERMIT
_ TO MUNICIPAL BONING COOB
SECTION 10.03, SOBOIVISIOR 19 AND
A VARIANCE TO
MUNICIPAL ZONING COOB
SECTION 10.55, SUBDIVISION 8
PILE 11039
the owner of the propeiij ToJ;ted al applicant-) is
City of Orono (hereinafter ^ the
Beth and Bridget (hereinafter -prUrtr)- and "" 1*
=isi.-S%Ts Sriw:£«
Minnesota.'*®’*' ™«»bporb, be it resolved by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning Pile #1039.
3. The property is approximately 5 acres in area.
In a°8pm'’vJti!' Commission action resulted
lithfS n« l«rdco.,r
Page 1 of 6
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City of OROIVO
RESOLUTION OF THE CITY COUNCIL
NO. 2098________
6* The members in opposition based their position on tho
following findings:
a) Applicant has net demonstrated sufficient hardship to
allow the excavation within the lakeshore protected area.
b) The limitless permitting of this type of system will
have an impact on the acquifer.
7. The Department of Natural Resources (Water Appropriations
Division) issued permit 86-6178, April 22, 1986, without
obtaining the required locrl unit of government response. The
City Council has asked the DNR to schedule an appropriate public
hearing to address the many concerns raised during the review of
conditional use permit #1039, a permit that would allow the use
of underground water from the Prairie Du Chein/Jordan acquifer
for a geothermal heating and cooling system.
8. On November 24, 1936, Hedia Adelsman and James Japs from the
DNR's Groundwater Appropriations Division and Judy Boudreau, DNR
Area Hydrologist, appeared before Council to address the City's
concerns regarding the proposed use of the acquifer and the
method of discharge.
9. Ms. Adelsman advised that the Prairie Du Chein/Jordan
acquifer from 1971 through 1980 has been monitored showing
decreased levels at various periods but consistently recovered to
remain at basically the same level. She advised that there are
various wells in the Orono vicinity that are monitored by the DNR
and if an irregularity was to occur that a permit for this type
of residential use would be revoked or the conditions of the
permit amended at any time.
10. In response to the concern that limitless permits issued by
the DNR for such geothermal systems would have major impact on
the acquifer, both Adelsman and Japs concurred that there would
be concern if they were concentrated in one area but that few
residential users would ever be at the applicant's level of use.
Again, they advised of the monitoring network and the ability to
revoke such permits at any time.
11. The DNR advised the Council that the City can always present
their concerns or questions to the Department regarding any
single or multiple number of permits issued by the DNR.
Page 2 of 6
Cilv of ORfXNO
RESOLUTION OE THE CITY COUNCIL
NO.
12. The City tHujinocr contacted Roman Kanavetskl, Minnesota^
Geological Survey, Gil Gabanski, Twin City Testing and M.
Schoenberg, U.S. Geological Survey regarding concern for the
depletion of the Prairie Du Choin/Jordan acquifer by random
application of geothermal heating/cooling systems. Their
comments wore summarized by Mike Lynch as follows:
"These e:cperts indicate that one home pumping an average of
30 gpm of flow from the Prairie Du Chein/Jordan acquifer or
even 100 such homos will have essentially no effect upon the
acquifer. There is some concern amongst exports and
regulating agencies that a concentration of **big users" may
be causing a fluctuation of the groundwater level within the
acquifer. One such example is the City of St. Paul water
system. This system has caused a noticeable fluctuation in
the level of the acquifer <lue to an immense quantity of
groundwater withdrawal from a relatively small area. On the
other hand, Townsquare in St. Paul has a geothermal system
that pumps at a rate of 1200 gpm without regional depletion
of the acquifer. The usage of the acquifer is currently
being regulated by the DNR and the Health Department.
The popularity of geothermal heating systems for residential
properties has been dying out the past couple of years as
there is no longer an energy credit for their use and the
placement of such a system is generally not cost-effective.
13. The discharge pipe for the geothermal system will enter the
lake within a protected lagoon area below the lake level at a
924.6 elevation.
14. There will be no navigational hazards created for the users
of Lake Minnetonka because the discharge pipe will not extend
into the main lake area.
15. Neither the velocity of the discharge nor the temperature of
water discharged will have any de-icing effect on the main lake.
16. The proposed geothermal system is defined as a closed system
requiring no additives, conditioners or other chemicals. The
quality of the water to bo discharged into the lake will not pose
a pollution hazard.
17. Dr. Richard Hanson of the Fresh Water Diological Institute
has voiced major concern with the uncontrolled, intense, multiple
uses of our groundwater reserves and strongly recommends that a
national policy be formulated providing standards for groundwater
uses to assure that we are not creating an irreversible crisis.
In his letter of September 15, 1986, he noted that ho "found it
difficult for one city to have a major impact on this issue".
Page 3 of 6 I
C it.y of ORONO
RESOtUTION OF THE CITY COUNCIL
NO. _-098 ^
18. In a letter dated DocemLer 8, 1986, Dr. Hanson Odviscd th“
following ;
1 have no objection discharging water into a lagoon prior to
release into Lake Minnetonka, provided normal precautions
against erosion, etc. are taken.
19. The discharge pipe has been placed to outlet into the
lagoon/main lake as opposed to entering the adjacent wetlands
because of the following reasons:
a) There is a greater chance of the pipes freezing and
making the system inoperable.
b) There may be greater questions of safety or liabilities
if discharge weakens ice or creates other hazards within the
shared wetlands area. The lagoon area is contained within
applicant's property.
20. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting the variance
would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring properties;
would not merely serve as a convenience to the applicant, but is
necessary to alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the appli
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
21. The City Council finds that granting a conditional use
permit to allow the installation of an underground drainage pipe
for a geothermal heating and cooling system within the lakeshore
protected area will not be detrimental to the health, safety or
general welfare of the public, would not adversely affect light,
air nor pose a fire hazard or other danger to neighboring
properties# nor will it depreciate surrounding property values
and that the proposed level of use of the property will be in
keeping with the intent and objectives of the Zoning Code and
Comprehensive Plan of the City.
CONCLOSIONS, ORDER AND CONDITIONS
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Based upon one or more of the above findings# the Orono City
Council hereby grants a conditional use permit per Municiapl Code
Section 10.03# Subdivision 19 to William J. Ulrich to permit the
installation of an underground pipe for the purpose of discharging
water from a geothermal heating and cooling system located within the
lakeshore protected area and a variance per Section 10.55# Subdivision
0 to permit excavation within the lakeshore protected area subiect to the following conditions:
Pmcia a rtf A
3HS
City of OROINO
RESOLUTION OF THE CITY COUNCIL
NO. ^098_ _ _ _ _
1. Applicant must provide to the City of Orono a copy of the
annually renewed permit from the DNR Groundwater Division.
2. Appropriate erosion control measures must be taken during the
period of the installation of the underground pipe and to confirm
with the City staff the timing for the outlet into the lagoon.
3. Applicant must obtain a mechanical permit from the City of
Orono for the installation of the geothermal heating and cooling
system.
4. Applicant is placed on notice that the City will act to
revoke this permit from the DNR if at any time the public health»
safety or welfare is endangered from the discharge of this syst^
or from the placement of this system or from the use of the
groundwater.
5. Authorities granted by this resolution run with the property
not with the applicant, but are permissive only and must be
exercised by application for a building permit within one year of
the date of Council approval, or the special coditions of this
resolution will expire on that date (December 8, 1987).
6. Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
7. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of himself,
his heirs, successors and assigns, hereby agrees to the recording
of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 8th day of
December, 1986.
ATT8ST:1 OB 15 r\
/Dorothy lS?7Hallin, city Clerk Mary C^^^ Butler, Mayor
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2098________
STATE OF MINNESOTA )
) 88.
COUNTY OP HENNEPIN )
On thl8 day of 198^
lo^ry Public within and for 8aid county, per8onally
'^4- /f ^_______ known to m« to be
before ne a Not«
appeared
the peraonia) deacribed^in and who executed the foregoing
inatrument. and acknowledged that he (they) executed the aame as
his (their) free act and deed.
emomarnmnuK-tumaan HoaiErwoouNn
Mt OowwBm tiem Oct a IM j
STATE OF MINNESOTA )
)88.
COUNTY OP HENNEPIN )
On this day of before a>e
a Notary Public within and for said County, pe’.sonafly appeared
_______ ^ tt—r—I_____•—I__________ known to me to be the
per8on(s) ' .ribed in and who executed the foregoinginatrumentr
and a' lodged that he (they) executed the aame as hla
(their, tree act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
I Dorothy 11. }tallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on 19 .o and that the game is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In witness whereof. I have hereunto set my hand and sea'_ this
loth day of )cce:.ber . 19
,Dorothy H. allin, City Clerk
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(SEAL)