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HomeMy WebLinkAbout#08-3376 Resolution 5764CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 7 6 4 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A PERMANENTLY INSTALLED EMERGENCY GENERATOR FORA SEWAGE LIFT STATION PER CITY CODE SECTION 78-348(5) FILE NO. 08-3376 WHEREAS, the City of Orono, a Minnesota Municipal Corporation, (hereinafter "the Owner") maintains a sewage lift station at the comer of Casco Point Road and Frederick Street within the City of Orono. WHEREAS, the City of Orono Public Works Department has made application to the City of Orono for a conditional use permit to add a permanent emergency generator to the existing sewage lift station; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on August 18, 2008, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #08-3376. 2. The property is zoned LR-1 C. 3. The sewage lift station serves approximately 200 households in the Casco Point neighborhood and is powered by electricity. In the event of a power outage the Public Works Department must immediately bring a portable diesel powered emergency generator to the site. This generator must be monitored by a City employee until power is restored. Page 1 of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 7 6 4 4. The proposed emergency generator would be automatically activated in the event of a power outage. It would be powered by natural gas, eliminating the exhaust of the diesel-powered portable generator. It would be quieter than the portable generator. 5. The Planning Commission reviewed this application on August 18, 2008 and on a vote of 4 -0 recommended approval of the conditional use permit. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, and the effect of the proposed emergency generator on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds that the proposed location of the emergency generator is in accord with the objectives and purposes of the LR-lC zoning district in which the site is located and with the comprehensive municipal plan and that the proposed emergency generator would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a conditional use permit to add an emergency generator to the existing sewage lift station, subject to the following conditions: 1. Council approval is based on the site plan attached to this Resolution as Exhibit A. Any changes or amendments to this plan may require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by installing the generator and landscaping before August 25, 2009 or grounds will exist for revocation of the conditional use permit. 3. 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. Page 2 of 3 ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 7_ 6 4 Adopted by the Orono City Council on the 25th day of August, 2008. ATTEST: c½~ j t/_u;_- Linda S. Vee, City Clerk ~ M . {__jkf;:._ . JesM.White, Mayor Page 3 of 3 ------•---'------------ LINE \ ' ---- I I I \ I 1 \ \ ~<-< 5 7 6 4 NOTE: PROPOSED CONCRETE PA[ SIGNIFICANTLY AFFECT 1' L_ -___ \____::_ ,=.:.=-,.::.= T