Loading...
HomeMy WebLinkAboutResolution 2098 5 .,' t c�t� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � NO. 2098 o - • � . A RESOLIITION GRANTING A CONDITIONAL OSE PERMIT TO MiJNICIPAL ZONING CODl3 � SECTION 10.03, SUBDIVISION 19 AND A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SQBDIVISION 8 FILE #1039 � WHEREAS, William J. U].rich (hereinafter "the applicant") is the owner of the property located at 1535 Bohn's Point Road within the City of Orono (hereinafter "City") and legalYy described as Lot l, Beth and Bridget (hereinafter "property"); and WHEREAS, per Section 10.03, Subdivision 19 the applicant has made application to the City of Orono to permit the instalYation of an underground 4 inch pipe that would extend into the 0-75 foot lakeshore �; protected area and a variance per Section 10.55, Subdivision 8 land alterations are not permitted within the lakeshore protected area. NOW, THERI3FORE, B13 IT RESOLVED by the City Council_of Orono, Minnesota: -FINDINGS .. ' L This application was reviewed as Zoning File #1039. 2. The property is located in the LR-1B Single Family°Lakeshore Residential �Zoning District. 3. The property is approximately 5 acres in area. 4. On August 18, 1986, the Planning Commission action resulted , in a split vote. 5. The approvimg members based their recommendation on the foYlowing findings: a) An underground pipe cannot be considered new hardcover within the protected area. � b) The applicant proposed appropriate erosion controY r � measures throughout the excavation project creating negligibYe impact on the lake. � c) The underground pipe wilY outlet into the protected � lagoon and not the main lake. `t ' Page 1 of 6 � . , . _ _ _ � _ i a ,• . � Cit� o� ORONO . . • ,RESOLUTION OF THE CLTY COUNCIL � NO.. 2098 � • - � • 6. The members in opposition based their position on the following findings : a) Applicant has not demonstrated sufficient hardship to a11ow the excavation within the lakeshore protected area. - b) The limitless permitting of this type of system W�i1 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 local unit of government response. The City Council has asked the DNR to scheduYe an appropriate public • hearing to address the many concerns raised during the review of conditionaY use permit #1039, a permit that would a1 low the use of underground water from the Prairie Du Chein/Jordan acquifer for a geothermal heating and cooling system. __ -- _ 8. On November� 24, 1986, 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 Yevels 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 Yimitless 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 - � ` Clt� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2098 � - • • . e City Engineer contacted Roman Kanavetski, Minnesota Geological Survey, GiI Gabanski, Twin City Testing and M. Schoenberg, U.S. Geological Survey regarding concern for the depletion of the Prairie Du Chein/Jordan acquifer by random appYication of geothermal heating/cooling systems. Their comments were summarized by Mike Lynch as fo�.lows: "These experts indicate that one home pumping an average of 30 gpm of f low from the Prairie Du Chein/Jordan acquifer or even 100 such homes wilY have essentially no effect upon the acquifer. There is some concern amongst experts and regulating agencies that a concentration of "big users" may be causing a fluctuation of the groundwater Yevel within the acquifer. One such example is the City of St. Pau1 water system. This system has caused a noticeable f luctuation in the` level of the acquifer due to an immense quantity of groundwater withdrawaY from a relatively smal 1 area. On the other hand, Townsquare in St. Paul has a geothermaI. 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 residentiaY 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 " Yake within a protected lagoon area below the lake level at a 924.6 elevation. ` . y 14. There W�11 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 wi1 Y have any de-icing effect on the main 1ake. 16. The proposed geothermal system is defined as a closed 'system requiring no additives, conditioners or other chemicals. The quality of the water to be discharged into the lake wilY not pose a poYlution hazard. 17. Dr. Richard Hanson of the Fresh Water Biological Institute has voiced major concern with the uncontroYled, 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 he "found it difficult for one city to have a major impact on this issue" . Page 3 of 6 A , � � ���� � c�t o� oRONo . �:.��:: � • � � %�'��� RESOLUTION OF THE CITY COUNCIL '`�'"",�', NO. 2098 � �F ;� R�. o - � ._� 18. In a letter dated December 8, 1986, Dr. Hanson advised the following: I have no objection discharging water into a �agoon prior to release into Lake Minnetonka, provided normal precautions against erosion, etc.,. are taken. 19. The discharge pipe has been placed to out�.et 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 YiabiYities 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 aY leviate 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. F , 21. The City Council finds that granting a conditional use permit to a].I.ow the instal�ation of an underground drainage pipe � for a geothermal heating and cooYing system within the lakeshore protected area W�11 not be detrimental to the health, safety or general welfare of the public, wouYd not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor W�11 it depreciate surrounding property `values and that the proposed ].evel of use of the property wi1Y be in keeping with the intent and objectives of the Zoning Code and � Coinprehensive P1an of the City. CONCLIISIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City • Council hereby grants a conditional use permit per Municiapl Code Section 10.D3, 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 - 8 to permit excavation within the lakeshore protected area subject to the following conditions: : Paae [l nf F ... y • ' ' i � C�t� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2098 • - • • l. Applicant must provide to the City of Orono a copy of the annual ly 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 W�i1 act to revoke this permit from the DNR if at any time the pubYic health, safety or welfare is endangered from the discharge of this system 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 W�i1 expire on that date (December �8, 1987). 6. -Violation of or non-compliance with any of the terms and conditions of this reso�ution sha11 constitute a violation of the zoning code, shal 1 automatically terminate any authority granted herein, and shall be punishabYe as a misdemeanor. , s: 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behaYf 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. ATT ST: . _ . _ G othy M xalii , City Clerk Mary C. tler, Mayor � ro ert ner(s) P Y Page 5 of 6 • , . . • ,- . • ` Clt� o� ORONO � � RESOLUTION OF THE CITY COUNCIL � NO. 2098 • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On t h i s ��� d ay o f �`L�^��C..�� , 19 8� before me a tary Publ ' within and for said county, personal 1y appeared � known to me to be the person(s) descr ' ed in and who executed the foregoing instrument, and ackn ledged that he (they) executed the same as his (their) free act and deed. M * dNDY JAEB �NOTARY PUBLIC—MINNE90TA NOTARY P C - HENNEP1N CO�1MY • . My Commission Expires Oet 25,1991 . � � �� - ��, �s�� _ ____. -- _. MY COMMISSION. EXPIRES__.__.__ . .-. _----- - --.. . _ . STATE, OF MINNESOTA ) ` ' . . � )ss. COUNTY OF HENNEPIN ) ° " On this � day of , 198 , before me � � ,a Notary Public within and for said County, : personally. appeared ,- - known _to me �to� be the _ person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � . . - _.. _ _.._ _ � . _ _._ ,�--: _ _ __ . . < . _ ._ � NOTARY PUBI�IC � , . _ . . . -. . MY COMMISSION EXPIRES , _ , � --. . � _ _ _ - : ,. _ ;, � �:_ _ �Page 6 of 6 -_ _ .