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HomeMy WebLinkAboutResolution 2510CJ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2510 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE #1340 WHEREAS, Washington Scientific, Inc. (hereinafter "the applicant") is the owner of the property located at 2605 Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described in Exhibit A, attached to this resolution, (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the excavation of a trench 24' deep for the purpose of treating soils contaminated with organic solvents. Pumps shall be installed within the trench with two above -ground treatment chambers that will eventually drain discharge into the sanitary sewer system. • NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1340. 2. The property is located in the Industrial Zoning District. 3. On October 3, 1988, the Orono Planning Commission reviewed the application as proposed and recommended approval, based on the following findings: A) The applicant and its consultants have contacted all appropriate State agencies throughout the P.C.A. permit review. The City staff and its consultants can confirm that the applicant has complied with all conditions set forth by the P.C.A. and that the remedial plan of action meets all of the State's standards. B) In order to prevent further hazard to the public health, safety, and welfare, it is important that the approved remedial action plan be instituted as soon as possible. C) The proposed plan of action will prevent further risk of contamination of the run-off entering Long Lake and throughout • the major watershed. Page 1 of 4 • City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2510 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 5. The City Council f inds that granting a Conditional Use Permit to allow the excavation of the trench as part of the remedial treatment plan for the purpose of eliminating the presence of organic solvents within the property 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. CONCLUSIONS, ORDER AND CONDITIONS • Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the excavation of a trench as part of a remedial treatment plan for the purpose of treating organic solvents located within the property, subject to the following conditions: 1. The applicant is hereby advised that the City must be notified immediately of any changes in the present condition of the hazardous substances on the property or of any new areas found to contain such hazardous substances. 2. The City is to review and approve the monitoring information on the discharge from the filtering devices before they enter the City sewer system. Applicant must apply for the appropriate permits from the City of Orono for meters that will monitor volume of discharge into sewer system. This phase of the operation shall also be monitored with the M.W.C.C. 3. Earthen dikes to be constructed as deemed necessary by the City as a protection against the failure of the system in order to prevent contamination from getting into Long Lake and the surrounding major watershed. 4. Contaminated soils excavated from trench installation must be contained/stored above ground per standards set forth by M.P.C.A. • guidelines. Page 2 of 4 • &1988. City of oRolvo RESOLUTION OF THE CITY COUNCIL NO. 2510 5. In granting approval of this conditional use permit, the City also reconfirms all conditions set forth by the M.W.C.C. in their approval letter to the applicant dated 9/28/88. 6. Violation of or non-compliance with any of the terms and condi- tions 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 owner has read, understood and hereby agrees to the terms of this resolution and on behalf of Washington Scientific, Inc., its 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 10th day of October, Property Owner(s) • Jam R. Grabe , yor .i Page 3 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN City of oR,olvo ss. RESOLUTION OF THE CITY COUNCIL NO. 2510 On this - / — day of klo Y , 198K before me a�,Ptary blic wi hin d for said county, personally appeared �J -2 2 - known to me to be the person(s) desc ibed in and who xecuted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. 191 ��"VjWM pTA NOTARY PUBLIC •ItENNEpIN, COUNTY MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 19 8 , 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 PUBLIC • MY COMMISSION EXPIRES Page 4 of 4 0 RESOLUTION NO.2510 Exhibit A