HomeMy WebLinkAbout#5125-dening request for EAW-2004 � o�
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���a� CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION DETERMINING THAT THE
DEVELOPMENT PROPOSAL BY BRUCE AND KRISTINE PADDOCK
AND GEORGE STICKNEY HAS NO POTENTIAL
FOR SIGNIFICANT ENVIRONMENTAL EFFECTS,
AND DENYING THE CITIZEN PETITION FOR
PREPARATION OF AN
ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW)
-FILE #03-2964
WHEREAS, the City of Orono ("City") is a municipal corparation organized and
existing under the laws of the State of Minnesota; and
WHEREAS, the Minnesota Environmental Quality Board (EQB) has officially notified
the City of a petition by a group of citizens represented by Jack Y. Perry of Briggs and Morgan
requesting the completion of an Environmental Assessinent Worksheet for the proposed development
("The Development") by Bruce and Kristine Paddock and George Stickney (the "proposers"), City of
Orono plamiing and zoning application File#04-2964; and
WHEREAS, under EQB Rules 4410.0500, the City has been designated as the
appropriate Responsible Governmental Unit (RGU) to determine whether an EAW is required.
FINDINGS OF FACT
1. The City Council finds that the Development does not meet or exceed any of the thresholds of
EQB Rules Part 4410.4300, Subpart 2 through 37, and does not meet or exceed any of the
thresholds of EQB Rules Part 4410.4400, Subparts 2 through 24. Therefore, neither an
Environmental Assessment Worksheet nor an Environmental Impact Statement are mandatory
for the Development under EQB Rules.
2. The City Council finds that the Development falls within Part 4410.4600 Subpart 2(B) in that all
governmental decisions have not been made, and falls within Part 4410.4600 Subpart 12
because, while 3 lot development does not exceed the threshold of 20 dwelling units for a fourth
class city, the Development is within a Shoreland Area as defined in EQB Rules 4410.0200.
Therefore, the City council further finds that the Develoment is not specifically exempt from
EQB Rules 4410.0200 to 4410.6500.
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'��;a t - C ITY of OIaONO
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RESOLUTION OF THE CITY COUNCIL
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3. EQB Rules 4410.1100 Subpart 6 provide that the RGU shall order the preparation of an EAW if
the evidence presented by the petitioners, proposers and other persons or otherwise known to the
RGU demonstrates that, because of the nature or location of the proposed project, the project
may have the potential for significant environmental effects. The RGU shall deny the petition if
the evidence presented fails to demonstrate the project may have the potential for significant
enviroiunental effects.
4. The City Council has reviewed the evidence presented by the petitioners, proposers and other
persons as well as other information of record pertaining to the development.
5. The Citizen Petition for an EAW has been formally withdrawn by the petitioners and due to the
petition being active for one year the City has determined that a decision shall be made regarding
whether an EAW shall be required of the applicants.
6. The Citizen's Petition was reacting to a 61ot proposal and such proposal has been withdrawn and
a 3 lot proposal has been submitted which is looked at favorably by the petitioners.
7. The proposal for a 3 lot subdivision significantly reduces the potential for significant
environmental impacts.
8. The environmental issues raised by the petitioners do not pose the potential for significant
environmental effects, as discussed in the City Council memorandum dated March 4, 2004.
9. The City Council finds that the concerns raised in the Citizen Petition have been and will
continually be addressed as the applicants continue through the subdivision process and
preliminary and final approval will not be given until all issues are settled through the Planning
Commission and City Council approvals.
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'�� CITY of ORONO
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�� ' "�Y G'�' RESOLUTION OF THE CITY COUNCIL
L�kESH�4� NO. � � °� �:
NOW, THEREFORE, BE IT RESOLVED by the City of Orono, Minnesota that the
Citizen Petition to the EQB by Jack Y. Perry of Briggs and Morgan, is hereby denied, and notification of
such denial shall be forwarded to EQB staff, to the proposer, and to the petitioners' representative within
5 days per EQB Rules 441Q.1100 Subpart 8.
Adopted by the City Council of Orono, Minnesota this 8th day of March, 2004.
ATTEST:
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Lintia S. Vee, City Clerk Barbara A. Peterson, Mayor
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