Loading...
HomeMy WebLinkAbout1994.02.22 RESO 1994-0003ti RESOLUTION # 1994-3 A RESOLUTION CONCERNING A ZONING COMPLAINT RECEIVED BY THE CITY OF HUGO WHEREAS, the City received a written complaint dated April 11 1992 with regard to property located within the City and located at 8221 and 8139 157th Street North; and WHEREAS, the complaint alleged that there was being conducted an illegal automobile repair business upon the property. The complaint also alleged that there was existing an illegal landfill upon the property; and WHEREAS, the City has a duty to its citizens pursuant to Minnesota law to investigate alleged violations of its zoning ordinances. The City also has a duty to enforce its zoning ordinances against clear violations thereof; and, WHEREAS, the City hired an independent fact -finder to investigate the merits of the complaint; and, WHEREAS, the City believes that the allegations should be treated separately as they involve separate and distinct claims of improper activity; and WHEREAS, pursuant to separate written document, the City is working to reach an agreement with respect to the alleged illegal automobile repair business; and, WHEREAS, the City, by and through this Resolution, hereby addresses the allegation regarding the landfill upon the property. NOW THEREFORE, BASED UPON ALL THE EVIDENCE BEFORE IT, THE FOLLOWING FINDINGS OF FACT I8 HEREBY RESOLVED TO BE ADOPTED BY THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA AS FOLLOWS: 1. That before 1972 the property in question was located in Oneka Township, Washington County, Minnesota. 2. That in 1972 Oneka Township merged with the Village of Hugo. Since 1972 the property in question has been a part of the City of Hugo. 3. That the property in question is owned by Laura K. Stoltzman and Walter W. Stoltzman, husband and wife. Said property has been so owned at all times material to this issue. 4. That in 1961 the Stoltzman's entered into a lease agreement with Oneka Township to establish a landfill upon the property. d 5. That the lease agreement provided that the Stoltzmans would be paid an amount yearly for the use of their property for the benefit of the residents of the Township. 6. Pursuant to said lease agreement, the landfill was used by the Township for a ten year period ending in approximately 1971. 7. That from 1972 until 1978 the landfill continued its operation at the same location, during that time Hugo residents were allowed to dump for a fee. 8. That from 1978 until the present the landfill has not been operated as an ongoing business. Specifically, the operators of the landfill have not actively sought to obtain additional materials to be brought to the landfill. Instead, the operators have been attempting to sell the recyclable materials within the landfill in an effort to reclaim the area of the landfill. 9. That since 1978 the landfill has accepted scrap iron and other recyclable materials from the automobile repair business which is also located upon the property. 10. That the landfill is comprised of a collection of steel, old metal, discarded household appliances, tires, automobile bodies, automobile component parts, and other recyclable metal materials. These materials were brought to the property over the years when the property was originally known as the "Oneka Township Landfill." 11. The landfill (solid waste disposal) use on the property would be a Special Use pursuant to § 320-4, Subd. C (3) of the City Zoning Code. However, the use is limited in that it entails only the ongoing reclamation/ recycling of the materials on the property. No new materials are being brought onto the property. 12. § 320-4, Subd. C (3) of the City Zoning Code requires a Special Use Permit for landfills. However, the Stoltzman Landfill is not an active landfill. Instead it is being operated for the limited purpose of reclaiming the area where it was established many years ago. Stoltzmans will be recycling the materials in the landfill and reclaiming the area where the landfill now exists. Additionally, the City understands that reclamation is governed by local, county, state, and/or federal regulations. 13. Additionally, it is clear that the landfill will not be enlarged or intensified. Stoltzmans may, however, continue their limited role of facilitating recycling among their neighbors. This entails accepting very small quantities of scrap metals to be recycled along with the items removed from the landfill. NOW THEREFORE, based upon the foregoing Findings of Fact, the City of Hugo hereby resolves as follows: 1. That the landfill use existing upon the Stoltzman property is not an illegal use and does not violate the City's zoning code. 2. That the City will not take any action to shut down the landfill as it appears to be operating within the confines of the City's zoning code. The motion for the adoption of the resolution was duly made by Acting Mayor Fran Miron and seconded by Council Member Debra Barnes. A vote was taken thereon, and the following voted in favor thereof: Acting Mayor Miron, Council Members Barnes, Brunotte, & Leroux. None. The following voted against same: The following abstained from voting: Mayor Stoltzman Whereupon said resolution was declared duly passed and adopted by the City Council of the City of Hugo, Washington County, Minnesota, this 22nd day of February, 1994. Attest: City rk 3 Acttficr Mayor City of Hugo