10-09-08 Planning Comm. Minutes - Laserfiche WebLink

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MINUTES PLANNING COMMISSION OCTOBER 9, 2008 Motion carried 7 - 0. The City Planner noted that Figg Masonry would be allowed to remain on the property, under grandfather rights, should it be verified that they were legally established prior to adoption of the 1980 Code. The City Planner recommended that the Commission act on the appeal of staff's determination that the salvage yard is not grandfathered in. Knudsen noted that the applicants have represented that they have continued their salvage operation, but City staff has found otherwise and feels that this portion of the business has been vacated, therefore, cannot be reinstated under the current Code. The Planner recommended that the Commission deny the appeal. Rustad reported that they have down-sized their salvage yard. He also pointed out that they have continued to renew their salvage license up to last year. Sandberg reported that the City Administrator and Code Enforcement Officer visited the property recently. While he showed them that there was one scrapped car on the property, there were actually three. Rustad stated that it was not their intention to operate a large scrap yard; however, they want the ability to continue this use in a limited fashion. Helmeke asked if R & S would have legal recourse against the City if the appeal is denied. The City Planner noted that the Council will make a final determination on the salvage yard issue. If the appeal is denied, R & S will have to determine their next course of action. Knudsen commented that he was not sure the Commission had all the facts related to the Salvage Yard operation, but felt that the matter should be passed on to the City Council. Based on the information before the Commission, Knudsen felt the appeal should be denied. Knudsen recommended denial of the Appeal of City staff's determination that the Salvage Yard is not grandfathered in, passing this matter onto the Council for a final determination. Motion seconded by Ban•aclough. Motion carried 6 - I. Duray voted against. Duray voted against as he did not feel he had enough information to make a decision about the appeal. RE-ISSUE Mr. Frank Frattalone appeared before the Commission requesting approval INTERIM of the reissuance of an Interim Use Permit to allow aggregate materials -10-