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MINUTES <br />CITY COUNCIL <br />MAY 26, 2004 <br />CUP <br />AMENDMENT <br />& VARIANCE <br />50 SOUTH <br />OWASSO BLVD. - <br />PRECISION <br />TREE <br />RESOLUTION 2004 -5 -103 - DENYING THE REQUEST FOR <br />AMENDMENT TO CONDITIONAL USE PERMIT TO MODIFY THE <br />SITE PLAN FOR VALOR ENTERPRISES AS WELL AS DENYING <br />THE VARIANCE FROM THE CITY'S PARKING REQUIREMENTS <br />FOR PROPERTY AT 3165 -3167 SPRUCE STREET 13ASED ON THE <br />FINDINGS OF THE CITY PLANNER AND THE PLANNING <br />COMMISSION AND BASED ON THE FACT THAT THERE IS NO <br />HARDSHIP PRESENT TO WARRANT GRANTING A VARIANCE, <br />AND DIRECTING VALOR ENTERPRISES TO BRING THE <br />PROPERTY INTO CONFORMANCE WITH THE ORIGINAL <br />CONDITIONAL USE PERMIT GRANTED FOR THIS PROPERTY <br />The foregoing resolution was duly seconded by Anderson. <br />Ayes (5) LaValle, Anderson, Blesener, Fahey, Montour. <br />Nays (0). Resolution declared adopted. <br />Fahey noted that Precision Tree has requested that action on their <br />application for Amendment to Conditional Use Permit to modify <br />site plan to reflect additional outdoor storage as well as accessory <br />structure for wood - burning heating system and a Variance to allow <br />outdoor storage in excess of Code limitations be tabled until the <br />July meeting cycle. <br />John Anish, Yorkton Ridge, expressed concern with the continued tabling <br />of this matter, noting the continued addition of outdoor storage materials <br />on the site as well as the foul odors coming from the wood - burning <br />hearing source. <br />Fahey indicated that any additional tabling of this matter would be subject <br />to there being no additional outdoor storage and no use of the wood - <br />burning stove. <br />Anish pointed out that the use of the property is a lot more Light- Industrial <br />than Industrial -Park. He noted that at his last count there were 13 vehicles <br />stored on the site. Precision Tree is continually bringing large loads of <br />wood to the site. <br />Kim Walstead, Yorkton Ridge, reported that the residents in the area have <br />been continually subjected to odors from the wood burning stove. <br />Walstead indicated that from the odors being emitted, it seems as though <br />there are plastics being burned in the stove. <br />The City Administrator indicated that a building permit has not been <br />issued for the wood- burning heating source. However, from initial <br />investigation. it appears the stove is UL listed and a type of heating source <br />that could be permitted. The Administrator pointed out, however, that <br />13 <br />