1980-056N Council Ordinances - Laserfiche WebLink

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May 27, 1980 Page__1_gh_t The next item to be considered was to set a public hearing for the rezoning of Lino Industrial Park. Planning and Zoning had recommended approval of this rezoning of Lots 1 through 6, Block 1, and Lots 1 & 2, Block 2. Mrs. Elsenpeter Moved to set a Public Hearing for the rezoning of the above listed lots in Lino Industrial Park for June 23, 1980 at 9:00 P.M. Seconded by Mr. McLean. Motion \scarried unanimously. The special use permit for Mr. Marcel LeRoux was considered. Mr. Schumacher gate a brief history of the mining operations that have ensued over the past year or so. The Planning and Zoning Commission recommended that Mr. LeRoux present proof of proper frontage, a Letter of Credit to restore the Street, 411, 787.50), prepare plans for finished grades and existing grades. and plans for there§.toration of the property. Also, there must be back payment for the material removed to date. This application had been denied at the last Planning and Zoning Commission. Mr. LeF.Dux•has presented the Letter of Credit and has lined up an Engineering firm to do the surveying and to do the topography of the land. Mr. Gotwald had felt this would be a conflict of interest for him to set the elevations and then inspect them. Mayor Gourley disagreeded. The area that is being worked at the present time must be defined. If this is done, Mr. LeRoux will be permitted to operate in that area only until the topogs are completed. Mr. McLean felt that there would be an enviornmental impact on the lands to the South. He felt that any elevations established should be aware of this. There was also discussion of this being a commercial operation in a residential area. L fayor Gourley felt this land was being prepared for development and in this light, some operation for the removal of the excess soil would fall under the special use permit provisions. Mr.Jaworski moved to table this until all information is available. Seconded by Mr. McLean. Motion carried unanimously. Put this on the 6/9/80 agenda. The preliminary plat of Lakes Add. #6 was considered. This is platting a portion of the outlots in Lakes Add. #2 as single family lots. There had been a question of a drainage easement on the rear of some of the lots - this has been removed. The Planning and Zoning Board has recommended approval of this and to set a public hearing. Mr. McLean moved to approve the preliminary plat and to set a public hearing for June 16, 1980 at.9:00 P.M. Seconded by Mr. Jaworski. Motion carried unanimofisl y . The preliminary plat of Lakes Add. #7 was'considered next. This is for North NOrtheast Realty to plat the outlots in Lakes Add. #2 into quads. Mr. Schumacher presented the actions of the Planning and Zoning Board's action on this matter. They had asked for some direction from this Council as to existence of the Special Use permt. Is is valid? or is it void? Mr. Jaworski asked what would make this permit not valid? Mr. Schumacher pre- sented the requirements of Ordinance #56 as to the procedures concerning the issuance and revoking of special use permits. Mayor Gourley pointed out that no Council has ever h6.ld a public hearing to revoke any special use• permits.