08-09-2021 Council Meeting Minutes

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COUNCIL MINUTES APPROVED 156 conditions included by staff (non -conforming rights noted, Rice Creels Watershed District, annual 157 inspection requirement, hours of operation that don't relate to use or other operations in the City). If 158 the City isn't able to remove the conditions of concern then it would be their intent to withdraw the 159 application for the CUP. In regard to the variance, they believe they meet state law and city code in 160 qualifying. They are requesting that the council consider the variance request first and if the 161 variance is denied, the applicant would intend to withdraw the request for the conditional use 162 permit. 163 Mayor Rafferty questioned staff on the applicant's contention that they would not be able to mow 164 their grass on a Sunday or federal holiday under the conditions included in the CUP. Staff noted 165 that the condition follows the City's existing noise ordinance. 166 Attorney Squires noted that if the council denies the variance request, the applicant intends to 167 withdraw their CUP application so the condition discussion would no longer apply. 168 Mr. Stowe updated the council on how he operates and on the care of older horses. He is using the 169 structure on his property as it was intended to be used and as it was sold to him. He added that it 170 hasn't been proven either that the original CUP doesn't still apply. 171 City Attorney Squires summarized and supported the information presented by staff. He reviewed 172 the elements of practical difficulty that the council should consider. 173 Councilmember Stoesz moved to approve Resolution No. 21-68 as presented. Councilmember 174 Cavegn seconded the motion. Motion carried on a voice vote. 175 Resolution No. 21-67 was not considered as the applicant indicated the application for a conditional 176 use permit was withdrawn. 177 UNFINISHED BUSINESS 178 There was no Unfinished Business, 179 180 NEW BUSINESS 181 There was no New Business, 182 183 COMMUNITY EVENTS 184 The council received an update from Councilmember Stoesz on plans for the upcoming Blue Heron 185 Days festival and related activities. 187 Contnurnity Calendn�— A Look Ahead 188 August 9, 2021 through August 23, 2021 189 4. Wednesday, August 11 6:30 pm, Council Chambers Planning & Zoning Board 190 4. Monday, August 23 6:00 pm, Community Room Council Work Session 191 Monday, August 23 6:30 pm, Council Chambers City Council Meeting 192 193 ADJOURN 194 195 There being no further business, Councilmember Cavegn moved to adjourn at 8:00 p.m. 196 Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 197 5