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• • • WS — Item 3 WORK SESSION STAFF REPORT Work Session Item Date: August 1, 2011 To: City Council From: Paul Bengtson, Associate Planner Re: 2122 80th Street — Code Enforcement Background Based on the complaints the City Council received, the city attorney sent a letter to the owner of 2122 80t Street and indicated that violations of the ordinance were occurring on the site. The property owner contacted staff and requested a meeting to discuss the property and the code issues. On Monday July 25th staff met with the property owner Lloyd Drilling and the business owner on the site Paul Montain. The business that is being operated on the site is Mountain Environmental, a fertilizer company that hauls post - production wastes from industrial users to farm locations and then spreads the materials on farm fields for fertilization. The occupant of the home on site is not involved in this business directly. The use was not established as a home occupation, but as what they considered to be an `agriculture' use. Agriculture is allowed as a permitted use within the Rural Business Reserve zoning district. Upon conclusion of the meeting between staff and the property/business owners, staff identified three areas of concern still looming with this use and this site: 1. Use — Is this use `agriculture' or is it a `trucking company'? Staff is consulting with the city attorney to determine if the use occurring on the site must be considered `agriculture', or if it falls under another use. If the use on the site is not `agriculture', the city or the property owner may initiate a process to amend the ordinance to allow this type of use on the site. 2. Junk — the business and property owners both agreed that there were a number of junk vehicles that should be removed to clean up the site. They indicated that they would begin to do so in the short term. 3. Oversized Vehicles — Section 3 of the zoning ordinance includes restrictions on the number of oversized vehicles allowed on properties. It separates properties by area, with separate requirements for properties under 2.5 acres and properties between 2.5 acres and 10 acres. However, the ordinance does not specifically