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WS — Item 2 WORK SESSION STAFF REPORT Work Session Item 2 Date: September 6, 2011 To: City Council From: Michael Grochala 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 80th Street and indicated that violations of the zoning 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. The City Council reviewed the issue at the August 1, 2011 work session. The council determined that the use was a trucking business and not consistent with the permitted uses within the Rural — Business Reserve District. Following notification by staff to cease the use the owners appeared at "Open Mike" at the August 22, 2011 City Council meeting. The owners requested an opportunity to speak with the council regarding the existing use. The City Council placed the item on the September 6, 2011 work session for discussion. Requested Council Direction Staff is requesting council direction regarding resolution of the zoning issue.