04/11/2007 P&Z Packet - Laserfiche WebLink

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AGENDA ITEM V.C. • STAFF ORIGINATOR: James E. Studenski, City Engineer P & Z MEETING DATE: April 11, 2007 TOPIC: Public Hearing: Conditional Use Permit Royal Oaks Realty — Material Storage • • BACKGROUND Royal Oaks Realty is applying for an after the fact Conditional Use Permit for a earth material storage stockpile near the northeast corner of the intersection of Birch Street (CSAH 154) and 20th Avenue South (CSAH 54). The site consists of a 9.3 acre parcel located on the east side of 20th Avenue South approximately 250 feet north of the intersection of Birch Street and 20th Avenue South, as shown on the attached Exhibit A. On August 3, 2006, City staff witnessed a substantial amount of fill material on this property. A cease and desist order was sent on August 4, 2006 notifying the owner that the activity was in violation of Section 3, Subdivision 12 of the Lino Lakes Zoning Ordinance. Specifically, when five thousand (5,000) or more cubic yards of material is to be removed from or deposited on any lot or parcel, a Conditional Use Permit shall be required. The zoning ordinance for Earth Moving and Land Reclamation does provide a list of conditions as a prerequisite for granting a permit. After receiving the cease and desist order, the property owner contacted the City and stated they had quit hauling and that a Conditional Use Permit would be pursued before any additional material was hauled into the site. The required silt fence was installed within a couple days of the contact with the property owner. The property is owned by The Sanctuary LLC, Marcel Eibensteiner is the president of that partnership. Royal Excavating will operate the earth material storage yard with the permission of The Sanctuary LLC. The content of this earth material storage stockpile is intended to be topsoil or "black dirt". The attached site plan (Exhibit B) estimates the current size of the stockpile to be 5,605 cubic yards. The Applicant intends to use the material on an "as needed" basis on various constructions sites in the general vicinity. Dump trucks would be used to deliver earth materials from the site and haul clean fill back into the site. The amount of earth material on the site would not exceed 15,000 cubic yards. The City has sent a notice to the surrounding home owners to inform them of the proposed Conditional Use Permit and invited anyone interested to provide comment. These same homeowners were also notified by the city of the public hearing in regards to this request. Attached Exhibit C shows residences neighboring the earth material storage site. The City has forwarded this Conditional Use Permit to Anoka County Highway Department. Anoka County has informed the City that they will require a Haul Permit and a Driveway Access permit to be submitted by the property owner, before any further activity can commence on the