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• <br />• <br />Planning & Zoning Board <br />May 9, 2007 <br />Page 5 <br />Mr. Black said that they will Hydro -seed the stockpile to establish vegetation and reseed <br />as necessary. He added that they have a truck for watering and they will sweep as needed <br />to clean and maintain the road. He said they do not have a problem with a gravel <br />driveway as it is almost there by now. He anticipates they will be moving the dirt small <br />sections at a time. He is willing to create a new driveway to within 30 feet of the property <br />line if it is required. He added, however, that trees there currently act as a buffer, so if <br />the drive is relocated north of the trees the buffer will be lost. <br />Mr. Nelson suggested the possibility of adding a stipulation for use at three to four years <br />and capping the allowable trips per month. Mr. Black said that sounded reasonable, but <br />was not sure if the attorney would agree with adding a completion date. <br />Mr. Black said he understands they are trying to find thresholds of compatibility. He <br />reiterated that the use is not intended, and was never intended, to be a constant moving <br />activity, but simply supplemental material available for nearby construction sites as need <br />be. He asked the board to consider a one year allowance to prove that it will be a <br />compatible use with the neighborhood. <br />Mr. Pogalz made a MOTION to close the Public Hearing at 7:47 p.m. Motion was <br />supported by Mr. Hyden. Motion carried 6 - 0. <br />Mr. Pogalz reiterated his comments from the last board meeting. He stated that the <br />property is zoned rural, which allows more flexibility to the property owner. He added <br />that it could be a lot worse if the property was used for farming. He pointed out the this <br />sounded like an example of NIMBY — Not In My Back Yard, which means that residents <br />are okay with things as long as it's not in their back yard. He added that turn lanes sound <br />okay because the county may require them with development. He suggested they look at <br />this use as a distribution center somewhat like Schwan's. He feels they are putting good <br />limits on a use. He noted that normal construction operations happen as areas develop. <br />He added that the use would go away in a few years as the land would be more valuable <br />with homes rather than dirt on it. He stated he is in favor of approving the CUP. <br />Mr. Rafferty made a MOTION to recommend denial of the Conditional Use Permit for <br />earth material storage at 6644 20th Avenue. Motion was supported by Mr. Laden. The <br />following role call vote was taken, Nelson: No, Root: Yes, Rafferty: Yes, Hyden: No, <br />Pogalz: No, Laden: Yes, Tralle: Yes. Motion carried 4 -3. <br />Mr. Studenski asked for the board's rationale for denial, which he stated is necessary <br />when an application is forwarded with a recommendation for denial. <br />Mr. Root stated the use is too intense for the roads and a nuisance for the neighbors. Mr. <br />Rafferty believes this use is not what the ordinance intended. <br />Mr. Tralle does not agree that there is no end in site, he is disturbed that they did not ask <br />permission prior to use, and he does not feel they can monitor the amount of traffic. <br />Mr. Laden stated it does not meet ordinance requirements without an end date. He <br />considers it to be an off -site delivery business that would not be allowed in a rural zone. <br />DRAFT MINUTES <br />