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2010-038 Council Resolution
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2010-038 Council Resolution
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Last modified
9/17/2021 1:14:49 PM
Creation date
8/29/2014 2:12:44 PM
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City Council
Council Document Type
Master List Resolution
Meeting Date
04/26/2010
Council Meeting Type
Regular
Resolution #
10-38
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Interim Use Permit <br /> 2209 Phelps Road <br /> page 2 <br /> (often referred to as being"grandfathered"),use of the site on the north of Phelps Road for open <br /> and outdoor storage needs a new approval. The research and conclusions are described in this <br /> report. <br /> The site is guided Industrial and zoned Light Industrial. Land to the west, south, and east is <br /> guided Industrial and zoned Light Industrial. Property abutting the north side is guided <br /> Commercial and zoned General Business. <br /> Phelps Road <br /> In the past, Phelps Road began at the old Otter Lake Road (abutting I-35E) and extended only <br /> about 850 feet to the east. In fact, it was a driveway or private road until 1977 when Miller <br /> granted a public road and utility easement to the City. <br /> The Arnt family acquired a one-acre parcel at 2109 Phelps Rd. from Paul Miller in the 1970s. <br /> The City's property file includes building permits issued to Arnt in 1978. An additional lot of <br /> 1.8 acres to the east was acquired from Miller by Arnt soon after. This lot has no separate <br /> address, and the business has functioned across these properties, as well as onto the Miller <br /> property to the east, for some time. <br /> In 1988, Miller granted another easement which extended Phelps Road another 1320' east to the <br /> location of what is now the new Otter Lake Road. However, the deed specified that this <br /> easement was not to take effect until 2003 (fifteen years later). When the new Otter Lake Road <br /> was constructed in the 1990s, Arnt actually constructed the Phelps Road extension to City street <br /> standards, though it was a private road because the easement was not yet effective. Now that the <br /> easement is in effect, Phelps Road is entirely a public road. <br /> The land to the east of the two Arnt parcels actually is part of an 8-acre parcel that lies both on <br /> the north and south sides of Phelps Road. This lot, still owned by Miller, was physically divided <br /> by the extension of Phelps Road,but never legally subdivided into two tax parcels. The area on <br /> the south of Phelps Road has been used as part of Amt's activities,while the land on the north of <br /> the road has seen some changes in land use. <br /> The proposed interim use permit would include provisions to block off the east end of Phelps <br /> Road for limited periods of time to allow for a conveyor to cross the road and carry material <br /> from the crushing machinery on the south side to the storage area on the north side. <br /> Zoning and Permits On the Site(s): A History <br /> • February 13, 1968: City Council notes contact with Acton Construction regarding <br /> "purchasing property on the east side of the Village and rezoning of same." <br /> • Feb. 21, 1968: City Council sets special meeting and hearing regarding"the request of <br /> Acton Construction Co. to rezone their property near 35E &Main St. from residential- <br /> fanning to commercial." <br /> • Feb. 26, 1968: Staff instructed to send letters to adjacent property owners about the hearing. <br />
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