05/29/2007 Council Minutes (2) - Laserfiche WebLink

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COUNCIL MINUTES May 29, 2007 APPROVED 178 Engineer Studenski reported that the Planning and Zoning Board voted to deny the conditional use .79 permit and the rationale is provided in the staff report. City staff is recommending approval of the 180 permit with the conditions listed in the staff report. 181 182 Marcel Eibensteiner, owner of property, addressed the Council. He is a law abiding citizen and didn't 183 realize the top soil was any kind of a violation. The site has already been improved substantially and 184 the amount of soil reduced with the filling in of the property where the house was removed. All 185 conditions requested by staff are acceptable to him except the County's turn lane requirements as they 186 are cost prohibitive. Although the conditions would place a maximum on trips to and from the 187 property, the number of trips reasonably anticipated were reported to be approximately 50 per month. 188 189 Engineer Studenski explained that if the permit were not approved, the dirt would have to be removed 190 or leveled on site. 191 192 Patrice Carpenter, 6748 20th Av, stated that the property owner has worked to meet some of the 193 conditions and it has been an improvement, however, she still believes that the situation is not in the 194 spirit of the ordinance. The code allows for storage of earth that is to be used for grading on site and 195 that is not the case. The situation is a disturbance to area residents. 196 197 Council Member Carlson moved to deny approval of the conditional use permit based on the 198 following findings: 199 ak200 - zoning ordinance: city is not obligated under language for conditional use permit issuance W01 since it says the city "may" grant permits; 202 - comprehensive plan: use is not consistent with nor the use intended for a rural area; doesn't 203 meet agricultural objectives; seen as a "heavy" use in an area planned for future residential 204 development; 205 - traffic/safety — Anoka County has identified safety issues but is committed to requiring they 206 be addressed "to the fullest extent possible" 207 six reasons given by Planning & Zoning Bd for denying permit. 208 209 Council Member O'Donnell seconded the motion. Motion carried; Council Member Reinert absent. 210 211 UNFINISHED BUSINESS 212 213 May 7, 2007 Council Work Session Minutes 214 215 Council Member Stoltz moved to approve the minutes. Council Member O'Donnell seconded the 216 motion. Motion carried; Council Member Carlson abstained; Council Member Reinert absent. 217 218 NEW BUSINESS 219 220 There was no New Business. 221 S 5