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HomeMy WebLinkAbout06/04/2007 Council PacketMonday, June 4, 2007 *********** 5:30 p.m. City Council: Mayor Bergeson, Council Members Carlson, O'Donnell, Reinert & Stoltz City Administrator: Gordon Heitke ➢ Call to Order and Roll Call 5:35 p.m. — Present were Mayor Bergeson, Council Members O'Donnell, Reinert, Carlson and Stoltz Ij ©L1 A. Consider Resolution No. 07 -82, findings for denial of conditional use permit application of Royal Oaks Realty for earth material storage at 6644 20th Ay Action Taken: Motion by Stoltz, seconded by Carlson, to approve Resolution No. 07 -82, was adopted by a unanimous voice vote. Motion by O'Donnell, seconded by Carlson, to adjourn at 5:47 p.m. carried on a unanimous voice vote. y I' • • AGENDA ITEM 1 STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: June 4, 2007 TOPIC: Resolution 07 -82, Adopting Findings For Denial of Conditional Use Permit Application for Earth Material Storage Royal Oaks Realty ACTION: 3/5 BACKGROUND At the May 29 meeting the City Council denied an application by Royal Oaks Realty for earth storage on a site on 20th Ave. The "deadline law ", MN Statute 15.99, states in part: If a multimember governing body denies a request, it must state the reasons for denial on the record and provide the applicant in writing a statement of the reasons for the denial. If the written statement is not adopted at the same time as the denial, it must be adopted at the next meeting following the denial of the request but before the expiration of the time allowed for making a decision under this section. The written statement must be consistent with the reasons stated in the record at the time of the denial. The written statement must be provided to the applicant upon adoption. MNStat 15.99, Subd. 2(c) After the May 29 meeting, staff consulted with the City Attorney about the requirements of the statute. As required by law, the City Council must adopt a written statement of reasons for the denial of the application. The deadline for action on this application is June 6. Resolution 07 -82 includes a list of findings, the reasons for City Council's denial as stated at the May 29 meeting. OPTIONS 1. Adopt Resolution 07 -82 adopting findings for denial of conditional use permit. 2. Do not adopt Resolution 07 -82, which would create a possible situation of approving the CUP application by default. RECOMMENDATION Option 1 I f Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -82 RESOLUTION STATING REASONS FOR DENIAL OF AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW EARTH MATERIAL STORAGE AT 6644 20TH AVE SOUTH WHEREAS, Royal Oaks Realty has submitted a request to the City to grant a conditional use permit to allow earth material storage at 6644 20th avenue south, and; WHEREAS, the legal description of the property is: and; The west 823 feet of the south 795 feet of the southwest quarter of the northwest quarter of Section 25 Township 31 Range 22; excluding the south 265 feet thereof, also excluding the County highway Right -of -Way and any easements of record. • WHEREAS, the City's review is based on the site plan received February 9, 2007, and; • WHEREAS, the planning commission held a public hearing on the application on May 9, 2007 and recommended denying approval with a 4 -3 vote, and; WHEREAS, the City Council voted to deny the application at its meeting on May 29, 2007, and WHEREAS, MN Statute 15.99 requires the adoption of a written statement of the reasons of denial if the City Council denies a request; THEREFORE, the City Council of Lino Lakes makes the following findings: 1. Section 3, Subd. 12.B. of the Lino Lakes Zoning Ordinance (Ordinance No. 08 -03) requires a conditional use permit when 5,000 or more cubic yards of material is to be removed or deposited on any lot or parcel. The proposal includes moving or depositing over 5,000 cubic yards of material on the parcel and therefore requires a conditional use permit. 2. Section 2, Subd. 2.B.7. of the Lino Lakes Zoning Ordinance requires that a project receiving a conditional use permit: (a.) must be consistent with the policies and recommendations of the Comprehensive Plan; and (b.) must be compatible with present and future land uses of the area. The Comprehensive Plan guides the site and surrounding area for Medium Density Residential, Low Density Sewered Residential, and Low Density Unsewered Residential land uses. An earth material storage operation is not compatible with these uses. i 1 3. Section 2, Subd. 2.B.7.e. of the Lino Lakes Zoning Ordinance requires that the proposed project receiving a conditional use permit will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. An earth material storage site will result in wind erosion from the dirt pile and truck traffic, which will be detrimental to surrounding residents. 4. The proposed project is deficient for sight line distances as noted in a review by the Anoka County Highway Department in a letter dated May 7, 2007. This represents a public safety issue that has not been resolved, as specific remedies have not been assigned to this project. 5. Section 3, Subd. 12.B. of the Lino Lakes Zoning Ordinance states that the inclusion of an earth removal and land reclamation permit process in the ordinance does not automatically imply an applicant's entitlement to issuance of a permit. The City may refuse to issue a permit if in the opinion of the City, the application is not in the best interests of the City. Based on the findings stated in this resolution, the application is not in the best interests of the City. John Bergeson, Mayor • Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 4th day of June, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. •