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1 <br /> <br /> STAFF REPORT <br />DATE: 01/16/2024 <br /> CONSENT <br /> <br /> MOTION <br />TO: City Council <br />FROM: Sophia Jensen, City Planner <br />AGENDA ITEM: Conditional Use Permit Extension Request – Upper 33rd St Townhomes <br /> <br /> <br />BACKGROUND: <br />The City Council adopted Resolution 2023-006 approving the Upper 33rd St LLC conditional use <br />permit for a 4-unit townhome located at 11046 Upper 33rd Street on January 17th 2023. The <br />ordinance requires substantial construction within 12 months of the date on which the <br />conditional use permit was granted. Otherwise, the council, after receiving recommendation from <br />the planning commission, may extend the permit for such additional period, as it deems <br />appropriate. The current conditional use permit deadline is January 17th 2024. <br /> <br />The developer submitted a 1-year extension request to the City on December 4th 2023. As <br />outlined in the extension request letter, the site had previously unidentified oil contamination <br />which caused significant delays in the project construction. The developer is working through <br />MPCA requirements and land remediation. <br /> <br />ISSUE BEFORE THE CITY COUNCIL: <br />The City Council is being asked to make a determination on the extension request for the <br />conditional use permit deadline to January 17th 2025. <br /> <br />PROPOSAL DETAILS/ANALYSIS: <br />Upper 33rd LLC is requesting a 1-year extension of their conditional use permit to work through <br />environmental contamination on the site and MPCA regulations. <br /> <br />PLANNING COMMISSION: <br />The Planning Commission reviewed the extension request at their December 11th meeting. They <br />voted to recommend approval of the 1-year extension (Vote 6-0). At the meeting resident Susan <br />Dunn spoke, outside of a public hearing, on the site contamination and comprehensive plan. <br /> <br />FISCAL IMPACT <br />None. <br /> <br />OPTIONS <br />1) Approve the conditional use permit deadline to January 17th 2025 <br />2) Reject the extension request. <br /> <br />RECOMMENDATION: