04-16-02 CCM - Laserfiche WebLink

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B. E&H Earthmovers CUP: Terry Emerson Bruce Malkerson, Malkerson, Gilliland, Martin, speaking on behalf of his client, Terry Emerson, E&H Earthmovers, advised the Council that Mr. Emerson had decided to sell his equipment and close his business. Mr. Malkerson further advised the Council that Laidlaw Transit, Inc. was successful in getting the bid for ISD 834 bussing needs for the next two years. In order to provide the service necessary to the school district, Laidlaw must find a storage facility with a small office and indoor/outdoor storage. He added that Laidlaw and E&H have reached an agreement concerning the lease of the building and property. Mr. Malkerson stated his legal position was that Laidlaw could use this facility without a new Conditional Use Permit (CUP) or other zoning approval. The approved CUP runs with the land and it was not specific to any one particular business. He further stated that the Council chose to provide only for approval of a single use and did not specify what type of contractor in the CUP resolution. Mr. Malkerson provided a letter dated April 14, 2002 with more detailed information. (The letter will be made part of these minutes by reference.) Council member DeLapp stated that sprinkling the new building was not required when the CUP was approved, in spite of his strong objections to this omission. He stated he thought a bus company should require a sprinkler. He further added that smoke is a carcinogen and the smoke issue is very serious concern of his, and that one of the selling points of the existing CUP was that there were no vehicles on site during the summer months, and they were parked on site in the fall. Council member Dunn stated she felt the existing CUP was designed and customized specifically for E & H Earthmovers and the CUP would have to be amended for a bus company. She stated it did not make any difference if it was earth moving equipment or buses, as long as we are provided information regarding the number of busses and their hours of operation. Council member Siedow agreed that the CUP was specifically tailored to E&H Earthmovers and not transferable to a bus company. Having lived near a bus facility, his concern was that the neighbors in close proximity to this site be made aware of the request to change the use, and that the City listens to and takes into consideration their concerns The City Attorney stated that E & H Earth Movers is a commercial use allowed by a CUP in the Ag zone if it saves open space. There is smoke, lighting and other concerns related to a bus terminal that wouldn't necessarily be related to a contractor's shop. He further stated the Emerson CUP was not granted generically, but was based on information submitted by Mr. Emerson describing his business operation. Filla stated that Low Impact Agricultural regulations are broad enough to include a bus terminal, but there is a defined process the applicant should go through to amend the current CUP. LAKE ELMO CITY COUNCIL MINUTES APRIL 16, 2002