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LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 1988 PAGE 6 <br />CUP's are,.ongQing,& permanent, unless the City finds reasm to hold a <br />( public hearing to amend a CUP, or toicbtfgfdar how to handle unresolved <br />problems or violations by a permittee. <br />Based on the above information, the City C'duncil does not need totake <br />action torenewthe 16 Conditional Use Permits. However, the City Building <br />Official aid the City Attorneyboth.recomrmffd tlidt the Tty Councill,delayany <br />action inregard to the alledged violations under the Hammes CUP or the <br />Armstivig CUP until the court systemhas resolved thVe issues in each case <br />and ppr ovide a clear direction, for the City to follow. <br />M/S/P Johnson/Graves - to accept the Conditional Use Permit Review as <br />indicated by the Building Official Jim McNamara. (Motion carried <br />4-0). <br />C. 1986 Comprehensive Plan Amendment --Highway Transportation <br />Facilities Section <br />This Plan Amendment was made necessary by the City's desire to change <br />the MSA road designation from 50th Street to 43rd Street and MnDOT <br />requiring that the City's Compreherrive Plan be amended to support this <br />proposed road classification change. <br />The Planning Commission held the public hearing on this draft <br />Comprehensive Plan amendment on 10-26-87. The motion to recommend <br />City Council approval of the Highway Transportation Facilities Section <br />of Appendix G, Transportation Facilities, Chapter V-Technical Data <br />Appendics as made by the Planning Commission on 11-23-87. <br />M/S/P Moe/Graves - to approve the partial Appendix G amendment to the <br />1986 Comprehensive Plan concerning Highway Transportation Facilities <br />and authorize submittal of this Plan Amendment to the Metro Council <br />for its review and concurrence. (Motion carried 4-0). <br />D. Staff Report on Non -Conforming Business in the Rural <br />Residential Zoning District <br />.i <br />Building Official Jim McNamara <br />Gould at 5749 Lake Elmo Avenue, <br />from the City. The filling has <br />slope has not been achieved as <br />letter dated November 25, 1987 <br />within 30 days. <br />reported that this past year Mr. Joe <br />requested and received a fill permit <br />been completed, however, a proper 4:1 <br />yet. McNamara had sent Mr. Gould a <br />requesting that he correct this item <br />McNamara added that Mr. Could's business has been in existence for <br />many years and continues to operate under our Grandfather clause. A <br />conditional use permit is not required for his operation because of <br />the Grandfather clause. Also, a conditional use permit for this type <br />of operation would not be permitted in our RR zoning district. <br />In City Attorney Knaak's letter dated January 5, 1988, Knaak stated <br />that it his understanding that the preliminary assessment of the staff <br />is that there has been no increase in the size and scope of the <br />operation on the Gould property. It has also been the assessment of <br />